H-1954              _______________________________________________

 

                                           SUBSTITUTE HOUSE BILL NO. 456

                        _______________________________________________

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By House Committee on Education (originally sponsored by Representatives Spanel, Ebersole, Dellwo, Zellinsky, P. King, Wang, Holm, Valle, Haugen, Cole, Appelwick, O'Brien, Pruitt, Hine, Locke, Winsley, Rayburn, Unsoeld, Rasmussen, K. Wilson, Sprenkle, R. King, McMullen and Miller;by request of Governor Gardner)

 

 

Read first time 2/20/87 and passed to Committee on Rules.

 

 


AN ACT Relating to education; amending RCW 28A.34A.090 and 82.12.0284; adding new sections to chapter 28A.03 RCW; adding new sections to chapter 28A.58 RCW; adding new sections to Title 28A RCW; adding a new section to chapter 28B.16 RCW; adding a new section to chapter 41.04 RCW; adding a new section to chapter 41.06 RCW; adding a new section to chapter 41.08 RCW; adding a new section to chapter 41.12 RCW; adding a new section to chapter 41.14 RCW; creating new sections; and repealing RCW 28A.34A.902 and 28A.03.380.

 

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

 

          NEW SECTION.  Sec. 1.     The long-term social, community welfare, and economic interests of this state will be served by an investment in our children.  National studies have confirmed that special attention to, and educational assistance for, children and their school environment is the most effective way in which to meet the state's social and economic goals.  The legislature intends to enhance the readiness to learn of certain children by instituting programs directed at those who leave school before graduation, and those who may experience learning problems due to drug and alcohol abuse.

          The legislature also intends to provide for an expansion of the early childhood education program for children from low-income families, and the even-start project in intended for parents of such children.  Conclusive studies show that giving children from low-income families certain developmental experiences and effective parental guidance will greatly improve their performance in school as well as their likelihood of success as adults.

          It is further the intent of the legislature to establish programs that will allow for parental, business, and community involvement in assisting the school systems throughout the state to enhance the ability of children to learn.

                                                           PART I - READINESS TO LEARN

 

 

 

          NEW SECTION.  Sec. 101.              Project even start is intended to provide children with the motivation and positive environment to increase their academic performance by promoting better response to teaching through encouraging better parenting.  This project is intended to help illiterate or semiliterate parents so they can assist their children in the learning process.  Parents are the most effective teachers for their children.  Providing parents with opportunities to acquire basic skills and the knowledge to strengthen support of children will be an encouragement and motivation for children and help enhance their learning experiences in the formal education environment.

 

          NEW SECTION.  Sec. 102.              The office of the superintendent of public instruction shall, with the consultation and participation of the departments of community development and social and health services and the state board for community college education, develop a program of adult literacy to serve parents of children who are in early childhood education and assistance or head start programs or elementary school programs serving students below average in the basic skills of reading, language arts, and mathematics.  Wherever possible the superintendent of public instruction shall utilize existing adult literacy programs operated by the community colleges, vocational technical institutes, and common schools or community-based nonprofit organizations to provide services to eligible parents before funding and developing new adult literacy programs is undertaken.

 

          NEW SECTION.  Sec. 103.              The office of the superintendent of public instruction shall adopt rules, under chapter 34.04 RCW to implement section 102 of this act.  The rules shall include, but not be limited to:

          (1) Establishing a program framework to provide adult literacy skills for parents who have less than an eighth grade ability in the areas of reading, language arts, or mathematics;

          (2) Defining participating parents to be those of a child in an early childhood education and assistance, head start, or state or federally funded elementary school basic skills program, with priority for parents with children in programs prior to or in the first three grades of their formal education; and

          (3) In addition to the instruction of basic skills, establishing other program components which may include transportation services, child care, and such other necessary activities necessary to accomplish the purposes of the project.

 

          NEW SECTION.  Sec. 104.              The office of the superintendent of public instruction may, consistent with appropriations for project even start, fund, or cooperatively work with, adult literacy programs through the common school or community college systems or community-based nonprofit organizations for eligible parents who qualify for the project.

 

          NEW SECTION.  Sec. 105.              The office of the superintendent of public instruction shall prepare a report to the legislature and the education committees of the house of representatives and the senate on the effectiveness and experiences of the even start program, including recommendations and specific plans, if appropriate, for program expansion.  The initial report shall be submitted by January 15, 1988, and shall be updated by January 1 every two years thereafter.

 

          NEW SECTION.  Sec. 106.              The superintendent of public instruction shall identify and disseminate information about effective programs to all school districts and other interested parties.

 

          NEW SECTION.  Sec. 107.              Sections 101 through 106 of this act shall constitute new sections in Title 28A RCW.

