AN ACT Relating to basic education; and amending RCW 28A.41.140.

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

Sec. 1. Section 14, chapter 244, Laws of 1969 ex. sess. as last amended by section 1, chapter 229, Laws of 1983 and RCW 28A.41.140 are each amended to read as follows:

The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:

The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following ((~~costs among the various districts within the state:~~

~~(1) Certificated staff and their related costs;~~

~~(2) Classified staff and their related costs;~~

~~(3) Nonsalary costs;~~

~~(4) Extraordinary costs of remote and necessary schools and small high schools; and~~

~~(5) The attendance of students pursuant to RCW 28A.58.075 and 28A.58.245, each as now or hereafter amended, who do not reside within the servicing school district~~)):

(1) The intent of the basic education obligation is to clearly establish the state's obligation is under the state Constitution, and to define a floor of support which represents the legislature's definition of a general and uniform system of public schools. All school districts of the state are entitled to receive funds as enumerated in the distribution formula for basic education, as appropriated by the legislature, to provide this basic education floor of support program. Such support fulfills the requirements of Article IX, section 1 and Article IX, section 2, of the state Constitution.

(2) The distribution formula shall recognize the following costs using clearly understandable formulas:

(a) Certified staff and related costs;

(b) Classified staff and related costs;

(d) Remote and necessary schools and small high schools;

(e) Attendance of students not residing in servicing school districts;

(f) Transportation; and

(g) Inservice costs related to basic education.

Inservice funding shall be equal to at least one percent of basic education funds allocated to school districts.

Funding of the distribution formula for basic education, as appropriated by the legislature, constitutes ample provision of basic education for a general and uniform system of public school education.

(3) In addition to basic education, there is hereby established a second category of programs supplemental to basic education that are statutorily required, but are not a part of the basic education definition. Such required supplemental programs must be funded by the legislature according to clearly understood formulas developed by the legislature. Districts are required to provide these supplemental programs only to the extent such programs are funded by the legislature. These programs include:

(a) Handicapped;

(b) Transportation beyond that necessary for the basic education portion;

(d) Remediation assistance;

(e) Gifted or highly capable;

(f) Early childhood;

(g) Vocational technical institutes; and

(h) Institutional education.

(4) Unless identified under subsection (3) of this section, all other programs shall be funded under a third category under the discretion of the legislature.

This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. Commencing with the 1980-81 school year, the formula adopted by the legislature shall reflect a ratio of not less than fifty certificated personnel to one thousand annual average full time equivalent students and one classified person to three certificated personnel. In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.58.754. The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.41.145, as now or hereafter amended, enrolled on the first school day of each month. The definition of full time equivalent student shall be determined by rules and regulations of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.

Certificated staff shall include those persons employed by a school district in a teaching, instructional, educational staff associate, learning resources specialist, administrative or supervisory capacity and who hold positions as certificated employees as defined under RCW 28A.01.130, as now or hereafter amended, and every school district superintendent, and any person hired in any manner to fill a position designated as, or which is in fact, that of deputy superintendent or assistant superintendent: PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such noncertificated people shall not occur during a labor dispute and such noncertificated people shall not be hired to replace certificated employees during a labor dispute. Each annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty-five hours per week. Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Up to two hundred minutes per week may be deducted from the twenty-five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent-guardian conferences, recess, passing time between classes, and informal instructional activity. Implementing rules to be adopted by the state board of education pursuant to RCW 28A.58.754(6) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration. Additional record-keeping by classroom teachers as a means of accounting for contact hours shall not be required.