AN ACT Relating to basic education; amending RCW 28A.150.200; adding a new chapter to Title 28A RCW; and repealing RCW 28A.150.260.

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

NEW SECTION.  Sec. 1.  INTENT. The legislature intends to improve the education of children by enabling parents to independently determine which school best meets their child's educational needs and empowering parents to be able to send their child to their school of choice. The legislature further intends to support parental school choice by making state-funded vouchers a necessary component to fulfill the state's constitutional obligation under Article IX to amply fund a program of basic education. The legislature also intends to provide the legislature flexibility to determine the levels of K-12 funding in the omnibus appropriations act by repealing the prescriptive K-12 prototypical school funding model enacted in statute by chapter 236, Laws of 2010 (Substitute House Bill No. 2776). Furthermore, the legislature intends to continue to exercise its policy-making prerogative to change aspects of the basic education program and funding by repealing the four funding enhancements, also enacted by chapter 236, Laws of 2010 (Substitute House Bill No. 2776).

(1) "Eligible child" or "eligible student" means a person eligible to attend kindergarten or grades one through twelve in Washington state.

(2) "Eligible person" means a full-time student otherwise qualified who is attending any school for their education.

(3) "Private school" means an approved private school under chapter 28A.195 RCW.

(4) "Public school" means a public school as defined by RCW 28A.150.010.

(5) "Voucher" or "K-12 education voucher" is a payment of five thousand dollars to a child through his or her parent, which shall be considered basic education funding under Article IX of the state Constitution.

(6) "Voucher-redeeming school" means any public school including a public charter school and any approved private school, located within Washington.

(2) The K-12 education voucher for each eligible child shall be not less than five thousand dollars beginning in the 2015-16 school year and annually adjusted thereafter for inflation as specified in the omnibus appropriations act.

(3) To obtain a K-12 education voucher for his or her eligible child, a parent or guardian must apply to the office of the superintendent of public instruction by August 1st of each year.

(4) K-12 education vouchers are not taxable income of the child or the parent of the child receiving the K-12 education voucher. The parents of the child receiving a K-12 education voucher shall be free to choose any voucher-redeeming school, and this selection does not constitute a decision or act of the state or any of its subdivisions.

(5) After the parent designates the enrolling school to receive the K-12 education voucher funds, the office of the superintendent of public instruction shall disburse the K-12 education voucher funds in equal monthly amounts, directly to the school for the education of the child for which the K-12 education voucher is provided.

(6) Expenditures for K-12 education vouchers issued under this chapter count toward the minimum state funding requirements for basic education established under Article IX of the Washington state Constitution.

(7) For fiscal purposes, a child who receives a K-12 education voucher shall be deemed a resident of the school district in which the child is enrolled.

Sec. 6.  RCW 28A.150.200 and 2009 c 548 s 101 are each amended to read as follows:

(1) The program of basic education established under this chapter is deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex((," and is adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools))." The funding for the program of basic education shall be determined in the omnibus appropriations act.

(2) The legislature defines the program of basic education under this chapter as that which is necessary to provide the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to allow students to have the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip students for their role as productive citizens and includes the following:

(a) The instructional program of basic education the minimum components of which are described in RCW 28A.150.220;

(b) The program of education provided by chapter 28A.190 RCW for students in residential schools as defined by RCW 28A.190.020 and for juveniles in detention facilities as identified by RCW 28A.190.010;

(c) The program of education provided by chapter 28A.193 RCW for individuals under the age of eighteen who are incarcerated in adult correctional facilities; ((and))

(d) Transportation and transportation services to and from school for eligible students as provided under RCW 28A.160.150 through 28A.160.180; and

(e) Vouchers or K-12 education vouchers as defined in section 2 of this act, which shall support parental choice of schools for their child.

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