AN ACT Relating to vocational education; amending RCW 28C.04.030; adding new sections to chapter 28C.04 RCW; repealing RCW 28C.04.230, 43.131.287, and 43.131.288; and declaring an emergency.

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

Sec. 1. Section 3, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.030 are each amended to read as follows:

(1) There is hereby established a commission for vocational education comprised of ((~~seven~~)) eight members, each of which shall be a voting member. The chairman shall be a citizen member chosen by a majority of its members pursuant to its bylaws. ((~~Five~~)) Six citizen members shall be appointed by the governor and confirmed by the state senate. The superintendent of public instruction and the director of the state board for community college education or the respective designees of such officials shall serve as the remaining two members. In making citizen member appointments initially, and subsequently thereafter, the governor shall be cognizant of the desirability of appointing persons well versed regarding vocational and occupational needs of management, labor, and agriculture.

(2) In making citizen appointments after July 1, 1987, the governor shall reconstitute the membership on the board as existing appointments terminate, to include citizen members as follows:

(a) Two members who represent the interest of employers: PROVIDED, That in making an appointment that represents the interest of employers, the governor shall select from a list of at least three names submitted to the governor by a recognized state-wide organization of employers, representing a majority of employers.

(b) Two members who represent the interest of labor: PROVIDED, That in making an appointment that represents the interest of employees, the governor shall select from a list of at least three names submitted to the governor by an organization, state-wide in scope, which, through its affiliates, embraces a cross section and a majority of organized labor of the state.

(c) One member who represents the interests of agriculture: PROVIDED, That in making such appointment, the governor shall select from a list of at least three names submitted by an organization, state-wide in scope, which is the largest organization representing the interests of agriculture.

(d) One member who represents the interests of a community based organization within the state: PROVIDED, That in making such appointment the governor shall be cognizant of the desirability of appointing persons who also represent the interests of minorities and women.

(3) The initial citizen appointments shall be for periods of one, two, three, four, and five years. Thereafter such citizen members shall serve for terms of five years. No citizen member shall be eligible to serve who is also a member of a state or local educational agency, board, council or commission, or who is employed by a common school or institution of higher education.

((~~Four~~)) Five members shall constitute a quorum, and no action shall be taken by less than ((~~four~~)) five affirmative votes.

NEW SECTION. Sec. 2. In order to effect the purpose and intent of RCW 28C.04.010, the commission on vocational education shall restrict its management and operational functions to those specifically required to be performed by the commission under this chapter and incorporated federal law and, furthermore, whenever legally permissible under federal law, shall provide for the performance of federally funded functions by delegation to the superintendent of public instruction and the state board for community college education.

NEW SECTION. Sec. 3. If the commission deems it necessary or desirable to effect modifications of any proposed or existing state plan provisions respecting the secondary or postsecondary education systems, it shall do so by submitting the provisions to the superintendent of public instruction and state board for community college education for their consideration and development of any revisions.

NEW SECTION. Sec. 4. An executive director review committee is hereby established within the commission. Such committee shall be composed of the following designated officials or their respective designees: The governor, the director of the state board for community college education, and the superintendent of public instruction. Prior to the employment of a new executive director, such review committee shall screen all applicants for the position and recommend to the commission a list of three candidates. The commission shall select the new executive director from the list of three candidates or shall reject the entire list and request such review committee to submit three additional candidates. The commission shall repeat this process until an executive director is selected. In addition, such review committee shall meet at least annually to review the job performance of the current executive director and present its assessment, including any recommendations, to the commission.

NEW SECTION. Sec. 5. A budget and rules review committee is hereby established within the commission. Such review committee shall be composed of the following designated officials or their respective designees: The executive director of the commission, the director of the state board for community college education, and the superintendent of public instruction. Such review committee shall meet at least quarterly and shall have the following responsibilities:

(1) Review the commission's budget and expenditures and make recommendations to the commission respecting expenditures, including the employment of personnel, allocation of federal moneys, and contractual services.

(2) Review the operating needs of the commission and submit recommendations to the commission respecting its biennial and supplemental budget requests.

(3) Review the need of the commission for new and amendatory rules and enabling legislation and submit recommendations to the commission.

