S-331                 _______________________________________________

 

                                                   SENATE BILL NO. 3232

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Kiskaddon and Metcalf

 

 

Read first time 1/22/85 and referred to Committee on Education.

 

 


AN ACT Relating to the common schools; amending RCW 28A.41.130, 28A.58.090, and 28A.04.120; adding a new section to chapter 28A.03 RCW; adding new sections to chapter 28A.58 RCW; adding new sections to chapter 41.59 RCW; adding a new section to chapter 84.52 RCW; creating new sections; repealing RCW 28A.02.080, 28A.04.133, 28A.05.010, 28A.05.030, 28A.05.040, 28A.05.050, 28A.26.010, 28A.26.020, 28A.26.030, 28A.26.040, 28A.26.050, 28A.26.060, 28A.26.900, 28A.41.140, 28A.41.250, 28A.41.270, 28A.41.280, 28A.41.290, 28A.41.400, 28A.41.402, 28A.41.404, 28A.41.406, 28A.41.408, 28A.41.410, 28A.41.412, 28A.41.414, 28A.58.095, 28A.58.099, 28A.58.245, 28A.58.750, 28A.58.752, 28A.58.754, 28A.58.758, 28A.58.760, 28A.58.800, 28A.58.801, 28A.58.802, 28A.58.804, 28A.58.806, 28A.58.808, 28A.58.809, 28A.58.810, 28A.60.350, 28A.67.065, 28A.67.070, 28A.91.100, 28A.91.110, 28A.91.120, 28A.91.130, 28A.91.900, 41.59.010, 41.59.020, 41.59.060, 41.59.070, 41.59.080, 41.59.090, 41.59.100, 41.59.110, 41.59.120, 41.59.130, 41.59.140, 41.59.150, 41.59.160, 41.59.170, 41.59.180, 41.59.900, 41.59.910, 41.59.920, 41.59.930, 41.59.940, 41.59.950, 46.81.070, 46.81.900, 84.52.053, and 84.52.0531; making appropriations; and providing an effective date.

 

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

 

          NEW SECTION.  Sec. 1.     This act shall be known and cited as "The Washington State Education Act of 1985".  It shall be the intent and purpose of the legislature to return control over the operation of local education programs to the local school districts and replace state mandated programs and procedures with state-level goals and guidelines.

          The legislature finds that excellence in education can be defined as allowing every student the opportunity to learn to his or her maximum potential.  A key to obtaining excellence is a relationship of mutual respect between teacher and student.  Under Article IX, section 1 of the state Constitution, the legislature believes that all children in the state deserve equal opportunities to attend effective educational programs designed to motivate and encourage all children to achieve excellence throughout their course of education from  preschool through college and through vocational preparation.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 28A.58 RCW to read as follows:

          Commencing with the 1987-1988 school year, Washington state's basic education program shall consist of:  (1) Those basic education goals and definitions set forth in sections 3 and 4 of this act; (2) requirements for local school district implementation, review, and compliance evaluation of basic education goals set forth in RCW 28A.58.090; and (3) the state's financial commitment as defined in RCW 28A.41.130.  School districts are encouraged to initiate their programs as soon as possible.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 28A.58 RCW to read as follows:

          The legislature declares its intent to encourage improvement of Washington's public school system to ensure that all public schools can respond in a timely and effective manner to the educational, personal, and career needs of every pupil.

          The legislature is committed to the belief that the goals of basic education for the schools of the state of Washington shall be:

          (1) To recognize that each student is a unique human being, with particular needs, abilities, and limitations, to be encouraged and assisted to learn, grow, and develop in his or her own manner to become a contributing and responsible member of society;

          (2) To assure that all students continually achieve academic proficiency, commensurate with their unique capabilities, in the essential areas of skill and knowledge, including but not limited to mathematics; the use of the English language, including reading, writing, speaking, and listening; and to perform intellectual functions such as problem solving, decision-making, goal setting, selecting, planning, predicting, experimenting, ordering, evaluating, critical thinking, and independent judgment;

          (3) To provide students appropriate and meaningful opportunities to develop skills, knowledge, awareness, and appreciations in a wide variety of other aspects of the curriculum, such as arts and humanities; foreign languages; physical, natural, and social sciences; physical, mental, and emotional health; consumer economics; career education; multicultural education; home management; parenting; and participatory government;

          (4) To provide a range of alternatives in instructional settings and formats to adequately and appropriately respond to the different ways research has shown that individual students learn;