 

        Sec. 108.  Section 9, chapter 418, Laws of 1985 and RCW 28A.34A.090 are each amended to read as follows:

          For the duration of this ((act)) chapter, the department may award state support under RCW 28A.34A.010 through 28A.34A.070 to increase the numbers of eligible children assisted by the federal or state-supported preschool programs in this state ((by up to five thousand additional children)).  Priority shall be given to groups in those geographical areas which include a high percentage of families qualifying under the federal "at risk" criteria.  The overall program funding level shall be based on an average grant ((of no more than two thousand seven hundred dollars)) per child ((to cover all)) consistent with state appropriations made for program costs:  PROVIDED, That programs addressing special needs of selected groups or communities shall be recognized in the department's rules.

 

          NEW SECTION.  Sec. 109.  Section 15, chapter 418, Laws of 1985 and RCW 28A.34A.902 are each repealed.

 

                                                     PART II - THE SCHOOL ENVIRONMENT

 

 

 

          NEW SECTION.  Sec. 201.              (1) To encourage youth who are considering dropping out or have dropped out of school to remain in or return to school, it is the intent of the legislature to aid in the planning and implementation of educational programs for such youth.  Furthermore, in recognition that effective assistance at the elementary school level will reduce the need for dropout intervention at the secondary level, the legislature encourages early identification of and assistance to students not succeeding in school.

          (2) The superintendent of public instruction shall distribute funds, consistent with legislative appropriations, to qualifying school districts for initial planning, program development, and implementation to support educational programs for youth who have dropped out or are at risk of dropping out of school.  The purpose of the state assistance for the program is to provide start-up money which will encourage the development of integrated programs for such youth funded by school districts or cooperatives of school districts.

 

          NEW SECTION.  Sec. 202.              Each school district whose dropout rate over time is in the top twenty-five percent of all districts' dropout rates, as determined by the superintendent of public instruction, shall develop and maintain a comprehensive, district-wide student motivation,  retention, and retrieval plan.  The superintendent of public instruction may grant exceptions to the planning requirement for a qualifying district where such a plan and program already exist and can be shown to be effective.  Each of these school districts shall also qualify for planning and implementation funds.

 

          NEW SECTION.  Sec. 203.              (1) The superintendent of public instruction shall distribute program planning or implementation funds to qualifying school districts in amounts not to exceed for any district the appropriation for a particular year.

          (2) A qualifying district or cooperatives of districts may apply for initial planning, program development, and implementation funding.  However, a cooperative of districts applying for planning funds may include one or more district whose dropout rate is not in the top twenty-five percent.

          (3) A district which received planning funds before the effective date of this section may receive program development or implementation funds if such district qualifies within the criteria established by section 205 of this act.

          (4) A district or cooperative of districts shall be eligible to receive program implementation funds once every two years.  Funds from each subsequent application by a district or cooperative of districts, however, shall be used to expand the dropout program to additional grades or another school or to initiate a new dropout program.  Grants shall not be used to supplant funds of an existing program.  The superintendent shall give priority to the effectiveness of district plans and implementation programs before granting additional awards to a school district.

          (5) The money allocated shall be consistent with legislative appropriations, and may be expended for initial planning, program development, and program implementation.  Funds shall be distributed among qualifying districts on a per pupil basis.  To determine the per pupil allocation the total appropriation for this program shall be divided by the total population of all qualifying districts as determined on October 1, 1987.  The resulting dollar amount shall be multiplied by the total population of each qualifying school district to determine the maximum grant for which each qualifying district is eligible.  No district shall receive less than five thousand dollars.  No district may receive more than is necessary for planning and implementation activities outlined in its plan.

          (6) The sum of all grants shall not exceed the amount appropriated by the legislature for such purposes.

 

          NEW SECTION.  Sec. 204.              The superintendent of public instruction shall appoint an advisory committee on school dropouts.  The committee shall be composed of certificated and noncertificated staff, administrators, parents, and counselors and others as the superintendent finds appropriate.  The committee shall propose criteria to the superintendent for evaluating, planning, and implementation proposals.

 

          NEW SECTION.  Sec. 205.              The superintendent of public instruction shall adopt rules, pursuant to chapter 34.04 RCW, to carry out the purposes of sections 201 through 204 of this act.  The rules adopted by the superintendent of public instruction shall include but not be limited to:

          (1) Providing for an annual evaluation of the effectiveness of the program;

          (2) Requiring no less than twenty percent of the moneys from the program implementation grants to be used for identification and intervention programs in elementary and middle schools;

          (3) Establishing procedures allowing school districts to claim basic education allocation funds for students attending a program conducted under sections 201 through 206 of this act outside the regular school-year calendar to the extent such attendance is in lieu of attendance within the regular school-year calendar; and

          (4) Evaluating the number of children within an applicant district who fail to complete their elementary and secondary education.

