H-3182              _______________________________________________

 

                                                   HOUSE BILL NO. 2276

                        _______________________________________________

 

                                                                            C 033 L 90

 

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Representatives Peery, Betrozoff, G. Fisher, Brumsickle, Jones, Holland, Phillips, Horn, McLean, Spanel, P. King and Crane

 

 

Prefiled with Chief Clerk 1/4/90.  Read first time 1/8/90 and referred to Committee on Education.

 

 


AN ACT Relating to reorganization of Title 28A RCW; amending RCW 28A.01.020, 28A.01.130, 28A.41.110, 28A.58.750, 28A.58.754, 28A.58.758, 28A.41.130, 28A.41.140, 28A.41.160, 28A.41.160, 28A.41.170, 28A.41.145, 28A.41.150, 28A.41.162, 28A.41.050, 28A.41.053, 28A.41.055, 28A.41.112, 28A.41.175, 28A.13.005, 28A.13.010, 28A.13.020, 28A.13.030, 28A.13.040, 28A.13.045, 28A.13.060, 28A.13.070, 28A.13.080, 28A.03.300, 28A.03.320, 28A.03.367, 28A.24.055, 28A.24.065, 28A.24.111, 28A.24.120, 28A.24.170, 28A.24.172, 28A.24.175, 28A.58.428, 28A.58.133, 28A.41.505, 28A.41.510, 28A.41.515, 28A.41.520, 28A.41.525, 28A.41.540, 28A.41.180, 28A.120.014, 28A.120.016, 28A.120.022, 28A.120.024, 28A.120.026, 28A.120.032, 28A.120.036, 28A.120.050, 28A.120.080, 28A.120.082, 28A.120.084, 28A.120.086, 28A.120.062, 28A.120.064, 28A.120.068, 28A.58.800, 28A.58.802, 28A.58.808, 28A.58.809, 28A.58.810, 28A.16.050, 28A.58.217, 28A.58.765,28A.58.770, 28A.58.772, 28A.58.774, 28A.58.776, 28A.58.778, 28A.02.240, 28A.27.310, 28A.27.320, 28A.97.010, 28A.97.020, 28A.97.030, 28A.97.040, 28A.97.050, 28A.97.120, 28A.97.125, 28A.97.130, 28A.31.040, 28A.31.050, 28A.31.100, 28A.31.102, 28A.31.104, 28A.31.106, 28A.31.110, 28A.31.112, 28A.31.114, 28A.31.115, 28A.31.116, 28A.31.118, 28A.31.120, 28A.31.130, 28A.31.132, 28A.31.134, 28A.31.136, 28A.31.138, 28A.31.139, 28A.31.142, 28A.31.155, 28A.31.165, 28A.34.020, 28A.34.040, 28A.34.150, 28A.34A.020, 28A.34A.090, 28A.34A.110, 28A.34.110, 28A.34.130, 28A.08.010, 28A.27.010, 28A.27.022, 28A.27.030, 28A.27.040, 28A.27.070, 28A.27.080, 28A.27.090, 28A.27.100, 28A.27.102, 28A.27.104, 28A.27.110, 28A.27.120, 28A.27.130, 28A.27.140, 28A.58.215, 28A.58.225, 28A.58.230, 28A.58.242, 28A.05.005, 28A.58.255, 28A.05.062, 28A.05.064, 28A.02.070, 28A.29.020, 28A.30.030, 28A.30.060, 28A.30.070, 28A.30.080, 28A.58.136, 28A.03.423, 28A.58.082, 28A.03.010,28A.03.030, 28A.03.375, 28A.03.350, 28A.03.419, 28A.03.425, 28A.03.511, 28A.04.010, 28A.04.020, 28A.04.030, 28A.04.040, 28A.04.050, 28A.04.060, 28A.04.070, 28A.04.080, 28A.04.100, 28A.04.127, 28A.04.176, 28A.04.178, 28A.21.020, 28A.21.030, 28A.21.034, 28A.21.035, 28A.21.040, 28A.21.050, 28A.21.086, 28A.21.088, 28A.21.090, 28A.21.102, 28A.21.105, 28A.21.106, 28A.21.112, 28A.21.113, 28A.21.120, 28A.21.135, 28A.21.136, 28A.21.138, 28A.21.170, 28A.21.200, 28A.21.210, 28A.21.310, 28A.57.010, 28A.57.020, 28A.57.029, 28A.57.032, 28A.57.034, 28A.57.040, 28A.57.050, 28A.57.055, 28A.57.060, 28A.57.070, 28A.57.080, 28A.57.090, 28A.57.110, 28A.57.120, 28A.57.140, 28A.57.195, 28A.57.196, 28A.57.230, 28A.57.245, 28A.57.255, 28A.57.260, 28A.57.280, 28A.57.322, 28A.57.324, 28A.57.328, 28A.57.334, 28A.57.336, 28A.57.342, 28A.57.355, 28A.57.356, 28A.57.357, 28A.57.358, 28A.57.390, 28A.57.410, 28A.57.415, 28A.57.425, 28A.57.435, 28A.57.900, 28A.58.630, 28A.58.107,28A.58.620, 28A.58.085, 