          (5) To offer students the opportunity to become adults who have developed senses of:

          (a) Responsibility‑-one's personal and social accountability;

          (b) Respect‑-the esteem of both self and others;

          (c) Resourcefulness‑-pursuing the creative use of one's innate talents and skills and to strive for successful relationships with family, coworkers, and society; and

          (d) Responsiveness‑-having concern for and cooperation with others;

          (6) To maintain, by means which cause no physical or mental harm to anyone, orderly and efficient school campuses which encourage positive attitudes among students and high morale and high quality teaching from teachers;

          (7) To involve parents and community members in a broad range of activities at each school, recognizing the vital role parental attitudes and values have in children's education; and

          (8) To maintain a school-wide process for the involvement of parents, principals, teachers, other school personnel, students, and members of the community in the development of school improvement plans.

          The legislature intends to support the efforts of each school to improve instruction, auxiliary services, school environment, and school organization to meet the needs of all pupils at each school.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 28A.58 RCW to read as follows:

          It is the legislature's belief that teachers, principals and other school administrators, parents, students, school district personnel, school board members, and members of the community, utilizing the results of continuing research on effective education, can best identify the educational goals, needs, and conditions of the community and develop and implement a basic education program that will provide excellence.  Therefore, the legislature declares that the basic education program shall be the course of study developed by the individual local school districts to fulfill the goals of basic education as set forth in section 3 of this act.  The legislature believes that any subject could be a viable component of a program of basic education to achieve the goals in section 3 of this act and intends that any school district shall not be prevented from considering any subject for inclusion in its basic education program.

          The legislature also declares that school districts shall develop policies which will contribute toward enhancing the self-esteem of all persons in the local school system.  School districts shall provide access to the basic education program to all students who are five years of age and less than twenty-one years of age.

          The legislature encourages school districts to implement management systems which foster community and neighborhood control of education.

 

        Sec. 5.  Section 2, chapter 46, Laws of 1973 as last amended by section 30, chapter 3, Laws of 1983 and RCW 28A.41.130 are each amended to read as follows:

          The legislature intends to provide adequate state monetary support to enable school districts to provide students with an opportunity for a basic education under sections 3 and 4 of this 1985 act.

          From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.48.010 to each school district of the state ((operating a program approved by the state board of education)) an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.02.300 and 28A.02.310, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one full school year of one hundred eighty days of six scheduled contact hours per day, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.58.754, as now or hereafter amended.

          Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to ((RCW 28A.41.130 and 28A.41.140)) this section to fund those ((program)) requirements identified in ((RCW 28A.58.754)) sections 3 and 4 of this 1985 act and RCW 28A.58.090 in accordance with the formula ((and ratios provided in RCW 28A.41.140)).  Local funds shall be used for enrichment programs and for programs requiring the use of nondistrict personnel.

          ((Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher in grades four and above for such district:  PROVIDED, That for the purposes of this section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate, but not necessarily employed as a certificated employee, whose primary duty is the daily educational instruction of students:  PROVIDED FURTHER, That the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, and such rules and regulations shall allow for exemptions for those special programs and/or school districts which may be deemed unable to practicably meet the student/teacher ratio requirements of this section by virtue of a small number of students:  PROVIDED, FURTHER, That these rules and regulations shall provide that any district that has a ratio of no greater than twenty-five students per classroom teacher in grades kindergarten through three shall be in conformance with this section.

          If a school district's basic education program fails to meet the basic education requirements enumerated in RCW 28A.41.130, 28A.41.140 and 28A.58.754, the state board of education shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education allocation until program compliance is assured:  PROVIDED,  That the state board of education may waive this requirement in the event of substantial lack of classroom space.

          This section shall be effective September 1, 1982.))  Commencing with the ... school year, the legislature shall appropriate at least .......... dollars per full time equivalent student.  This amount shall be adjusted annually thereafter to take into account increased costs of living.  This amount 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 requirements identified in sections 3 and 4 of this 1985 act and RCW 28A.58.090.  The enrollment of any district shall be the annual average number of full time equivalent students and part time students enrolled on the first school day of each month.  The definition of full time equivalent student shall be determined by the superintendent of public instruction by rule.  The definition shall be included as part of the superintendent's biennial budget request.  Any revision of the present definition shall not take effect until approved by the ways and means committees of the house of representatives and the senate.  The office of financial management shall make a monthly review of the superintendent of public instruction's report of full time equivalent students in the common schools in conjunction with RCW 43.62.050.

