March 4, 20257917April 4, 20253712

I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1827 as passed by the House of Representatives and the Senate on the dates hereon set forth.

Chief Clerk

Secretary of State

State of Washington

SHB 1827.PLSUBSTITUTE HOUSE BILL 1827Passed Legislature2025 Regular Session69th Legislature2025 Regular SessionHouse Education (originally sponsored by Representatives Callan, McEntire, Doglio, Goodman, Eslick, and Leavitt)READ FIRST TIME 02/20/25.Concerning the effective delivery and administration of basic education services to justice-involved students. AN ACT Relating to the effective delivery and administration of basic education services to justice-involved students; amending RCW 28A.300.040, 28A.300.850, and 28A.190.150; and providing an expiration date. Sec. 1. RCW 28A.300.040 and 2023 c 303 s 3 are each amended to read as follows:Powers and duties.

In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

(1) To have supervision over all matters pertaining to the public schools of the state;

(2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools;

(3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents;

(4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, and of consulting educational service district superintendents or other school officials;

(5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be made available online and which shall be sold at approximate actual cost of publication and distribution per volume to public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine;

(6) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to;

(7) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager, or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct;

(8) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state;

(9) To issue certificates as provided by law;

(10) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education;

(11) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction;

(12) To administer oaths and affirmations in the discharge of the superintendent's official duties;

(13) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office;

(14) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025;

(15) To promote the adoption of school-based curricula and policies that provide quality, daily physical education for all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes;

(16) To perform all duties required by chapter 303, Laws of 2023 for the ensure the effective delivery and oversight administration of basic education services to justice-involved students under the age of 21 who are served through institutional education programs in facilities that are not under the jurisdiction of the department of social and health services or the department of corrections and to improve their educational outcomes, both as required by RCW 28A.190.150; and

(17) To perform such other duties as may be required by law.

2023 c 303 s 3; 2011 1st sp.s. c 43 s 302; 2009 c 556 s 10; 2006 c 263 s 104; 2005 c 360 s 6; 1999 c 348 s 6; 1992 c 198 s 6; 1991 c 116 s 2; 1990 c 33 s 251; 1982 c 160 s 2; 1981 c 249 s 1; 1977 c 75 s 17; 1975 1st ex.s. c 275 s 47; 1971 ex.s. c 100 s 1; 1969 ex.s. c 176 s 102; 1969 ex.s. c 223 s 28A.03.030. Prior: 1967 c 158 s 4; 1909 c 97 p 231 s 3; RRS s 4523; prior: 1907 c 240 s 1; 1903 c 104 s 9; 1901 c 177 s 5; 1901 c 41 s 1; 1899 c 142 s 4; 1897 c 118 s 22; 1891 c 127 ss 1, 2; 1890 pp 348-351 ss 3, 4; Code 1881 ss 3155-3160; 1873 p 419 ss 2-6; 1861 p 55 ss 2, 3, 4. Formerly RCW 28A.03.030, 28.03.030, 43.11.030. Findings—Intent—2023 c 303: See note following RCW 28A.190.150. Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003. Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Intent—2005 c 360: See note following RCW 36.70A.070. Intent—1999 c 348: See note following RCW 28A.205.010. Severability—1982 c 160: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 c 160 s 4.] Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010. Studies—1969 ex.s. c 283: "The superintendent of public instruction is directed to develop, prepare and make available information as follows:(1) A budgetary study of the fiscal impact which would result from payment to substitute teachers, who are on a continuing basis of twelve or more days within any calendar month, at a rate of pay commensurate with their training and experience and at a per diem salary in proportion to the salary for which that teacher would be eligible as a full time teacher;(2) A study showing the percentage of high school graduates who go on to an institution of higher education, including community colleges, the distribution of such students, and the percentage thereof which continue in higher education through the various grades or years thereof; and(3) A study of the fiscal impact of establishing one hundred and eighty days as the base salary period for all contracts with certificated employees." [1969 ex.s. c 283 s 8.] Severability—1969 ex.s. c 283: See note following RCW 28A.150.050. Sec. 2. RCW 28A.300.850 and 2023 c 303 s 4 are each amended to read as follows:Institutional education programs—Timeline and plan. (Expires June 30, 2027.)

(1)(a) The office of the superintendent of public instruction shall develop a timeline and plan for assuming, by September 1, 2027 2028, responsibility for the effective delivery and administration of basic education services to justice-involved students who are under the age of 21 and served through institutional education programs in facilities that are not under the jurisdiction of the department of social and health services or the department of corrections and improving their educational outcomes.

(b) The timeline and plan shall required by this section must consider:

(i) The findings and recommendations produced in accordance with section 2, chapter 303, Laws of 2023; recommendations

(ii) Recommendations provided in the December 1, 2022, improving institutional education outcomes final report of the office of the superintendent of public instruction and the department of children, youth, and families; staffing transitions for educators and staff that, as of July 23, 2023,

(iii) Educators and staff that deliver education programming and services to the justice-involved students; and legislation

(iv) Legislation enacted in 2024 and in subsequent years relating to the superintendent's requirements under RCW 28A.190.150.