28A.58.090, 28A.58.430, 28A.58.435, 28A.58.441, 28A.58.380, 28A.58.080, 28A.58.120, 28A.59.030, 28A.59.040, 28A.59.060, 28A.59.070, 28A.59.080, 28A.59.110, 28A.59.150, 28A.59.180, 28A.60.010, 28A.60.070, 28A.60.310, 28A.60.328, 28A.58.032, 28A.58.033, 28A.58.034, 28A.58.036, 28A.58.037, 28A.58.040, 28A.58.075, 28A.58.131, 28A.02.110, 28A.58.135, 28A.60.200, 28A.60.210, 28A.60.220, 28A.100.080, 28A.100.082, 28A.100.084, 28A.100.086, 28A.100.088, 28A.100.090, 28A.61.030, 28A.66.010, 28A.66.020, 28A.66.040, 28A.58.137, 28A.58.140, 28A.58.150, 28A.58.201, 28A.58.170, 28A.58.0951, 28A.58.1001, 28A.67.030, 28A.67.035, 28A.67.065, 28A.67.220, 28A.67.225, 28A.67.230, 28A.67.072, 28A.67.073, 28A.67.074, 28A.58.445, 28A.58.450, 28A.58.455, 28A.58.460, 28A.58.470, 28A.58.490, 28A.58.510, 28A.58.515, 28A.67.096, 28A.67.240, 28A.67.900, 28A.58.1003, 28A.70.110, 28A.70.160, 28A.70.170, 28A.70.180, 28A.02.260, 28A.70.402, 28A.70.406, 28A.71.100,28A.71.110, 28A.65.405, 28A.65.420, 28A.65.425, 28A.65.430, 28A.65.445, 28A.65.450, 28A.65.465, 28A.65.470, 28A.65.480, 28A.65.485, 28A.48.010, 28A.48.030, 28A.48.100, 28A.02.300, 28A.02.310, 28A.47.090, 28A.47.776, 28A.47.777, 28A.47.778, 28A.47.779, 28A.47.780, 28A.47.781, 28A.47.782, 28A.47.783, 28A.47.784, 28A.47.785, 28A.47.786, 28A.47.787, 28A.47.788, 28A.47.789, 28A.47.790, 28A.47.791, 28A.47.792, 28A.47.794, 28A.47.795, 28A.47.796, 28A.47.798, 28A.47.799, 28A.47.7991, 28A.47.801, 28A.47.802, 28A.47.803, 28A.47.804, 28A.47.805, 28A.47.807, 28A.47.808, 28A.47.809, 28A.47.810, 28A.47.811, 28A.47.830, 28A.47.842, 28A.47.843, 28A.47.844, 28A.47.845, 28A.47.846, 28A.47B.010, 28A.47B.020, 28A.47B.040, 28A.47B.050, 28A.47B.060, 28A.47B.070, 28A.47B.080, 28A.51.020, 28A.51.190, 28A.51.200, 28A.52.020, 28A.52.030, 28A.52.060, 28A.52.080, 28A.56.040, 28A.56.060, 28A.56.070, 28A.44.150, 28A.44.160,28A.44.180, 28A.44.190, 28A.44.200, 28A.44.210, 28A.44.220, 28A.44.230, 28A.58.101, 28A.58.1011, 28A.58.195, 28A.58.820, 28A.58.826, 28A.58.828, 28A.58.125, 28A.67.310, 28A.67.330, 28A.130.010, 28A.130.012, 28A.130.014, 28A.58.642, 28A.58.644, 28A.58.720, 28A.58.722, 28A.03.520, 28A.03.523, 28A.03.529, 28A.03.532, 28A.03.535, 28A.03.538, 28A.02.325, 28A.58.842, 28A.03.438, 28A.120.094, 28A.120.096, 28A.100.025, 28A.100.032, 28A.100.034, 28A.100.036, 28A.100.040, 28A.100.042, 28A.100.044, 28A.100.054, 28A.100.068, 28A.125.020, 28A.125.030, 28A.125.040, 28A.87.010, 28A.87.090, 28A.87.130, 28A.87.135, 28A.87.230, 28A.87.231, 28A.87.232, 28A.87.233, 28A.88.010, 28A.93.010, 28A.93.020, 28A.93.030, 28A.92.010, 28A.92.030, 28A.92.040, 13.04.145, 18.71.030, 18.118.010, 18.120.010, 19.27.080, 19.142.010, 28B.10.025, 28B.15.543, 28B.50.873, 28B.80.245, 28B.80.360, 29.13.020, 29.13.060, 31.12.125, 35.13.125,35.13.130, 39.33.070, 39.34.030, 41.04.655, 41.32.011, 41.59.935, 41.59.940, 42.23.030, 43.17.205, 43.17.210, 43.19.455, 43.43.845, 43.46.095, 43.63A.066, 43.70.900, 43.79.425, 43.99H.020, 43.230.010, 46.16.035, 46.61.385, 50.44.050, 69.50.435, 71A.20.050, 71A.20.070, 72.01.200, 72.05.130, 72.20.040, 74.09.524, 79.01.774, 84.09.037, 84.33.010, 84.33.020, 84.33.160, and 84.52.0531; reenacting and amending RCW 28A.02.201, 28A.04.120, 28A.58.099, 28A.67.070, 28A.70.040, 28A.58.246, 46.68.124, and 74.09.520; adding a new section to chapter 28A.900 RCW; creating new sections; recodifying Title 28A RCW; and decodifying RCW 28A.04.167, 28A.04.170, 28A.04.172, 28A.04.174, and 28A.70.900.