          The state's commitment to fully fund basic education shall be considered to be met by those amounts of dollars appropriated by the legislature.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 28A.58 RCW to read as follows:

          It is the legislature's belief that the goals of basic education as set forth in section 3 of this act are most easily obtained when children are not placed into particular groups due to certain conditions or circumstances.  Effective research has shown ways to integrate urban, rural, racial, and disadvantaged programs, and  transitional bilingual instruction and remediation assistance programs into the regular basic education program.  Therefore, each school district, in compliance with the goals of basic education under section 3 of this act, shall determine how to meet, through the basic education program, the needs of all children presently enrolled in urban, rural, racial, and disadvantaged programs, transitional bilingual instruction programs, and remediation assistance programs and implement such strategies as will comply with this section.

          Commencing with the 1990-91 school year, all districts shall include in their basic education programs necessary courses to meet the needs of children presently enrolled in the special programs previously mentioned in this section:  PROVIDED, That when urban, rural, racial, and disadvantaged education programs, remediation assistance programs, and transitional bilingual instruction programs are no longer mandated under state law, the state shall continue to fund any of such programs offered by a school district:  PROVIDED FURTHER, That funds for such programs shall be allocated in the same manner as the superintendent of public instruction distributes federal block grant moneys to the school districts:  PROVIDED FURTHER, That such funding shall terminate upon commencement of the 1990-91 school year.

 

          NEW SECTION.  Sec. 7.  A new section is added to chapter 84.52 RCW to read as follows:

          Subject to the provisions of Article VII of the state Constitution and any other state constitutional prohibitions, school districts shall be authorized to raise additional funds in any manner, including special levy assessments, to be used for any educational purpose.

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 28A.03 RCW to read as follows:

          (1) It shall be the primary duty of the state board of education and the superintendent of public instruction to support and facilitate the local districts in their provision of basic education.

          (2) The state board of education and the superintendent of public instruction shall help create a communication system between all school districts and all educational service districts to encourage the free flow of information and the development of model basic education programs to aid districts in the preparation of their local education systems.

          (3) The state board of education and the superintendent of public instruction shall assist and support local school districts by providing technical assistance services and serving as information clearinghouses.

          (4) The state board of education and the superintendent of public instruction shall, upon request, assist districts and schools to design, implement, or evaluate basic education programs authorized under sections 3 and 4 of this act.

          (5) The superintendent of public instruction shall conduct educational research appropriate to fulfilling its role as a clearinghouse of educational information for the state.

          (6) The superintendent of public instruction shall be responsible for conducting appropriate and necessary program monitoring to assure state compliance with federal guidelines for receiving federal allocations for educational purposes.

 

          NEW SECTION.  Sec. 9.  A new section is added to chapter 28A.58 RCW to read as follows:

          (1) It is the intent and purpose of this section to guarantee that each school district board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper operation of their district to the local community and its electorate.  Each school district board of directors has the final responsibility for the setting of policies ensuring quality in the content and extent of its basic education program and that such program provides all students in the district, to the limit of their individual abilities, with the opportunity to achieve those skills associated with the goals of basic education under section 3 of this act.

          (2) It is the minimum responsibility of each school district board of directors, acting through its respective administrative staff to:

          (a) Develop and implement, with the cooperation and agreement of the employees involved, a process to assure competency under section 10 of this act;

          (b) Establish final curriculum standards for the basic education program, including graduation requirements, relevant to the particular needs of district students or the unusual characteristics of the district, and ensure the provision of a quality basic education for each student in the district irrespective of differences in individual student abilities and capabilities.

          (c) Create an educational accountability advisory committee which shall monitor the district's basic education program, report to the board of directors and the local school district superintendent on how well the district's educational goals are being met through the basic education program and recommend improvements or alterations to the district's basic education program.  The board of directors shall establish procedures to select committee members, including provisions to consider persons who wish to volunteer to serve on the committee, and determine length of terms:  PROVIDED, That a majority shall be citizen members whose interests in the local education system are broadly representative of the community.

          (d) Develop and implement discipline systems that promote dignity and respect for teachers, students, school administrators, and other school personnel, which assure orderly classrooms and a positive learning environment for all students, and which contributes toward the goal of allowing teachers to devote ninety-five percent of their classroom time and energy to instructional duties and responsibilities.  No discipline system may be implemented which permits or condones the suffering of physical or mental harm by any person.  Districts may request assistance from the superintendent of public instruction in developing their discipline programs.

