BILL REQ. #:  S-1710.1 

Read first time 02/25/13.   Referred to Committee on Ways & Means.

     AN ACT Relating to improved student achievement and student outcomes; amending RCW 28A.400.200, 28A.150.220, 28A.195.010, 28A.305.140, 28A.305.140, 28A.310.240, 28A.330.100, 28A.340.030, 28A.400.300, and 28A.630.083; adding new sections to chapter 28A.405 RCW; creating a new section; repealing RCW 28A.305.141; making an appropriation; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that research shows that an inspiring and informed teacher is the most important school-related factor influencing student achievement, so it is critical to train and support both new and experienced educators. The legislature also finds that the state has many experienced and exemplary teachers who could help enrich the teaching experiences of other teachers in their buildings, including beginning teachers. The legislature further finds that the state lacks a career advancement structure that provides administrative-level compensation for outstanding teachers who continue classroom teaching while they act as instructional leaders for their buildings. The legislature intends to establish a program designed to keep master teachers working directly with students in the classroom while they are providing instructional leadership and mentoring for other teachers in their buildings.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.405 RCW to read as follows:
     (1) By August 1, 2013, the office of the superintendent of public instruction shall create the STEM AP master teacher pilot program for the 2013-14 school year in five geographically diverse school districts, including urban, rural, large, and small districts. Each of the five districts may have no more than three designated STEM AP master teachers during the pilot program.
     (2) The purposes of the pilot program are to:
     (a) Elevate the status of the STEM and AP teaching profession by recognizing and rewarding outstanding STEM AP teachers thereby making STEM and AP more attractive;
     (b) Provide exemplary science, technology, engineering, and mathematics teachers with opportunities to serve as master teachers while they remain in their own classrooms working directly with students;
     (c) Provide an opportunity for experienced and exemplary teachers to help and mentor new teachers and other teachers in the building; and
     (d) Provide a career advancement structure that provides administrative-level compensation for master teachers.
     (3) As used in this section and sections 3 and 4 of this act, "STEM" means science, technology, engineering, and mathematics.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.405 RCW to read as follows:
     (1) STEM AP master teachers shall:
     (a) Teach at least one AP course;
     (b) Be assigned to teach in their own classrooms and act as instructional leaders and mentors for other teachers in the building;
     (c) Be expected to work beyond the districts' contracted days for certificated instructional staff and must be on a year-round calendar and contract;
     (d) Create curriculum, provide demonstration lessons, and field test new learning strategies for use by other teachers;
     (e) Provide professional development training and coaching for teachers;
     (f) Receive a salary of no less than one hundred thousand dollars; and
     (g) Not be subject to the collective bargaining agreement of the school district.
     (2) Each school district in the STEM master teacher pilot program shall select STEM master teachers who are exemplary STEM teachers at the elementary school and secondary school levels who teach in a STEM subject, which may also include special education teachers and teachers of English language learners who teach a STEM subject. In selecting the members, the school district shall make decisions based on multiple measures, which may include the teacher's:
     (a) Evaluations;
     (b) Assessment of content knowledge;
     (c) Demonstration of practical professional experience in the teacher's discipline, such as having worked in industry or research;
     (d) Ability to improve student academic achievement in the STEM fields and the AP program, as demonstrated by, if applicable, student academic growth in such fields;
     (e) Ability to enhance student engagement in such fields;
     (f) Record of leadership in the teacher's school and involvement in professional and outreach activities; and
     (g) Record of teaching students not on grade level, not on track to graduate college, and not career ready.
     (3) The selection criteria for master teachers must be based on the ability to demonstrate exemplary skills and knowledge about effective instructional and classroom management practices. This is evidenced by:
     (a) A three-year rolling average of the percentage of students taught by the teacher that complete an AP class, which must be at least seventy-five percent of the teacher's students;
     (b) A three-year rolling average of the percentage of students taught by the teacher that score at least a three on an AP exam, which must be at least seventy percent of the teacher's students; and
     (c) The percentage of students that meet or exceed the state standard on the state assessments, disaggregated by student subgroups, including race, ethnicity, poverty, English language learners, and special education, which must be at least seventy percent in the aggregate.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.405 RCW to read as follows:
     The superintendent of public instruction shall submit a report by December 1, 2014, to the governor and the appropriate committees of the legislature that summarizes the pilot program and its effectiveness and identifies optimal strategies for the design and implementation of the program statewide. The report must also include a recommendation as to whether or not the pilot program should be continued, expanded, or otherwise modified.