 

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

 

          NEW SECTION.  Sec. 1.     (1) The purpose of this act is to reorganize Title 28A RCW.  There are three goals to this reorganization:  (a) To place related sections in chapters organized by subject matter; (b) to make all terms gender neutral; and (c) to clarify existing language.  This act is technical in nature and is not intended to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of Title 28A RCW or other statutory provisions included in this act and rules adopted under those provisions.

          (2) This act shall not have the effect of terminating or in any way modifying any proceedings or liability, civil or criminal, which exists on the effective date of this section.

 

          NEW SECTION.  Sec. 2.     (1) The code reviser shall correct all statutory references to code sections recodified by section 4 of this act.

          (2)(a) References to "RCW 28A.47.732 through 28A.47.748" in Title 28A RCW have intentionally not been changed since those code sections were repealed by chapter 189, Laws of 1983.  These references are not being eliminated because it is not the purpose of this act to correct obsolete references.

          (b) References to "RCW 28A.58.095" in Title 28A RCW have intentionally not been changed since that code section was repealed by chapter 2, Laws of 1987 1st ex. sess.  These references are not being eliminated because it is not the purpose of this act to correct obsolete references.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 28A.900 RCW to read as follows:

          Subheadings as used in this act do not constitute any part of the law.

 

          NEW SECTION.  Sec. 4.     The following are each recodified:

 

                                                                              PART I

                                                             THE EDUCATION PROGRAMS

 

          1. GENERAL PROVISIONS

          A. Definitions

          28A.01.055 as 28A.150.010;

          28A.01.060 as 28A.150.020;

          28A.01.010 as 28A.150.030;

          28A.01.020 as 28A.150.040;

          28A.02.061 as 28A.150.050;

          28A.01.130 as 28A.150.060;

          28A.02.020 as 28A.150.070;

          28A.01.100 as 28A.150.080;

          28A.01.110 as 28A.150.090;

          28A.41.110 as 28A.150.100;

          B. The Basic Education Act

           28A.58.750 as 28A.150.200;

           28A.58.752 as 28A.150.210;

           28A.58.754 as 28A.150.220;

           28A.58.758 as 28A.150.230;

           28A.58.760 as 28A.150.240;

           28A.41.130 as 28A.150.250;

           28A.41.140 as 28A.150.260;

           28A.41.143 as 28A.150.270;

           28A.41.160 as 28A.150.280;

           28A.41.170 as 28A.150.290;

           28A.02.010 as 28A.150.295;

          C. Appropriations and Adjustments

           28A.41.145 as 28A.150.350;

           28A.41.150 as 28A.150.360;

           28A.41.162 as 28A.150.370;

           28A.41.050 as 28A.150.380;

           28A.41.053 as 28A.150.390;