          (e) Develop and implement negotiation processes to carry out section 10 of this act.

          (3) Districts may establish cooperative arrangements with other districts.

 

          NEW SECTION.  Sec. 10.  A new section is added to chapter 28A.58 RCW to read as follows:

          It is the legislature's belief that to achieve the goals of basic education, as set forth in section 3 of this act, the competency of all educational personnel is essential and that such competency be maintained throughout their careers.

          The legislature further believes that teachers, principals and other school administrators, parents, students, school district personnel, school board members, and members of the community can best determine how to assure competency in their school district.  Therefore, the legislature declares that each school district shall develop a process to determine the competency of school employees.  Such process shall fulfill the following minimum goals:

          (1) All persons involved shall be treated with dignity and respect;

          (2) The process shall not lessen the self-esteem of employees;

          (3) Competency of employees shall be established at the time of hiring;

          (4) Self-evaluation shall be used in the process as much as possible;

          (5) Remaining competent shall be the clear responsibility of each employee;

          (6) The process shall include mechanisms for early identification of employees who are at risk of performing their duties at an unacceptable level and help them reestablish their ability to perform with competence; and

          (7) All parties involved shall mutually agree to the process that is developed.

 

        Sec. 11.  Section 1, chapter 90, Laws of 1975-'76 2nd ex. sess. as last amended by section 3, chapter 278, Laws of 1984 and RCW 28A.58.090 are each amended to read as follows:

          Every school district board of directors, being accountable to the citizens within its district as to the education offered to the students therein, shall, based on the timeline established by the superintendent of public instruction, develop and implement a program identifying student learning objectives for their district ((in all courses of study included in the school district programs.  The)) to accomplish the basic education goals of section 3 of this 1985 act.  Each school district must evidence community participation in defining the objectives of ((such a)) the program((.  The)) and in evaluating the achievement of the objectives.  Every program of student learning objectives shall be designed to enable students to achieve the basic education goals within twelve years of schooling.  The programs shall assure that the district's resources in the educational program, such as money, facilities, time, materials and personnel, are used so as to provide both economies in management and operation, and quality education in all subject areas and courses.  The learning objectives shall be measurable as to the actual student attainment; student attainment shall be locally assessed annually and the student learning objectives program shall be reviewed at least every two years.  In developing and reviewing the learning objectives, districts shall give specific attention to improving the depth of course content within courses and in coordinating the sequence in which subject matter is presented.

          The superintendent of public instruction  shall review implementation of the learning objectives law biennially and shall submit a report of such review to the legislature on or before January 1 of each odd-numbered year.

          ((The state board of education shall examine the programs in each school district in the state for reasons of program approval as required in accordance with RCW 28A.41.130, as now or hereafter amended.))

          School districts may obtain assistance in carrying out their duties under this section from the educational service district of which they are a part.

 

          NEW SECTION.  Sec. 12.  A new section is added to chapter 28A.58 RCW to read as follows:

          Citizens dissatisfied with the implementation of the basic education program in the school district in which they reside may petition the state board of education to review the school district program to determine whether the district's program is in compliance with sections 3 and 4 of this act, and this title and to withhold basic education entitlements until such compliance is reached.

          Such petition, the signatures thereon to be sent to the secretary of state for validation, must include the signatures of legal voters of the district equal in number to or exceeding four percent of the whole number of voters registering and voting in such school district for the office of governor at the regular gubernatorial election last preceding, before the state board may act thereon.  The state board of education shall develop procedures to implement the purposes of this section.

 

          NEW SECTION.  Sec. 13.    (1) The board of directors of every school district is directed to conduct a study to identify how to implement the provisions of the Washington state education act of 1985.  The board of directors shall involve members of the community in conducting the study.

          (2) The study shall include but not be limited to an examination of how to provide a learning environment that promotes excellence and to examine how relationships between the board of directors, school district and building staff and administrators, parents, students, and the community at-large can encourage and support excellence.

 

          NEW SECTION.  Sec. 14.    The legislature believes that orderly, cooperative methods of communication and negotiation procedures between the school board, school district employees, and the community are necessary to fulfill the goals of education as set forth in section 3 of this act.  It is the purpose of this chapter to strengthen methods of administering employer-employee relations and negotiations.

