AN ACT Relating to governance of the common school system; amending RCW 28A.04.010, 28A.04.030, 28A.04.040, 28A.04.070, 28A.04.080, 28A.04.090, 28A.04.100, and 28A.04.120; adding a new section to chapter 28A.24 RCW; and repealing RCW 28A.04.020, 28A.04.050, 28A.04.060, 28A.04.065, and 28A.04.131.

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

Sec. 1. Section 28A.04.010, chapter 223, Laws of 1969 ex. sess. as amended by section 1, chapter 179, Laws of 1980 and RCW 28A.04.010 are each amended to read as follows:

The state board of education shall be ((~~comprised~~)) composed of ((~~two~~)) one member((s)) from each congressional district of the state((~~, not including any congressional district at large, elected by the members of the boards of directors of school districts thereof, as hereinafter in this chapter provided, and~~)), one nonvoting member ((~~elected at large, as hereinafter in this chapter provided, by the members of the boards of directors of~~)) to represent all private schools in the state meeting the requirements of RCW 28A.02.201, as now or hereafter amended, and the superintendent of public instruction as provided for under RCW 28A.03.030(6). The members shall be appointed by the governor upon consultation with the superintendent of public instruction and with the advice and consent of the senate of the state of Washington.

Sec. 2. Section 28A.04.030, chapter 223, Laws of 1969 ex. sess. as amended by section 1, chapter 7, Laws of 1982 1st ex. sess. and RCW 28A.04.030 are each amended to read as follows:

(1) The terms of the initial appointed members shall be as follows: Three members of the state board of education shall be appointed for terms of three years commencing with the second Monday in January of 1987, three members shall be appointed for terms of four years commencing with the second Monday in January of 1988, and three members shall be appointed for terms of five years commencing with the second Monday in January of 1989. Thereafter, all members shall serve for terms of six years.

(2) The terms of the members of the state board of education as of the effective date of this 1986 act shall expire as soon as their successors are appointed by the governor and pursuant to the provisions of this subsection as follows:

(a) The terms of the members from the third and sixth congressional districts and the term of the member representing all private schools in the state meeting the requirements of RCW 28A.02.201 shall end on the second Monday in January of 1990;

(b) The terms of the members from the first, fourth, and seventh congressional districts shall end on the second Monday in January of 1992; and

(c) The terms of the members from the second, fifth, and eighth congressional districts shall end on the second Monday in January of 1994.

(3) Whenever any new and additional congressional district is created, ((except a congressional district at large, the superintendent of public instruction shall call an election in such district at the time of making the call provided for in RCW 28A.04.020. Such election shall be conducted as other elections provided for in this chapter. At the first such election two members of the state board of education shall be elected, one for a term of three years and one for a term of six years. At the expiration of the term of each, a member shall be elected for a term of six years)) the governor shall appoint an individual to represent the district on the state board of education.

((~~(2)~~)) (4) The terms of office of members of the state board of education who are ((~~elected~~)) appointed from the various congressional districts shall not be affected by the creation of either new or new and additional districts. In such an event, each board member may continue to serve in office for the balance of the term for which he or she was ((~~elected or~~)) appointed: PROVIDED, That the board member continues to reside within the boundaries of the congressional district as they existed at the time of his or her ((~~election or~~)) appointment. Vacancies which occur in a board member position during the balance of any such term shall be filled pursuant to RCW 28A.04.080, as now or hereafter amended, by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was ((~~elected~~)) appointed as they existed at the time of his or her ((~~election. At the election~~)) appointment. Immediately preceding the expiration of the term of office of each board member provided for in this subsection following the creation of either new or new and additional congressional districts, and thereafter, a successor shall be ((~~elected~~)) appointed from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed ((~~or elected~~)).

Sec. 3. Section 28A.04.040, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 7, Laws of 1982 1st ex. sess. and RCW 28A.04.040 are each amended to read as follows:

(1) ((Candidates for membership on the state board of education shall file declarations of candidacy with the superintendent of public instruction on forms prepared by the superintendent. Declarations of candidacy may be filed by person or by mail not earlier than the first day of September, or later than the sixteenth day of September. The superintendent of public instruction may not accept any declaration of candidacy that is not on file in his office or is not postmarked before the seventeenth day of September, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of September.)) No person employed in any school, college, university, or other educational institution or any educational service district superintendent's office or in the office of superintendent of public instruction shall be eligible for membership on the state board of education and each member ((~~elected who is not representative of the private schools in this state and thus not running-at-large~~)) appointed must be a resident of the congressional district from which he or she was ((~~elected~~)) appointed, except the person appointed to represent private schools meeting the requirements of RCW 28A.02.201. No member of a board of directors of a local school district or private school shall continue to serve in that capacity after having been ((~~elected~~)) appointed to the state board.

(2) The prohibitions against membership upon the board of directors of a school district or school and against employment, as well as the residence requirement, established by this section, are conditions to the eligibility of state board members to serve as such which apply throughout the terms for which they have been ((~~elected or~~)) appointed. Any state board member who hereafter fails to meet one or more of the conditions to eligibility shall be deemed to have immediately forfeited his or her membership upon the board for the balance of his or her term: PROVIDED, That such a forfeiture of office shall not affect the validity of board actions taken prior to the date of notification to the board during an open public meeting of the violation.

