S-0761.1

SENATE BILL 5562


State of Washington	65th Legislature	2017 Regular Session

By Senator Fortunato

Read first time 01/27/17. Referred to Committee on Early Learning & K-12 Education.

AN ACT Relating to providing flexibility to school districts by authorizing school district waivers; amending RCW 28A.405.060, 41.56.906, and 41.59.935; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 28A.160 RCW; adding a new section to chapter 28A.165 RCW; adding a new section to chapter 28A.170 RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.180 RCW; adding a new section to chapter 28A.185 RCW; adding a new section to chapter 28A.188 RCW; adding a new section to chapter 28A.190 RCW; adding a new section to chapter 28A.193 RCW; adding a new section to chapter 28A.194 RCW; adding a new section to chapter 28A.205 RCW; adding a new section to chapter 28A.210 RCW; adding a new section to chapter 28A.215 RCW; adding a new section to chapter 28A.220 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.232 RCW; adding a new section to chapter 28A.235 RCW; adding a new section to chapter 28A.245 RCW; adding a new section to chapter 28A.250 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.310 RCW; adding a new section to chapter 28A.315 RCW; adding a new section to chapter 28A.323 RCW; adding a new section to chapter 28A.325 RCW; adding a new section to chapter 28A.330 RCW; adding a new section to chapter 28A.335 RCW; adding a new section to chapter 28A.340 RCW; adding a new section to chapter 28A.343 RCW; adding a new section to chapter 28A.345 RCW; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.415 RCW; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 28A.505 RCW; adding a new section to chapter 28A.510 RCW; adding a new section to chapter 28A.515 RCW; adding a new section to chapter 28A.520 RCW; adding a new section to chapter 28A.525 RCW; adding a new section to chapter 28A.527 RCW; adding a new section to chapter 28A.530 RCW; adding a new section to chapter 28A.535 RCW; adding a new section to chapter 28A.540 RCW; adding a new section to chapter 28A.545 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.604 RCW; adding a new section to chapter 28A.605 RCW; adding a new section to chapter 28A.620 RCW; adding a new section to chapter 28A.623 RCW; adding a new section to chapter 28A.625 RCW; adding a new section to chapter 28A.630 RCW; adding a new section to chapter 28A.635 RCW; adding a new section to chapter 28A.640 RCW; adding a new section to chapter 28A.642 RCW; adding a new section to chapter 28A.645 RCW; adding a new section to chapter 28A.650 RCW; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.657 RCW; adding a new section to chapter 28A.660 RCW; adding a new section to chapter 28A.690 RCW; adding a new section to chapter 28A.700 RCW; adding a new section to chapter 28A.705 RCW; adding a new section to chapter 28A.710 RCW; adding a new section to chapter 28A.715 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. Increasing demands are being placed on schools. It is important that schools are provided the flexibility to determine how best to work with their local communities. It is the intent of the legislature to provide schools increased flexibility, which will assist them in better meeting the needs of their students.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

(1) As specifically provided in chapters in this title, the board of directors of each school district may grant waivers, or partial waivers, of state laws and rules to schools within the district. The school board shall grant waivers in accordance with this section.

(2) To apply for waivers, a school principal must prepare an application to the board of directors that identifies which laws and rules are being requested for waiver and the rationale for the request. The rationale must identify how granting the waivers will improve student learning or the delivery of education services in the school.

(3) The school board shall provide for public review and comment regarding the waiver request.

(4) The duration, renewal, and rescission of the waivers must be determined by the school district board of directors.

(5) The following may not be waived:

(a) Compliance with local, state, and federal health, safety, parents' rights, civil rights, and nondiscrimination laws;

(b) Provision of a program of basic education, that meets the goals in RCW 28A.150.210;

(c) Employment of certificated instructional staff as required in RCW 28A.410.025. However, school districts may hire noncertificated instructional staff of unusual competence and in exceptional cases as specified in RCW 28A.150.203(7);

(d) Compliance with the employee record check requirements in RCW 28A.400.303;

(e) Adherence to generally accepted accounting principles and be subject to financial examinations and audits as determined by the state auditor, including annual audits for legal and fiscal compliance;

(f) Compliance with the annual performance report under RCW 28A.655.110;

(g) Compliance with the open public meetings act in chapter 42.30 RCW and public records requirements in chapter 42.56 RCW; and

(h) Compliance with state constitutional provisions, including that a school may not engage in any sectarian practices in its educational program, admissions, employment policies, or operations.