 

          NEW SECTION.  Sec. 15.    It is the legislature's belief that teachers, principals and other school administrators, parents, students, school district personnel, school board members, and members of the community can best determine the negotiation processes that will meet the needs of the local district.  Therefore, the legislature declares that each school district shall develop negotiation processes and procedures to fulfill the following minimum goals:

          (1) All persons involved shall be treated with dignity and respect;

          (2) All persons involved shall be included in the decision-making process either directly or by persons elected to represent the employer and/or employees;

          (3) All agreements shall meet the goals of education as set forth in section 3 of this act;

          (4) Agreements can be negotiated in a timely manner;

          (5) The negotiation procedures developed and adopted shall clearly define employer and employee responsibilities;

          (6) All parties involved shall mutually agree to the negotiation process that is developed; and

          (7) The methods of negotiation developed and adopted may  be included in the district's basic education curriculum to teach students about methods and processes of negotiation which promote respect and cooperation among the respective parties.

 

          NEW SECTION.  Sec. 16.    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Employee organization" means any organization, union, unit, association, agency, committee, council, or group of any kind, which includes as members certificated or classified employees of a school district or both, and which exists for the  purpose, in whole or in part, of representing the employees in their negotiations with the school district.

          (2) "Negotiation" means the performance of the mutual obligation of the representatives of the employer and the exclusive negotiating representative to meet at reasonable times, given the time limitations of the budget-making process, to discuss and negotiate in good faith in an effort to reach agreement with respect to any subject that affects the operation of the school district.

          (3) "Certificated employee" means any employee, including principals and vice principals of a school district, who is required by statute, rule of the state board of education, or written policy of the school district to possess a professional education permit, certificate, or credential, issued by the superintendent of public instruction as a condition to employment, with the exception of the chief administrative officer of each local school district.

          (4) "Classified employee" means any employee of a school district whose job classification does not require by statute, rule of the state board of education, or written policy of the school district the possession of a professional education permit, certificate, or credential, issued by the superintendent of public instruction, to perform assigned duties and responsibilities.

          (5) "Employer" means any school district.

          (6) "Employee" means any certificated or classified employee of a school district.

 

          NEW SECTION.  Sec. 17.    (1) Nothing in this chapter prohibits employees from organizing in any manner which the employees and the employer mutually agree will enhance the negotiation processes developed under section 15 of this act.  Proposals for forming an employee organization shall be approved by a majority of the employees so involved and membership in the organization, as determined by the employees, may or may not be contingent upon job classification.

          (2) Employers and employees, through their respective negotiating representatives, are authorized to raise and consider for negotiation any subject which affects the operation of the school district.

          (3) School districts shall develop procedures relating to the formation of employee organizations which fulfill the goals under section 15 of this act.

 

          NEW SECTION.  Sec. 18.    Representatives of an employee organization which has been established under section 17 of this act to represent the certificated employees within its school district have the right to use the negotiation process developed under section 15 of this act to communicate the considered professional judgment of the employee organization before the final adoption by the board of proposed school policies relating to, but not limited to, curriculum, textbook selection, in-service training, student teaching programs, performance evaluations, personnel, hiring and assignment practices, leaves of absence, hours of work, salaries and salary schedules, working conditions, and noninstructional duties.  Any contract negotiated and agreed upon between the board of directors and the employee organization representing the employees for any payment of money shall assume no additional funding from the legislature for the duration of the contract.

 

          NEW SECTION.  Sec. 19.    School district's boards of directors and employees may agree to any contract, subject to the provisions of section 18 of this act, and nothing in this chapter prohibits boards of directors and employees from using any method of negotiation mutually agreed upon if that negotiating method contributes to the goal of cooperative operation of the local school system and promotes respect, dignity, and responsibility for all persons concerned.

 

          NEW SECTION.  Sec. 20.    Nothing in this chapter prohibits any certificated employee from appearing in his or her own behalf on matters relating to that person's employment relations with the school district.

 

          NEW SECTION.  Sec. 21.    If any matter being jointly considered by the employee organization and the board of directors of the school district is not settled by the means provided in this chapter, either party may request the assistance and advice of a committee composed of educators and school directors appointed by the superintendent of public instruction.  This committee shall make a written report with recommendations to both parties within fifteen days of receipt of the request for assistance.  Any recommendations of the committee shall be advisory only and not binding upon the board of directors or the employee organization.

 

          NEW SECTION.  Sec. 22.    Boards of directors of school districts or any administrative officer thereof shall not discriminate against certificated employees because of their exercise of rights under this chapter.