Sec. 4. Section 28A.04.070, chapter 223, Laws of 1969 ex. sess. and RCW 28A.04.070 are each amended to read as follows:

The term of office of each member of the state board of education shall begin on the second Monday in January next following the ((~~election~~)) time at which he or she was ((~~elected~~)) appointed, and he or she shall hold office for the term for which he or she was ((~~elected~~)) appointed and until his or her successor is ((~~elected and qualified~~)) appointed. Except as otherwise provided in RCW 28A.04.030, each member of the state board of education shall be ((~~elected~~)) appointed for a term of six years.

Sec. 5. Section 28A.04.080, chapter 223, Laws of 1969 ex. sess. and RCW 28A.04.080 are each amended to read as follows:

Whenever there shall be a vacancy upon the state board of education, from any cause whatever, it shall be the duty of the ((~~remaining members of the board~~)) governor to fill such vacancy by appointment, and the person so appointed shall continue in office ((until his successor has been specially elected, as hereinafter in this section provided, and has qualified. Whenever a vacancy occurs, the superintendent of public instruction shall call, in the month of August next following the date of the occurrence of such vacancy, a special election to be held in the same manner as other elections provided for in this chapter, at which election a successor shall be elected to hold office for the unexpired term of the member whose office was vacated)) for the duration of the term of the position vacated at which time he or she is reappointed or a successor is appointed.

Sec. 6. Section 28A.04.090, chapter 223, Laws of 1969 ex. sess. as amended by section 1, chapter 160, Laws of 1982 and RCW 28A.04.090 are each amended to read as follows:

(1) The state board of education shall ((~~annually~~)) elect annually a ((~~president and~~)) vice president. The superintendent of public instruction shall be an ex officio member and the ((~~chief executive officer~~)) president of the board. As such ex officio member the superintendent shall have the right to vote only when there is a question before the board upon which no majority opinion has been reached among the board members present ((~~and voting thereon and the superintendent's vote is essential for action thereon~~)). The superintendent, as ((~~chief executive officer~~)) president of the board, shall furnish all necessary record books ((~~and~~)), forms, and support staff for its use, and shall represent the board in directing the work of school inspection.

(2) All members appointed to the state board of education to represent the congressional districts of the state shall have full voting privileges on all matters that come before the board.

Sec. 7. Section 28A.04.100, chapter 223, Laws of 1969 ex. sess. as amended by section 3, chapter 160, Laws of 1982 and RCW 28A.04.100 are each amended to read as follows:

The state board of education ((~~shall appoint~~)) may employ some person to be ((~~ex officio secretary~~)) executive director of said board ((~~who shall not be entitled to a vote in its proceedings~~)). The ((~~secretary~~)) executive director shall keep a correct record of board proceedings, which shall be kept in the office of the superintendent of public instruction. He or she shall also, upon request, furnish to interested school officials a copy of such proceedings. The board may employ such clerical staff as it may determine to be necessary.

Sec. 8. 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)~~)) (8) Carry out board powers and duties relating to the organization and reorganization of school districts under chapter 28A.57 RCW.

((~~(10)~~)) (9) 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)~~)) (10) Hear and decide appeals as otherwise provided by law.

NEW SECTION. Sec. 9. A new section is added to chapter 28A.24 RCW to read as follows:

In addition to other powers and duties, the superintendent of public instruction shall adopt rules and regulations governing the training and qualifications of school bus drivers. Such rules and regulations shall be designed to ensure that persons will not be employed to operate school buses unless they possess such physical health and driving skills as are necessary to operate school buses safely: PROVIDED, That such rules and regulations shall ensure that school bus drivers are provided a due process hearing before any certification required by such rules and regulations is cancelled: PROVIDED FURTHER, That such rules and regulations shall not conflict with the authority of the department of licensing to license school bus drivers in accordance with RCW 46.20.440 through 46.20.470.

NEW SECTION. Sec. 10. The following acts or parts of acts are each repealed:

(1) Section 28A.04.020, chapter 223, Laws of 1969 ex. sess., section 1, chapter 38, Laws of 1981 and RCW 28A.04.020;

(2) Section 28A.04.050, chapter 223, Laws of 1969 ex. sess., section 2, chapter 38, Laws of 1981 and RCW 28A.04.050;

(3) Section 28A.04.060, chapter 223, Laws of 1969 ex. sess., section 25, chapter 283, Laws of 1969 ex. sess., section 2, chapter 19, Laws of 1975, section 5, chapter 179, Laws of 1980, section 3, chapter 38, Laws of 1981 and RCW 28A.04.060;

(4) Section 1, chapter 19, Laws of 1975, section 6, chapter 179, Laws of 1980 and RCW 28A.04.065; and

(5) Section 4, chapter 153, Laws of 1969 ex. sess., section 89, chapter 158, Laws of 1979, section 1, chapter 200, Laws of 1981 and RCW 28A.04.131.

NEW SECTION. Sec. 11. 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.