Sec. 5   RCW 28A.400.200 and 2010 c 235 s 401 are each amended to read as follows:
     (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.
     (2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and
     (b) Salaries for certificated instructional staff with a master's degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a master's degree and zero years of service.
     (3)(a) The actual average salary paid to certificated instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.
     (b) Fringe benefit contributions for certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.
     (c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.
     (4) ((Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, for additional responsibilities, for incentives, or for implementing specific measurable innovative activities, including professional development, specified by the school district to: (a) Close one or more achievement gaps, (b) focus on development of science, technology, engineering, and mathematics (STEM) learning opportunities, or (c) provide arts education. Beginning September 1, 2011, school districts shall annually provide a brief description of the innovative activities included in any supplemental contract to the office of the superintendent of public instruction. The office of the superintendent of public instruction shall summarize the district information and submit an annual report to the education committees of the house of representatives and the senate. Supplemental contracts)) Locally funded salary enhancements for nonbasic education functions that are unique to the school district shall be limited to no more than ten percent of the state amount for the school district's state provided salaries. Such locally funded salary enhancements shall not cause the state to incur any present or future funding obligation. ((Supplemental contracts)) Locally funded salary enhancements for nonbasic education functions shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may ((enter into a supplemental contract)) provide locally funded salary enhancements under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.
     (5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 ((and)), 28A.400.275, and 28A.400.280.

Sec. 6   RCW 28A.150.220 and 2011 1st sp.s. c 27 s 1 are each amended to read as follows:
     (1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the annual minimum instructional program of basic education offered by school districts.
     (2) Each school district shall make available to students the following minimum required instructional offering each school year:
     (a) For students enrolled in grades one through twelve, at least a district-wide annual average of one thousand hours, which shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature, but not before the 2014-15 school year; and
     (b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.
     (3) The instructional program of basic education provided by each school district shall include:
     (a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
     (b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits as established by the legislature. Course distribution requirements may be established by the state board of education under RCW 28A.230.090;
     (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;
     (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;
     (e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;
     (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and
     (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.
     (4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
     (5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of ((a)) the minimum ((of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315)) required annual instructional hours under this section. However, effective May 1, 1979, a school district may schedule the last five school days of the ((one hundred and eighty day)) school year for noninstructional purposes in the case of students who are graduating from high school((,)) including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full-time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
     (6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.
     (7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.

Sec. 7   RCW 28A.195.010 and 2009 c 548 s 303 are each amended to read as follows:
     The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.
     Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. The state board of education shall not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a certificate of individual achievement to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.655.061. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual achievement. Minimum requirements shall be as follows:
     (1) The minimum school year for instructional purposes shall consist of no less than ((one hundred eighty school days or the equivalent in)) the annual minimum required instructional hour offerings under RCW 28A.150.220, with a school-wide annual average total instructional hour offering of one thousand hours for students enrolled in grades one through twelve, and at least four hundred fifty hours for students enrolled in kindergarten.
     (2) The school day shall be the same as defined in RCW 28A.150.203.
     (3) All classroom teachers shall hold appropriate Washington state certification except as follows:
     (a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.
     (b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.
     (4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that:
     (a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW;
     (b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;
     (c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;
     (d) Each student's progress be evaluated by the certified person; and
     (e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.
     (5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.
     (6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.
     (7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.
     (8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.
     All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) of this section provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

Sec. 8   RCW 28A.305.140 and 2012 c 53 s 8 are each amended to read as follows:
     (1) Except as provided in subsection (3) of this section, the state board of education may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to:
     (a) Implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program;
     (b) Implement an innovation school or innovation zone designated under RCW 28A.630.081; or
     (c) Implement a collaborative schools for innovation and success pilot project approved under RCW 28A.630.104.
     (2) The state board shall adopt criteria to evaluate the need for the waiver or waivers.
     (3) The state board shall not grant waivers from the minimum required annual instructional hour offerings under RCW 28A.150.220.

Sec. 9   RCW 28A.305.140 and 1990 c 33 s 267 are each amended to read as follows:
     (1) Except as provided in subsection (3) of this section, the state board of education may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program.
     (2) The state board shall adopt criteria to evaluate the need for the waiver or waivers.
     (3) The state board shall not grant waivers from the minimum required annual instructional hour offerings under RCW 28A.150.220.