 

          NEW SECTION.  Sec. 23.    Boards of directors of school districts shall establish a process for public involvement in any formal meetings between the board of directors and employees pertaining to contract negotiations.

 

          NEW SECTION.  Sec. 24.    This chapter shall supersede existing statutes not expressly repealed to the extent that there is a conflict between a provision of this chapter and those other statutes.  Except as otherwise expressly provided in this chapter, nothing in this chapter may be construed to annul, modify, or preclude the renewal or continuation of any lawful agreement entered into prior to the effective date of this act between an employer and an employee organization covering wages, hours, and terms and conditions of employment.  Where there is a conflict between any negotiated agreement and any resolution, rule, policy, or regulation of the employer or its agents, the terms of the negotiated agreement shall prevail.

 

          NEW SECTION.  Sec. 25.    The state board of education and the superintendent of public instruction shall develop models of negotiating methods for optional use by local districts in carrying out the provisions of this chapter.  Such models shall include alternative methods for evaluating the competency of all school personnel in the conduct of assigned duties and responsibilities.

 

          NEW SECTION.  Sec. 26.    Sections 14 through 25 of this act are added to chapter 41.59 RCW.

 

          NEW SECTION.  Sec. 27.  A new section is added to chapter 28A.58 RCW to read as follows:

          (1) The board of directors of each school district shall conduct a study to determine to what extent the current system for teacher compensation meets the educational needs of the district.  The study shall include a detailed review of:

          (a) How well the current teacher compensation fulfills the goals of processes to determine competency under section 10 of this act; and

          (b) The effects of continuing contracts including the relationship of such contracts to employee competence in performing assigned duties and responsibilities.

          (2) Districts may develop and establish, under sections 10, 15, 17, and 18 of this act, methods and procedures relating to employment contracts, compensation, and competence as will best meet locally determined educational needs and which will assure the placement of qualified teachers in classrooms during periods of both increasing and decreasing student enrollment.

 

        Sec. 28.  Section 28A.04.120, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 40, Laws of 1984 and RCW 28A.04.120 are each amended to read as follows:

          In addition to any other powers and duties as provided by law, the state board of education shall:

          (1) Approve the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification.

          (2) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) above, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates.

          (3) Supervise the issuance of such certificates as provided for in subsection (1) above and specify the types and kinds of certificates necessary for the several departments of the common schools by rule or regulation in accordance with RCW 28A.70.005.

          (4) ((Accredit, subject to such accreditation standards and procedures as may  be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.02.201, private schools carrying out a program for any or all of the grades one through twelve:  PROVIDED, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials:  PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such pre-accreditation examination and evaluation processes as may now or hereafter be established by the board.

          (5) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve.  Before any such program or any new grades are established the district must obtain prior approval of the state board.

          (6) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools.

          (7))) Prepare with the assistance of the superintendent of public instruction a uniform series of questions, with the proper answers thereto for use in the correcting thereof, to be used in the examination of persons, as this code may direct, and prescribe rules and regulations for conducting any such examinations.

          (((8) Continuously reevaluate courses and adopt and enforce regulations within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system.

          (9))) (5) Carry out board powers and duties relating to the organization and reorganization of school districts under chapter 28A.57 RCW.

          (((10))) (6) By rule or regulation promulgated upon the advice of the state fire marshal, provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands, and without confusion or panic; such rules and regulations shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school.

          (((11))) (7) Hear and decide appeals as otherwise provided by law.

 

          NEW SECTION.  Sec. 29.  The following acts or parts of acts are each repealed:

                   (1) Section 28A.02.080, chapter 223, Laws of 1969 ex. sess. and RCW 28A.02.080;

          (2) Section 1, chapter 262, Laws of 1975 1st ex. sess. and RCW 28A.04.133;

          (3) Section 28A.05.010, chapter 223, Laws of 1969 ex. sess., section 3, chapter 71, Laws of 1969 and RCW 28A.05.010;

          (4) Section 28A.05.030, chapter 223, Laws of 1969 ex. sess., section 1, chapter 52, Laws of 1984 and RCW 28A.05.030;

          (5) Section 28A.05.040, chapter 223, Laws of 1969 ex. sess., section 2, chapter 52, Laws of 1984 and RCW 28A.05.040; and

          (6) Section 28A.05.050, chapter 223, Laws of 1969 ex. sess., section 2, chapter 57, Laws of 1969 ex. sess. and RCW 28A.05.050.