           28A.41.055 as 28A.150.400;

           28A.41.112 as 28A.150.410;

           28A.41.172 as 28A.150.420;

           28A.41.175 as 28A.150.430;

          2. SPECIAL EDUCATION

           28A.13.005 as 28A.155.010;

           28A.13.010 as 28A.155.020;

           28A.13.020 as 28A.155.030;

           28A.13.030 as 28A.155.040;

           28A.13.040 as 28A.155.050;

           28A.13.045 as 28A.155.060;

           28A.13.050 as 28A.155.070;

           28A.13.060 as 28A.155.080;

           28A.13.070 as 28A.155.090;

           28A.13.080 as 28A.155.100;

           28A.03.300 as 28A.155.110;

           28A.03.310 as 28A.155.120;

           28A.03.320 as 28A.155.130;

           28A.03.367 as 28A.155.140;

          3. STUDENT TRANSPORTATION

           28A.24.055 as 28A.160.010;

           28A.24.065 as 28A.160.020;

           28A.24.100 as 28A.160.030;

           28A.24.110 as 28A.160.040;

            28A.24.111 as 28A.160.050;

           28A.24.112 as 28A.160.060;

           28A.24.120 as 28A.160.070;

           28A.24.170 as 28A.160.080;

           28A.24.172 as 28A.160.090;

           28A.24.175 as 28A.160.100;

           28A.24.178 as 28A.160.110;

           28A.24.180 as 28A.160.120;

           28A.58.428 as 28A.160.130;

           28A.58.133 as 28A.160.140;

           28A.41.505 as 28A.160.150;

           28A.41.510 as 28A.160.160;

           28A.41.515 as 28A.160.170;

           28A.41.520 as 28A.160.180;

           28A.41.525 as 28A.160.190;

           28A.41.540 as 28A.160.200;

           28A.04.131 as 28A.160.210;

           28A.41.180 as 28A.160.220;

          4. LEARNING ASSISTANCE PROGRAM

           28A.120.010 as 28A.165.010;

           28A.120.012 as 28A.165.020;

           28A.120.014 as 28A.165.030;

           28A.120.016 as 28A.165.040;

           28A.120.018 as 28A.165.050;

           28A.120.020 as 28A.165.060;

           28A.120.022 as 28A.165.070;

           28A.120.024 as 28A.165.080;

           28A.120.026 as 28A.165.090;

          5. SUBSTANCE ABUSE AWARENESS PROGRAM

           28A.120.030 as 28A.170.010;

           28A.120.032 as 28A.170.020;

           28A.120.034  as 28A.170.030;

           28A.120.036 as 28A.170.040;

           28A.120.038 as 28A.170.050;

           28A.120.040 as 28A.170.060;

           28A.120.050 as 28A.170.070;

           28A.120.080 as 28A.170.075;

           28A.120.082  as 28A.170.080;

           28A.120.084 as 28A.170.090;

           28A.120.086 as 28A.170.100;

          6. DROPOUT PREVENTION AND RETRIEVAL PROGRAM

           28A.58.087 as 28A.175.010;

           28A.120.060 as 28A.175.020;

           28A.120.062 as 28A.175.030;

           28A.120.064 as 28A.175.040;

           28A.120.068 as 28A.175.050;

           28A.120.070 as 28A.175.060;

           28A.120.072 as 28A.175.070;

           28A.120.090 as 28A.175.080;

           28A.120.092  as 28A.175.090;

          7. TRANSITIONAL BILINGUAL INSTRUCTION PROGRAM

           28A.58.800 as 28A.180.010;

           28A.58.801 as 28A.180.020;

           28A.58.802 as 28A.180.030;

           28A.58.804 as 28A.180.040;

           28A.58.806 as 28A.180.050;

           28A.58.808 as 28A.180.060;

           28A.58.809 as 28A.180.070;

           28A.58.810 as 28A.180.080;

          8. HIGHLY CAPABLE

           28A.16.040 as 28A.185.010;

           28A.16.050 as 28A.185.020;

           28A.16.060 as 28A.185.030;

           28A.58.217 as 28A.185.040;

          9. RESIDENTIAL EDUCATION PROGRAMS

           28A.58.765 as 28A.190.010;

           28A.58.770 as 28A.190.020;

           28A.58.772 as 28A.190.030;

           28A.58.774 as 28A.190.040;

           28A.58.776 as 28A.190.050;

           28A.58.778 as 28A.190.060;

          10. PRIVATE SCHOOLS

           28A.02.201 as 28A.195.010;