NEW SECTION. Sec. 6. As a condition for inclusion in the state plan for vocational education and for program approval by the state board for community college education and the superintendent of public instruction, school districts and community college districts shall create for each recognized occupational program an advisory committee for such occupational program consisting of equal representation from management and labor, including where applicable representatives of the joint apprenticeship training committee responsible for the particular apprenticeable trade. The following provisions shall apply to such advisory committees:

(1) Occupational program advisory committees shall assist the governing board of the district by performing the following duties:

(a) Advising on current job needs within the district or job market area;

(b) Advising on the relevance of vocational education offerings in meeting current job needs;

(d) Providing objective, periodic evaluations of the specified occupational program with recommendations for improvement;

(e) Providing recommendations for updating competencies of vocational staff;

(f) Assisting students who have completed training in the specified occupational program in securing job placement; and

(g) Reviewing the qualifications of candidates for the position of vocational education instructor in the specified occupational program and recommending those individuals whose technical competencies enable them to be qualified instructors.

(2) The superintendent of public instruction and the state board for community college education may exempt: (a) Small districts, (b) specified occupational programs with low enrollment, or (c) occupational program areas where the requirements in this section are not applicable because of the unique nature of the occupational program from the specific requirements of this section and provide through rule alternative arrangements that will provide meaningful community and labor-management involvement in advising the district's governing board of the vocational education needs within the district.

NEW SECTION. Sec. 7. There is hereby established separately in the offices of the superintendent of public instruction and the state board for community college education an administrative section or unit for vocational education. In addition to other powers and duties provided for under state and federal law, each such section or unit shall have the duty to effect the purpose and intent of this chapter, as follows:

(1) Assist the commission on vocational education by performing in behalf of the commission such functions as shall be delegated under section 2 of this act.

(2) Assist the commission on vocational education by acting as the liaisons with their respective education systems, including securing in a cost-effective manner all information from the systems necessary to the commission's performance of its duties under this chapter.

(3) Assist the commission on vocational education to perform its duty to coordinate periodically the development of a state plan by planning and drafting the provisions of the state plan affecting their respective education systems, including any revisions thereof as may be made under section 3 of this act.

(4) Allocate and distribute within their respective education systems all state and federal funds made available under state and federal law for secondary and postsecondary vocational education purposes.

(5) Establish, maintain, and operate vocational education data systems.

(6) Establish procedures, standards, and evaluative measurements for the periodic performance evaluation, including the effectiveness, of the vocational education programs operated within their respective education systems.

(7) Monitor the vocational education programs of their respective education systems for compliance with the state plan and applicable rules.

(8) Assist the districts of their respective education systems in the development of joint and independent vocational education programs, including the development of curriculum materials.

(9) Develop and conduct in-service education programs for vocational education teachers of their respective education systems and other interested persons.

(10) Coordinate and provide managerial, advisory, and other assistance to local and state chapters of student organizations formed for purposes of furthering vocational education.

(11 Assist the state board of education and the community college district components of their respective education systems develop and, as otherwise provided by law, administer vocational certification standards.

(12) Develop and provide vocational education research and related information to students, education officials, and other interested persons.

(13) Perform the duties set forth in subsections (1) through (9) of this section jointly whenever feasible.

NEW SECTION. Sec. 8. The state board for community college education and the superintendent of public instruction are authorized to adopt rules, subject to chapter 34.04 RCW, the administrative procedure act, necessary to the implementation of their respective powers and duties under this chapter, including rules by the superintendent authorizing the financial maintenance and program operations of the existing common school vocational technical institutes.

NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:

(1) Section 28B.50.240, chapter 223, Laws of 1969 ex. sess., section 24, chapter 261, Laws of 1969 ex. sess., section 1, chapter 285, Laws of 1971 ex. sess., section 41, chapter 3, Laws of 1983 and RCW 28C.04.230;

(2) Section 17, chapter 197, Laws of 1983 and RCW 43.131.287; and

(3) Section 43, chapter 197, Laws of 1983 and RCW 43.131.288.

NEW SECTION. Sec. 10. Sections 2 through 8 of this act are each added to chapter 28C.04 RCW.

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.

NEW SECTION. Sec. 12. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.