 

          NEW SECTION.  Sec. 206.              The superintendent of public instruction shall identify and disseminate information about effective programs to all school districts and other interested parties.

 

          NEW SECTION.  Sec. 207.  Section 21, chapter 278, Laws of 1984 and RCW 28A.03.380 are each repealed.

 

 

          NEW SECTION.  Sec. 208.              Sections 201 through 206 of this act are each added to chapter 28A.03 RCW.

 

          NEW SECTION.  Sec. 209.              The legislature recognizes that educational clinics provide a necessary and effective service for students who have dropped out of common school programs.  Clinics have demonstrated success in preparing such youth for productive roles in society.  Accordingly, educational clinics are an integral part of the state's program for dropouts and the superintendent of public instruction shall distribute funds, consistent with legislative appropriations allocated specifically for education clinics in accordance with chapter 28A.97 RCW.  The legislature encourages school districts to explore cooperation with educational clinics.

 

          NEW SECTION.  Sec. 210.              The citizens of the state of Washington recognize  the serious impact of alcohol and drug abuse on a child's self concept and on the ability of children to learn.  Therefore, the youth substance abuse awareness program is established:  (1) To aid students in the development of skills that will aid them in making decisions concerning the use of drugs and alcohol; (2) to help the development and support of a drug-free educational environment; and (3) to aid school districts in the development and implementation of comprehensive drug and alcohol policies leading to the implementation of a drug and alcohol program that contains prevention, intervention, and aftercare components.

 

          NEW SECTION.  Sec. 211.              (1) The superintendent of public instruction shall adopt rules implementing sections 210 through 214 of this act and may distribute funds, from moneys appropriated specifically for this purpose, to school districts for the planning, development, and implementation of educational and disciplinary policies and for prevention, intervention, and aftercare activities regarding the use and abuse of drugs and alcohol.

          (2) School districts interested in implementing a program shall file an application for funds that includes the following:

          (a) A letter of commitment from the board of directors to adopt a comprehensive policy on drugs and alcohol within six months of receipt of funding.  The comprehensive policy shall address the issues of prevention, intervention, and aftercare programs and disciplinary policies and shall emphasize cooperation and coordination of services among public and private agencies, including law enforcement agencies.  If the district has already adopted a comprehensive policy and plan, the district shall submit a copy of the comprehensive policy and plan adopted by its board of directors; and

          (b) A copy of the district's assessment of the scope of the problem of substance abuse for both drugs and alcohol within the district including use and abuse by students and the community.

          (3) A district planning to implement a program shall submit its comprehensive program plan and proposed expenditures for implementing the plan.  The following program areas may be funded through moneys made available for this program, including but not limited to:

          (a) Comprehensive program development;

          (b) Prevention programs;

          (c) Elementary identification and intervention programs;

          (d) Secondary identification and intervention programs;

          (e) School drug and alcohol core team development and training;

          (f) Development of referral and preassessment procedures;

          (g) Aftercare;

          (h) Drug and alcohol specialist;

          (i) Staff, parent, student, and community training; and

          (j) Coordination with law enforcement, community services, other school districts, and drug and alcohol treatment facilities.

          (4) The district shall identify the members of the school district's school and community substance abuse advisory committee.  The school district superintendent shall appoint such a committee if one has not been established.  The advisory committee shall include representatives of at least the following:  The school district instructional staff, students, parents,  and state and local government, law enforcement personnel, and also the county coordinator of alcohol and drug treatment or his or her representative or a representative of other treatment services.  The advisory  committee shall work to coordinate school district programs and services with programs and services available within the community.  The aim is to encourage cooperation and the development of a continuum of prevention, intervention, and care within the total community and to avoid the duplication of services.

          (5) The district shall demonstrate the district's plan to provide local matching funds of an amount of at least twenty percent of the state funds for which the district is eligible.  Matching funds may be money received from federal programs, other funds available to the district, or in-kind contributions, but in-kind contributions shall not be more than one-half of the minimum matching funds required.

          (6) The district shall provide an outline of procedures for evaluation of the effectiveness of programs implemented by the school district.

          (7) Joint applications and programs may be undertaken by school districts.  Districts which elect to participate in a joint program may file a joint application and establish a joint school and community substance abuse advisory committee.

 

          NEW SECTION.  Sec. 212.              School districts that have previously participated in plan development provided for in section 211 of this act may file an additional annual application for funds that includes:  (1) Verification of the adoption of comprehensive district policies; (2) amendments to the district's comprehensive program plan, where necessary; (3) proposed areas of expenditures; (4) the district's plan to provide matching funds of an amount to equal at least twenty percent of the state funds for which the district is eligible; (5) a plan for program evaluation; and (6) an evaluation report of the effectiveness of the previously funded program one year after the program is implemented including all the information required in this section.