Sec. 10   RCW 28A.310.240 and 2009 c 47 s 1 are each amended to read as follows:
     (1) Every educational service district board shall adopt written policies granting leaves to persons under contracts of employment with the district in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement, and emergencies for both certificated and classified employees, with such compensation as the board prescribes. The board shall adopt written policies granting annual leave with compensation for illness, injury, and emergencies as follows:
     (a) For persons under contract with the district for a full fiscal year, at least ten days;
     (b) For persons under contract with the district as part-time employees, at least that portion of ten days as the total number of days contracted for bears to ((one hundred eighty days)) the minimum required annual instructional hour offerings under RCW 28A.150.220;
     (c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per fiscal year. Provisions of any contract in force on July 23, 1989, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;
     (d) Compensation for leave for illness or injury actually taken shall be the same as the compensation the person would have received had the person not taken the leave provided in this section;
     (e) Leave provided in this section not taken shall accumulate from fiscal year to fiscal year up to ((a maximum of one hundred eighty days)) the minimum required annual instructional hour offerings under RCW 28A.150.220 for the purposes of RCW 28A.310.490, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one fiscal year. Such accumulated time may be taken at any time during the fiscal year, or up to twelve days per year may be used for the purpose of payments for unused sick leave; and
     (f) Accumulated leave under this section shall be transferred to educational service districts, school districts, the office of the superintendent of public instruction, the state school for the blind, the ((school for the deaf)) Washington state center for childhood deafness and hearing loss, institutions of higher education, and community and technical colleges, and from any such district, school, or office to another such district, school, office, institution of higher education, or community or technical college. An intervening customary summer break in employment or the performance of employment duties shall not preclude such a transfer.
     (2) Leave accumulated by a person in a district prior to leaving the district may, under rules of the board, be granted to the person when the person returns to the employment of the district.
     (3) Leave for illness or injury accumulated before July 23, 1989, under the administrative practices of an educational service district, and such leave transferred before July 23, 1989, to or from an educational service district, school district, or the office of the superintendent of public instruction under the administrative practices of the district or office, is declared valid and shall be added to such leave for illness or injury accumulated after July 23, 1989.

Sec. 11   RCW 28A.330.100 and 2006 c 263 s 417 are each amended to read as follows:
     Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in this title, shall have the power:
     (1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her, and to fix his or her duties and compensation;
     (2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation;
     (3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation;
     (4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation;
     (5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the superintendent of public instruction for the use of the common schools of this state;
     (6) To, in addition to the minimum requirements imposed by this title establish and maintain such grades and departments, including night, high, kindergarten, vocational training and, except as otherwise provided by law, industrial schools, and schools and departments for the education and training of any class or classes of youth with disabilities, as in the judgment of the board, best shall promote the interests of education in the district;
     (7) To determine the length of time over and above ((one hundred eighty days)) the minimum required annual instructional hour offerings under RCW 28A.150.220 that school shall be maintained((: PROVIDED, That for purposes of apportionment no district shall be credited with more than one hundred and eighty-three days' attendance in any school year)); and to fix the time for annual opening and closing of schools and for the daily dismissal of pupils before the regular time for closing schools;
     (8) To maintain a shop and repair department, and to employ, and for cause dismiss, a foreman and the necessary help for the maintenance and conduct thereof;
     (9) To provide free textbooks and supplies for all children attending school;
     (10) To require of the officers or employees of the district to give a bond for the honest performance of their duties in such penal sum as may be fixed by the board with good and sufficient surety, and to cause the premium for all bonds required of all such officers or employees to be paid by the district: PROVIDED, That the board may, by written policy, allow that such bonds may include a deductible proviso not to exceed two percent of the officer's or employee's annual salary;
     (11) To prohibit all secret fraternities and sororities among the students in any of the schools of the said districts; and
     (12) To appoint a practicing physician, resident of the school district, who shall be known as the school district medical inspector, and whose duty it shall be to decide for the board of directors all questions of sanitation and health affecting the safety and welfare of the public schools of the district who shall serve at the board's pleasure: PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian.

Sec. 12   RCW 28A.340.030 and 1990 c 33 s 368 are each amended to read as follows:
     (1) Eligible school districts desiring to form a cooperative project pursuant to RCW 28A.340.020 through 28A.340.070 shall submit to the superintendent of public instruction an application for review as a cooperative project. The application shall include, but not be limited to, the following information:
     (a) A description of the cooperative project, including the programs, services, and administrative activities that will be operated jointly;
     (b) The improvements in curriculum offerings and educational opportunities expected to result from the establishment of the proposed cooperative project;
     (c) A list of any statutory requirements or administrative rules which are considered financial disincentives to the establishment of cooperative projects and which would impede the operation of the proposed cooperative project; and the financial impact to the school districts and the state expected to result by the granting of a waiver from such statutory requirements or administrative rules;
     (d) An assessment of community support for the proposed cooperative project, which assessment shall include each community affected by the proposed cooperative project; and
     (e) A plan for evaluating the educational and cost-effectiveness of the proposed cooperative project, including curriculum offerings and staffing patterns.
     (2) The superintendent of public instruction shall review the application before the applicant school districts may commence the proposed cooperative project.
     (3)(a) In reviewing applications, the superintendent shall be limited to:
     (((a))) (i) The granting of waivers from statutory requirements, for which the superintendent of public instruction has the express power to implement pursuant to the adoption of rules, or administrative rules that need to be waived in order for the proposed cooperative project to be implemented: PROVIDED, That no statutory requirement or administrative rule dealing with health, safety, or civil rights may be waived and the minimum required annual instructional hour offerings under RCW 28A.150.220 shall not be waived; and
     (((b))) (ii) ensuring the technical accuracy of the application.
     (b) Any waiver granted by the superintendent of public instruction shall be reviewed and may be renewed by the superintendent every five years subject to the participating districts submitting a new application pursuant to this section.
     (((3))) (4) If additional eligible school districts wish to participate in an existing cooperative project the cooperative project as a whole shall reapply for review by the superintendent of public instruction.