(6) A school district may not include provisions in a collective bargaining agreement that limit the district's authority to grant waivers under this section.

(7) School district boards of directors granting waivers to state laws and rules shall submit to the superintendent of public instruction and the state board of education a list of laws and rules that have been waived in accordance with this section.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.150 RCW to read as follows:

Schools may obtain, in accordance with section 2 of this act, waivers from the statutory requirements in this chapter. Waivers also may be obtained, in accordance with section 2 of this act, from any rules of the state board of education and the superintendent of public instruction adopted to implement the statutory requirements.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.155 RCW to read as follows:

NEW SECTION. Sec. 5. A new section is added to chapter 28A.160 RCW to read as follows:

NEW SECTION. Sec. 6. A new section is added to chapter 28A.165 RCW to read as follows:

NEW SECTION. Sec. 7. A new section is added to chapter 28A.170 RCW to read as follows:

NEW SECTION. Sec. 8. A new section is added to chapter 28A.175 RCW to read as follows:

NEW SECTION. Sec. 9. A new section is added to chapter 28A.180 RCW to read as follows:

NEW SECTION. Sec. 10. A new section is added to chapter 28A.185 RCW to read as follows:

NEW SECTION. Sec. 11. A new section is added to chapter 28A.188 RCW to read as follows:

NEW SECTION. Sec. 12. A new section is added to chapter 28A.190 RCW to read as follows:

NEW SECTION. Sec. 13. A new section is added to chapter 28A.193 RCW to read as follows:

NEW SECTION. Sec. 14. A new section is added to chapter 28A.194 RCW to read as follows:

NEW SECTION. Sec. 15. A new section is added to chapter 28A.205 RCW to read as follows:

NEW SECTION. Sec. 16. A new section is added to chapter 28A.210 RCW to read as follows:

NEW SECTION. Sec. 17. A new section is added to chapter 28A.215 RCW to read as follows:

NEW SECTION. Sec. 18. A new section is added to chapter 28A.220 RCW to read as follows:

NEW SECTION. Sec. 19. A new section is added to chapter 28A.225 RCW to read as follows:

NEW SECTION. Sec. 20. A new section is added to chapter 28A.230 RCW to read as follows:

NEW SECTION. Sec. 21. A new section is added to chapter 28A.232 RCW to read as follows:

NEW SECTION. Sec. 22. A new section is added to chapter 28A.235 RCW to read as follows:

NEW SECTION. Sec. 23. A new section is added to chapter 28A.245 RCW to read as follows:

NEW SECTION. Sec. 24. A new section is added to chapter 28A.250 RCW to read as follows:

NEW SECTION. Sec. 25. A new section is added to chapter 28A.300 RCW to read as follows:

NEW SECTION. Sec. 26. A new section is added to chapter 28A.305 RCW to read as follows:

NEW SECTION. Sec. 27. A new section is added to chapter 28A.310 RCW to read as follows:

NEW SECTION. Sec. 28. A new section is added to chapter 28A.315 RCW to read as follows:

NEW SECTION. Sec. 29. A new section is added to chapter 28A.320 RCW to read as follows:

NEW SECTION. Sec. 30. A new section is added to chapter 28A.323 RCW to read as follows:

NEW SECTION. Sec. 31. A new section is added to chapter 28A.325 RCW to read as follows:

NEW SECTION. Sec. 32. A new section is added to chapter 28A.330 RCW to read as follows:

NEW SECTION. Sec. 33. A new section is added to chapter 28A.335 RCW to read as follows:

NEW SECTION. Sec. 34. A new section is added to chapter 28A.340 RCW to read as follows:

NEW SECTION. Sec. 35. A new section is added to chapter 28A.343 RCW to read as follows:

NEW SECTION. Sec. 36. A new section is added to chapter 28A.345 RCW to read as follows:

NEW SECTION. Sec. 37. A new section is added to chapter 28A.400 RCW to read as follows:

NEW SECTION. Sec. 38. A new section is added to chapter 28A.405 RCW to read as follows:

NEW SECTION. Sec. 39. A new section is added to chapter 28A.410 RCW to read as follows:

NEW SECTION. Sec. 40. A new section is added to chapter 28A.415 RCW to read as follows:

NEW SECTION. Sec. 41. A new section is added to chapter 28A.500 RCW to read as follows:

NEW SECTION. Sec. 42. A new section is added to chapter 28A.505 RCW to read as follows:

NEW SECTION. Sec. 43. A new section is added to chapter 28A.510 RCW to read as follows:

NEW SECTION. Sec. 44. A new section is added to chapter 28A.515 RCW to read as follows:

NEW SECTION. Sec. 45. A new section is added to chapter 28A.520 RCW to read as follows:

NEW SECTION. Sec. 46. A new section is added to chapter 28A.525 RCW to read as follows:

NEW SECTION. Sec. 47. A new section is added to chapter 28A.527 RCW to read as follows:

NEW SECTION. Sec. 48. A new section is added to chapter 28A.530 RCW to read as follows:

NEW SECTION. Sec. 49. A new section is added to chapter 28A.535 RCW to read as follows:

NEW SECTION. Sec. 50. A new section is added to chapter 28A.540 RCW to read as follows:

NEW SECTION. Sec. 51. A new section is added to chapter 28A.545 RCW to read as follows:

NEW SECTION. Sec. 52. A new section is added to chapter 28A.600 RCW to read as follows:

NEW SECTION. Sec. 53. A new section is added to chapter 28A.604 RCW to read as follows:

NEW SECTION. Sec. 54. A new section is added to chapter 28A.605 RCW to read as follows:

NEW SECTION. Sec. 55. A new section is added to chapter 28A.620 RCW to read as follows:

NEW SECTION. Sec. 56. A new section is added to chapter 28A.623 RCW to read as follows:

NEW SECTION. Sec. 57. A new section is added to chapter 28A.625 RCW to read as follows:

NEW SECTION. Sec. 58. A new section is added to chapter 28A.630 RCW to read as follows:

NEW SECTION. Sec. 59. A new section is added to chapter 28A.635 RCW to read as follows:

NEW SECTION. Sec. 60. A new section is added to chapter 28A.640 RCW to read as follows:

NEW SECTION. Sec. 61. A new section is added to chapter 28A.642 RCW to read as follows:

NEW SECTION. Sec. 62. A new section is added to chapter 28A.645 RCW to read as follows:

NEW SECTION. Sec. 63. A new section is added to chapter 28A.650 RCW to read as follows:

NEW SECTION. Sec. 64. A new section is added to chapter 28A.655 RCW to read as follows:

NEW SECTION. Sec. 65. A new section is added to chapter 28A.657 RCW to read as follows:

NEW SECTION. Sec. 66. A new section is added to chapter 28A.660 RCW to read as follows:

NEW SECTION. Sec. 67. A new section is added to chapter 28A.690 RCW to read as follows:

NEW SECTION. Sec. 68. A new section is added to chapter 28A.700 RCW to read as follows:

NEW SECTION. Sec. 69. A new section is added to chapter 28A.705 RCW to read as follows:

NEW SECTION. Sec. 70. A new section is added to chapter 28A.710 RCW to read as follows:

NEW SECTION. Sec. 71. A new section is added to chapter 28A.715 RCW to read as follows:

Sec. 72. RCW 28A.405.060 and 1975 1st ex.s. c 275 s 132 are each amended to read as follows:

(1) Except as specifically provided in chapters in this title, certificated employees shall faithfully enforce in the common schools the course of study and regulations prescribed, whether regulations of the district, the superintendent of public instruction, or the state board of education, and shall furnish promptly all information relating to the common schools which may be requested by the educational service district superintendent.

(2) Any certificated employee who willfully refuses or neglects to enforce the course of study or the rules and regulations as above in this section required, shall not be allowed by the directors any warrant for salary due until said person shall have complied with said requirements.

Sec. 73. RCW 41.56.906 and 2009 c 396 s 11 are each amended to read as follows:

Nothing in this chapter may be construed to grant school district employers or classified school district employees the right to reach agreements that ((are in conflict with the termination provisions of RCW 28A.400.320)) limit a school district employer's authority to grant waivers under section 2 of this act.

Sec. 74. RCW 41.59.935 and 1990 c 33 s 571 are each amended to read as follows:

Nothing in this chapter shall be construed to grant employers or employees the right to reach agreements regarding:

(1) Salary or compensation increases in excess of those authorized in accordance with RCW 28A.150.410 and 28A.400.200; or

(2) Limiting an employer's authority to grant waivers under section 2 of this act.

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