 

          NEW SECTION.  Sec. 213.              The superintendent of public instruction shall appoint an advisory committee on substance abuse composed of representatives of certificated and noncertificated staff, administrators, parents, school directors, the bureau of alcohol and substance abuse, the traffic safety commission, and county coordinators of alcohol and drug treatment.  The committee shall advise the superintendent on matters of program development, coordination, and evaluation.

 

          NEW SECTION.  Sec. 214.              The superintendent of public instruction shall identify and disseminate information about effective programs to all school districts and other interested parties.

 

          NEW SECTION.  Sec. 215.              If any part of sections 210 through 214 of this act is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of sections 210 through 214 of this act is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of sections 210 through 214 of this act in its application to the agencies concerned.  The rules under sections 210 through 214 of this act shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.

 

          NEW SECTION.  Sec. 216.              Sections 210 through 215 of this act are added to Title 28A RCW.

                                                   PART III - COMMUNITY SCHOOL SUPPORT

 

 

 

          NEW SECTION.  Sec. 301.              The legislature finds that citizen involvement in the education of the children of this state is of the utmost importance to the continued vitality of this state.  By establishing the school involvement program, the legislature intends to create a climate of awareness and support for the educational development of our state's future citizens.  The legislature finds that by providing time for employees to become involved with school-age children the welfare of every person in this state will be promoted.

 

          NEW SECTION.  Sec. 302.  A new section is added to chapter 28A.58 RCW to read as follows:

          School districts shall develop school involvement programs.  These programs will be in addition to the policies on parents' access to classrooms and school activities under RCW 28A.58.053.  As part of the program, school districts' policies and plans should be designed to encourage and accommodate the participation in school activities by persons interested and involved with school-age children.  The plans should include, but are not limited to, encouraging classroom observation, parent-teacher consultations, participation in special programs, participation in policy-making or advisory groups at the district and school level, and school volunteer activities.

 

          NEW SECTION.  Sec. 303.  A new section is added to chapter 28A.58 RCW to read as follows:

          School districts are encouraged to provide information to local businesses, organizations, and governmental agencies about the school involvement program under section 302 of this act.  The school districts may seek suggestions from local businesses, organizations, and governmental agencies about implementing the school involvement program.  School districts may enter into agreements with private businesses and organizations and state and local governmental agencies to facilitate employee participation in the program.

 

          NEW SECTION.  Sec. 304.  A new section is added to chapter 28A.58 RCW to read as follows:

          The superintendent of public instruction shall identify and disseminate information about effective programs under sections 302 and 303 of this act to all school districts and other interested parties.

 

          NEW SECTION.  Sec. 305.  A new section is added to chapter 41.04 RCW to read as follows:

          Any employee of the state of Washington or any of its political subdivisions, or any institution supported, in whole or in part, by the state or any of its political subdivisions may participate in school involvement programs established under sections 302 and 303 of this act for twenty hours during any calendar year during the regular hours of their employment without any loss in salary, seniority, retirement, or other benefits.  The employee must make arrangements with the employer for the time for such leave.  The twenty hours of leave for school involvement shall first be deducted from accrued personal leave or annual leave.  If the employee has no accrued leave, the employee may not participate in the program during regular work hours unless the employer is willing to authorize leave without pay.

 

          NEW SECTION.  Sec. 306.  A new section  is added to chapter 41.06 RCW to read as follows:

          The state personnel board shall adopt rules to carry out its duties under section 305 of this act.

 

          NEW SECTION.  Sec. 307.  A new section is added to chapter 41.08 RCW to read as follows:

          The civil service commission shall adopt rules to carry out its duties under section 305 of this act.

 

          NEW SECTION.  Sec. 308.  A new section is added to chapter 41.12 RCW to read as follows:

          The civil service commission shall adopt rules to carry out its duties under section 305 of this act.

 

          NEW SECTION.  Sec. 309.  A new section is added to chapter 41.14 RCW to read as follows:

          The civil service commission shall adopt rules to carry out its duties under section 305 of this act.

 

          NEW SECTION.  Sec. 310.  A new section is added to chapter 28B.16 RCW to read as follows:

          The higher education personnel board and related boards shall adopt rules to carry out their duties under section 305 of this act.

 

        Sec. 311.  Section 7, chapter 55, Laws of 1983 1st ex. sess. and RCW 82.12.0284 are each amended to read as follows:

          The provisions of this chapter shall not apply in respect to the use of ((computers, computer components, computer accessories, or computer software)) tangible personal property or services irrevocably donated to and accepted by any public or private nonprofit school or college, as defined under chapter 84.36 RCW, in this state((.  For purposes of this section, "computer" means a data processor that can perform substantial computation, including numerous arithmetic or logic operations, without intervention by a human operator during the run)) for direct instructional purposes.

 

          NEW SECTION.  Sec. 312.              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.