(2) Beginning December 15, 2023, and annually thereafter through 2026 2027, the office of the superintendent of public instruction shall, in accordance with RCW 43.01.036, provide an interim report on progress made in achieving the requirements of this section to the governor and the education and fiscal committees of the legislature.

(3) In meeting the requirements of this section, the office of the superintendent of public instruction shall consult:

(a) Consult with organizations representing educators and staff that deliver those who deliver, support, and receive education programming and services to justice-involved students who are under the age of 21 and served through institutional education programs in facilities that are not under the jurisdiction of the department of social and health services or the department of corrections;

(b) Implement the research and analysis recommendations for the two service delivery and governance options identified in the final report required by section 2, chapter 303, Laws of 2023;

(c) Examine an additional service delivery and governance option that preserves the role of school districts in providing basic education services to justice-involved students, but includes additional state direction in furtherance of the recommendations referenced in subsection (1)(b)(ii) of this section and those provided in accordance with section 2, chapter 226, Laws of 2020;

(d) Describe how the office of the superintendent of public instruction will ensure the effective delivery and administration of basic education services to justice-involved students as required by RCW 28A.190.150; and

(e) Make recommendations for statutory or other changes needed to ensure proper oversight of the delivery and administration of basic education services to justice-involved students. Recommendations made in accordance with this subsection (e) must address comments and recommendations related to education delivery outcome and progress measurements provided by educators in accordance with this section.

(4) For the purposes of this section, "justice-involved students" has the same meaning as in RCW 28A.190.150.

(4) (5) This section expires June 30, 2027 2028.

2023 c 303 s 4. Findings—Intent—2023 c 303: See note following RCW 28A.190.150. Sec. 3. RCW 28A.190.150 and 2023 c 303 s 5 are each amended to read as follows:Institutional education—Delivery and oversight—Duty of superintendent of public instruction.

(1) Beginning September 1, 2027 2028, the superintendent of public instruction is responsible for the ensuring the effective delivery and oversight administration of basic education services to justice-involved students are who [who are] and improving the educational outcomes of those students.

(2) For the purposes of this section, "justice-involved students" means students who are under the age of 21, or as otherwise required by law, and served through institutional education programs in accordance with RCW 28A.150.200 in facilities that are not under the jurisdiction of the department of social and health services or the department of corrections.

(3) The office of the superintendent of public instruction shall adopt, and periodically revise as necessary, rules to implement this section.

2023 c 303 s 5. Findings—Intent—2023 c 303: "(1) The legislature finds that students who are served through institutional education programs are constitutionally entitled to full access to the state's statutory program of basic education and its promise of an opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Ensuring full access to a foundational education for these students is unquestionably in the best interest of the youth, their families, and society at large.(2) Legislative actions dedicated to improving the educational circumstances for students receiving services through institutional education programs have been enacted in recent years. In 2021, building upon the efforts of the task force on improving instructional education programs and outcomes established in the previous year, the legislature enacted numerous reforms intended to improve the provision of public education to youth in or released from secure juvenile justice facilities.(3) Among other requirements, the 2021 legislation directed the office of the superintendent of public instruction and the department of children, youth, and families to jointly develop recommendations for the establishment, implementation, and funding of a reformed institutional education system that successfully meets the education and support needs of persons in and released from secure settings. The recommendations were to be directed toward meeting the educational needs of persons who are in or have been released from state long-term juvenile institutions and community facilities operated by the department of children, youth, and families, county juvenile detention centers, and facilities of the department of corrections that incarcerate juveniles committed as adults.(4) The legislature finds that the office of the superintendent of public instruction and the department of children, youth, and families did not sufficiently address legislative directives for reform recommendations.(5) The legislature, recognizing the ongoing need for systemic reforms to the process by which basic education services are delivered and overseen in secure juvenile justice facilities, intends to initiate the process of assigning the superintendent of public instruction responsibility for the delivery and oversight of basic education services to justice-involved youth served through institutional education programs in facilities that are not under the jurisdiction of the department of social and health services or the department of corrections. The legislature directs that this new program must implement the state's educational duties and goals under RCW 28A.150.210 in a way that better serves the needs of these students.(6) In centralizing both delivery and oversight of these educational services with the superintendent, the legislature intends to decisively address essential governance, oversight and accountability, and continuity of education reforms. The legislature intends these reforms to recognize, support, and fully fund the unique educational needs of youth who receive education in these settings. Most importantly, however, the legislature intends for these reforms to provide these students with the opportunity to access the education and supports needed to make life-changing, and life-improving, academic progress." [2023 c 303 s 1.]