 

          NEW SECTION.  Sec. 30.  The following acts or parts of acts are each repealed:

                   (1) Section 1, chapter 4, Laws of 1979 and RCW 28A.26.010;

          (2) Section 2, chapter 4, Laws of 1979 and RCW 28A.26.020;

          (3) Section 3, chapter 4, Laws of 1979 and RCW 28A.26.030;

          (4) Section 4, chapter 4, Laws of 1979 and RCW 28A.26.040;

          (5) Section 5, chapter 4, Laws of 1979 and RCW 28A.26.050;

          (6) Section 6, chapter 4, Laws of 1979 and RCW 28A.26.060; and

          (7) Section 8, chapter 4, Laws of 1979 and RCW 28A.26.900.

 

          NEW SECTION.  Sec. 31.  Section 14, chapter 244, Laws of 1969 ex. sess., section 5, chapter 359, Laws of 1977 ex. sess., section 12, chapter 151, Laws of 1979, section 3, chapter 250, Laws of 1979 ex. sess., section 1, chapter 229, Laws of 1983 and RCW 28A.41.140 are each repealed.

 

          NEW SECTION.  Sec. 32.  The following acts or parts of acts are each repealed effective .......... :

                   (1) Section 1, chapter 85, Laws of 1974 ex. sess., section 6, chapter 87, Laws of 1980 and RCW 28A.41.250;

          (2) Section 3, chapter 85, Laws of 1974 ex. sess. and RCW 28A.41.270;

          (3) Section 4, chapter 85, Laws of 1974 ex. sess. and RCW 28A.41.280; and

          (4) Section 5, chapter 85, Laws of 1974 ex. sess. and RCW 28A.41.290.

 

          NEW SECTION.  Sec. 33.  The following acts or parts of acts are each repealed effective .......... :

                   (1) Section 1, chapter 149, Laws of 1979 and RCW 28A.41.400;

          (2) Section 2, chapter 149, Laws of 1979 and RCW 28A.41.402;

          (3) Section 3, chapter 149, Laws of 1979 and RCW 28A.41.404;

          (4) Section 4, chapter 149, Laws of 1979 and RCW 28A.41.406;

          (5) Section 5, chapter 149, Laws of 1979 and RCW 28A.41.408;

          (6) Section 6, chapter 149, Laws of 1979 and RCW 28A.41.410;

          (7) Section 7, chapter 149, Laws of 1979, section 2, chapter 163, Laws of 1982 and RCW 28A.41.412; and

          (8) Section 8, chapter 149, Laws of 1979 and RCW 28A.41.414.

 

          NEW SECTION.  Sec. 34.  The following acts or parts of acts are each repealed:

          (1) Section 2, chapter 16, Laws of 1981, section 1, chapter 275, Laws of 1983, section 1, chapter 245, Laws of 1984 and RCW 28A.58.095;

          (2) Section 3, chapter 275, Laws of 1983 and RCW 28A.58.099;

          (3) Section 11, chapter 130, Laws of 1969 and RCW 28A.58.245;

          (4) Section 1, chapter 359, Laws of 1977 ex. sess. and RCW 28A.58.750;

          (5) Section 2, chapter 359, Laws of 1977 ex. sess. and RCW 28A.58.752;

          (6) Section 3, chapter 359, Laws of 1977 ex. sess., section 1, chapter 250, Laws of 1979 ex. sess., section 1, chapter 158, Laws of 1982 and RCW 28A.58.754;

          (7) Section 18, chapter 359, Laws of 1977 ex. sess., section 7, chapter 250, Laws of 1979 ex. sess. and RCW 28A.58.758; and

          (8) Section 19, chapter 359, Laws of 1977 ex. sess., section 5, chapter 250, Laws of 1979 ex. sess. and RCW 28A.58.760.

 

          NEW SECTION.  Sec. 35.  The following acts or parts of acts are each repealed effective .......... :

                   (1) Section 1, chapter 95, Laws of 1979, section 1, chapter 124, Laws of 1984 and RCW 28A.58.800;

          (2) Section 8, chapter 124, Laws of 1984 and RCW 28A.58.801;

          (3) Section 2, chapter 95, Laws of 1979, section 2, chapter 124, Laws of 1984 and RCW 28A.58.802;

          (4) Section 3, chapter 95, Laws of 1979, section 3, chapter 124, Laws of 1984 and RCW 28A.58.804;

          (5) Section 4, chapter 95, Laws of 1979, section 4, chapter 124, Laws of 1984 and RCW 28A.58.806;

          (6) Section 5, chapter 95, Laws of 1979, section 5, chapter 124, Laws of 1984 and RCW 28A.58.808;

          (7) Section 6, chapter 124, Laws of 1984 and RCW 28A.58.809; and

          (8) Section 6, chapter 95, Laws of 1979 and RCW 28A.58.810.