           28A.02.220 as 28A.195.020;

           28A.02.230 as 28A.195.030;

           28A.02.240 as 28A.195.040;

           28A.02.250 as 28A.195.050;

           28A.48.055 as 28A.195.060;

          11. HOME-BASED INSTRUCTION

           28A.27.310 as 28A.200.010;

           28A.27.320 as 28A.200.020;

          12. EDUCATIONAL CLINICS

           28A.97.010 as 28A.205.010;

           28A.97.020 as 28A.205.020;

           28A.97.030 as 28A.205.030;

           28A.97.040 as 28A.205.040;

           28A.97.050 as 28A.205.050;

           28A.97.110 as 28A.205.060;

           28A.97.120 as 28A.205.070;

           28A.97.125 as 28A.205.080;

           28A.97.130 as 28A.205.090;

          13. HEALTH--SCREENING AND REQUIREMENTS

           28A.31.005 as 28A.210.005;

           28A.31.010 as 28A.210.010;

           28A.31.030 as 28A.210.020;

           28A.31.040 as 28A.210.030;

           28A.31.050 as 28A.210.040;

           28A.31.060 as 28A.210.050;

           28A.31.100 as 28A.210.060;

           28A.31.102 as 28A.210.070;

           28A.31.104 as 28A.210.080;

           28A.31.106 as 28A.210.090;

           28A.31.110 as 28A.210.100;

           28A.31.112 as 28A.210.110;

           28A.31.114 as 28A.210.120;

           28A.31.115 as 28A.210.130;

           28A.31.116 as 28A.210.140;

           28A.31.117 as 28A.210.150;

           28A.31.118 as 28A.210.160;

           28A.31.120 as 28A.210.170;

           28A.31.130 as 28A.210.180;

           28A.31.132 as 28A.210.190;

           28A.31.134 as 28A.210.200;

           28A.31.136 as 28A.210.210;

           28A.31.138 as 28A.210.220;

           28A.31.139 as 28A.210.230;

           28A.31.140 as 28A.210.240;

           28A.31.142 as 28A.210.250;

           28A.31.150 as 28A.210.260;

           28A.31.155 as 28A.210.270;

           28A.31.160 as 28A.210.280;

           28A.31.165 as 28A.210.290;

           28A.60.320 as 28A.210.300;

           28A.31.170 as 28A.210.310;

          14. EARLY CHILDHOOD, PRESCHOOLS, AND BEFORE-AND-AFTER SCHOOL CARE

          A. Nursery Schools, Preschools, and Before-and-After School Care

           28A.34.010 as 28A.215.010;

           28A.34.020 as 28A.215.020;

           28A.34.040 as 28A.215.030;

           28A.34.050 as 28A.215.040;

           28A.34.150 as 28A.215.050;

          B. Early Childhood Assistance Program

           28A.34A.010 as 28A.215.100;

           28A.34A.020 as 28A.215.110;

           28A.34A.030 as 28A.215.120;

           28A.34A.040 as 28A.215.130;

           28A.34A.050 as 28A.215.140;

           28A.34A.060 as 28A.215.150;

           28A.34A.070 as 28A.215.160;

           28A.34A.080 as 28A.215.170;

           28A.34A.090 as 28A.215.180;

           28A.34A.100 as 28A.215.190;

           28A.34A.110 as 28A.215.200;

           28A.34A.900 as 28A.215.904;

           28A.34A.904 as 28A.215.900;

           28A.34A.906 as 28A.215.906;

           28A.34A.908 as 28A.215.908;

          C. Voluntary Accreditation of Preschools

           28A.34.100 as 28A.215.300;

           28A.34.110 as 28A.215.310;

           28A.34.120 as 28A.215.320;

           28A.34.130 as 28A.215.330;

          15. TRAFFIC SAFETY

           28A.08.005 as 28A.220.010;

           28A.08.010 as 28A.220.020;

           28A.08.020 as 28A.220.030;

           28A.08.070 as 28A.220.040;

           28A.08.080 as 28A.220.050;

           28A.08.900 as 28A.220.900;

          16. COMPULSORY SCHOOL ATTENDANCE AND ADMISSION

           28A.27.010 as 28A.225.010;

           28A.27.020 as 28A.225.020;

           28A.27.022 as 28A.225.030;

           28A.27.030 as 28A.225.040;

           28A.27.040 as 28A.225.050;

           28A.27.070 as 28A.225.060;

           28A.27.080 as 28A.225.070;

           28A.27.090 as 28A.225.080;