Sec. 13   RCW 28A.400.300 and 2012 c 186 s 20 are each amended to read as follows:
     (1) Every board of directors, unless otherwise specially provided by law, shall:
     (a) Except as provided in subsection (3) of this section, employ for not more than one year, and for sufficient cause discharge all certificated and classified employees;
     (b) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:
     (i) For such persons under contract with the school district for a full year, at least ten days;
     (ii) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to ((one hundred eighty days)) the minimum required annual instructional hour offerings under RCW 28A.150.220;
     (iii) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;
     (iv) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;
     (v) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of ((one hundred eighty days)) the minimum required annual instructional hour offerings under RCW 28A.150.220 for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave;
     (vi) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;
     (vii) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490;
     (viii) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction, offices of educational service district superintendents and boards, the state school for the blind, the Washington state center for childhood deafness and hearing loss, institutions of higher education, and community and technical colleges, to and from such districts, schools, offices, institutions of higher education, and community and technical colleges;
     (ix) Leave accumulated by a person in a district prior to leaving said district may, under rules of the board, be granted to such person when the person returns to the employment of the district.
     (2) When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service.
     (3) Notwithstanding subsection (1)(a) of this section, discharges of certificated and classified employees in school districts that are dissolved due to financial insolvency shall be conducted in accordance with RCW 28A.315.229.

Sec. 14   RCW 28A.630.083 and 2011 c 260 s 5 are each amended to read as follows:
     (1)(a) The superintendent of public instruction and the state board of education, each within the scope of their statutory authority, may grant waivers of state statutes and administrative rules for designated innovation schools and innovation zones as follows:
     (i) Waivers may be granted under RCW 28A.655.180 and 28A.305.140;
     (ii) Waivers may be granted to permit the commingling of funds appropriated by the legislature on a categorical basis for such programs as, but not limited to, highly capable students, transitional bilingual instruction, and learning assistance; ((and))
     (iii) Waivers may be granted of other administrative rules that in the opinion of the superintendent of public instruction or the state board of education are necessary to be waived to implement an innovation school or innovation zone; and
     (iv) Waivers from the minimum required annual instructional hour offerings under RCW 28A.150.220 shall not be granted.
     (b) State administrative rules dealing with public health, safety, and civil rights, including accessibility for individuals with disabilities, may not be waived.
     (2) At the request of a school district, the superintendent of public instruction may petition the United States department of education or other federal agencies to waive federal regulations necessary to implement an innovation school or innovation zone.
     (3) The state board of education may grant waivers for innovation schools or innovation zones of administrative rules pertaining to calculation of course credits for high school courses.
     (4) Waivers may be granted under this section for a period not to exceed the duration of the designation of the innovation school or innovation zone.
     (5) The superintendent of public instruction and the state board of education shall provide an expedited review of requests for waivers for designated innovation schools and innovation zones. Requests may be denied if the superintendent of public instruction or the state board of education conclude that the waiver:
     (a) Is likely to result in a decrease in academic achievement in the innovation school or innovation zone;
     (b) Would jeopardize the receipt of state or federal funds that a school district would otherwise be eligible to receive, unless the school district submits a written authorization for the waiver acknowledging that receipt of these funds could be jeopardized; or
     (c) Would violate state or federal laws or rules that are not authorized to be waived.

NEW SECTION.  Sec. 15   RCW 28A.305.141 (Waiver from one hundred eighty-day school year requirement -- Criteria -- Recommendation to the legislature) and 2009 c 543 s 2 are each repealed.

NEW SECTION.  Sec. 16   Sections 8 and 14 of this act expire June 30, 2019.

NEW SECTION.  Sec. 17   Section 9 of this act takes effect June 30, 2019.

NEW SECTION.  Sec. 18   The sum of fifteen million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2015, from the general fund to the office of the superintendent of public instruction for the purposes of paying salaries of the STEM AP master teachers under section 3 of this act.