 

          NEW SECTION.  Sec. 36.  The following acts or parts of acts are each repealed:

                   (1) Section 1, chapter 41, Laws of 1975 1st ex. sess., section 10, chapter 40, Laws of 1984 and RCW 28A.60.350;

          (2) Section 22, chapter 34, Laws of 1969 ex. sess., section 22, chapter 288, Laws of 1975 1st ex. sess., section 3, chapter 114, Laws of 1975-'76 2nd ex. sess. and RCW 28A.67.065;

          (3) Section 16, chapter 15, Laws of 1970 ex. sess., section 2, chapter 49, Laws of 1973, section 133, chapter 275, Laws of 1975 1st ex. sess., section 4, chapter 114, Laws of 1975-'76 2nd ex. sess., section 11, chapter 56, Laws of 1983, section 1, chapter 83, Laws of 1983 and RCW 28A.67.070;

          (4) Section 2, chapter 123, Laws of 1980 and RCW 28A.91.100;

          (5) Section 3, chapter 123, Laws of 1980 and RCW 28A.91.110;

          (6) Section 4, chapter 123, Laws of 1980 and RCW 28A.91.120;

          (7) Section 5, chapter 123, Laws of 1980 and RCW 28A.91.130; and

          (8) Section 15, chapter 123, Laws of 1980 and RCW 28A.91.900.

 

          NEW SECTION.  Sec. 37.  The following acts or parts of acts are each repealed:

                   (1) Section 2, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.010;

          (2) Section 3, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.020;

          (3) Section 7, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.060;

          (4) Section 8, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.070;

          (5) Section 9, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.080;

          (6) Section 10, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.090;

          (7) Section 11, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.100;

          (8) Section 12, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.110;

          (9) Section 13, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.120;

          (10) Section 14, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.130;

          (11) Section 15, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.140;

          (12) Section 16, chapter 288, Laws of 1975 1st ex. sess., section 3, chapter 58, Laws of 1983 and RCW 41.59.150;

          (13) Section 17, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.160;

          (14) Section 18, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.170;

          (15) Section 23, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.180;

          (16) Section 1, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.900;

          (17) Section 19, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.910;

          (18) Section 20, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.920;

          (19) Section 24, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.930;

          (20) Section 26, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.940; and

          (21) Section 25, chapter 288, Laws of 1975 1st ex. sess. and RCW 41.59.950.

 

          NEW SECTION.  Sec. 38.  The following acts or parts of acts are each repealed:

                   (1) Section 8, chapter 39, Laws of 1963, section 5, chapter 147, Laws of 1967 ex. sess., section 6, chapter 218, Laws of 1969 ex. sess., section 4, chapter 76, Laws of 1977, section 331, chapter 258, Laws of 1984 and RCW 46.81.070; and

          (2) Section 1, chapter 39, Laws of 1963, section 7, chapter 218, Laws of 1969 ex. sess. and RCW 46.81.900.

 

          NEW SECTION.  Sec. 39.  The following acts or parts of acts are each repealed:

                   (1) Section 3, chapter 325, Laws of 1977 ex. sess. and RCW 84.52.053; and

          (2) Section 4, chapter 325, Laws of 1977 ex. sess., section 1, chapter 172, Laws of 1979 ex. sess., section 1, chapter 168, Laws of 1981, section 10, chapter 264, Laws of 1981 and RCW 84.52.0531.

 

          NEW SECTION.  Sec. 40.    If any provision of this 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.

 

          NEW SECTION.  Sec. 41.    There is hereby appropriated to local school districts from the state general fund for the 1985-'87 biennium, the sum of .......... dollars or so much thereof as may be necessary, to begin necessary planning and research to comply with the provisions of this act.

 

          NEW SECTION.  Sec. 42.    There is hereby appropriated to the superintendent of public instruction from the state general fund for the 1985-'87 biennium the sum of .......... dollars or so much thereof as may be necessary, to begin necessary planning and research to comply with the provisions of this act to provide technical assistance to school districts.

 

          NEW SECTION.  Sec. 43.    Sections ... through ... of this act shall take effect .......... , 198...