           28A.27.100 as 28A.225.090;

           28A.27.102 as 28A.225.100;

           28A.27.104 as 28A.225.110;

           28A.27.110 as 28A.225.120;

           28A.27.120 as 28A.225.130;

           28A.27.130 as 28A.225.140;

           28A.27.140 as 28A.225.150;

           28A.58.190 as 28A.225.160;

           28A.58.210 as 28A.225.170;

           28A.58.215 as 28A.225.180;

           28A.58.220 as 28A.225.190;

           28A.58.225 as 28A.225.200;

           28A.58.230 as 28A.225.210;

           28A.58.235 as 28A.225.215;

           28A.58.240 as 28A.225.220;

           28A.58.242 as 28A.225.230;

           28A.58.243 as 28A.225.240;

           28A.58.245 as 28A.225.250;

           28A.58.250 as 28A.225.260;

          17. COMPULSORY COURSEWORK AND ACTIVITIES

           28A.05.005 as 28A.230.010;

           28A.05.010 as 28A.230.020;

           28A.05.015 as 28A.230.030;

           28A.05.030 as 28A.230.040;

           28A.05.040 as 28A.230.050;

           28A.05.050 as 28A.230.060;

           28A.05.055 as 28A.230.070;

           28A.58.255 as 28A.230.080;

           28A.05.060 as 28A.230.090;

           28A.05.062 as 28A.230.100;

           28A.05.064 as 28A.230.110;

           28A.58.108 as 28A.230.120;

           28A.05.070 as 28A.230.130;

           28A.02.030 as 28A.230.140;

           28A.02.090 as 28A.230.150;

           28A.02.070 as 28A.230.160;

           28A.02.080 as 28A.230.170;

           28A.58.535 as 28A.230.180;

           28A.03.360 as 28A.230.190;

           28A.03.365 as 28A.230.200;

           28A.03.370 as 28A.230.210;

          18. FOOD SERVICES

           28A.29.010 as 28A.235.010;

           28A.29.020 as 28A.235.020;

           28A.29.030 as 28A.235.030;

           28A.30.010 as 28A.235.040;

           28A.30.020 as 28A.235.050;

           28A.30.030 as 28A.235.060;

           28A.30.040 as 28A.235.070;

           28A.30.050 as 28A.235.080;

           28A.30.060 as 28A.235.090;

           28A.30.070 as 28A.235.100;

           28A.30.080 as 28A.235.110;

           28A.58.136 as 28A.235.120;

           28A.31.020 as 28A.235.130;

           28A.29.040 as 28A.235.140;

          19. SCHOOL-BASED MANAGEMENT

           28A.03.423 as 28A.240.010;

           28A.58.081 as 28A.240.020;

           28A.58.082 as 28A.240.030;

 

                                                                             PART II

                                                                       ORGANIZATION

 

          20. SUPERINTENDENT OF PUBLIC INSTRUCTION

           28A.03.010 as 28A.300.010;

           28A.03.020 as 28A.300.020;

           28A.03.028 as 28A.300.030;

           28A.03.030 as 28A.300.040;

           28A.03.375 as 28A.300.050;

           28A.03.350 as 28A.300.060;

           28A.02.100 as 28A.300.070;

           28A.03.415 as 28A.300.080;

           28A.03.417 as 28A.300.090;

           28A.03.419 as 28A.300.100;

           28A.03.425 as 28A.300.110;

           28A.03.500 as 28A.300.120;

           28A.03.510 as 28A.300.130;

           28A.03.511 as 28A.300.140;

           28A.03.512 as 28A.300.150;

           28A.03.514 as 28A.300.160;

           28A.41.040 as 28A.300.170;

           28A.67.270 as 28A.300.180;

          21. STATE BOARD OF EDUCATION

           28A.04.010 as 28A.305.010;

           28A.04.020 as 28A.305.020;

           28A.04.030 as 28A.305.030;

           28A.04.040 as 28A.305.040;

           28A.04.050 as 28A.305.050;

           28A.04.060 as 28A.305.060;

           28A.04.065 as 28A.305.070;

           28A.04.070 as 28A.305.080;

           28A.04.080 as 28A.305.090;

           28A.04.090 as 28A.305.100;

           28A.04.100 as 28A.305.110;

           28A.04.110 as 28A.305.120;

           28A.04.120 as 28A.305.130;

           28A.04.127 as 28A.305.140;

           28A.04.130 as 28A.305.150;

           28A.04.132 as 28A.305.160;

           28A.04.133 as 28A.305.170;

           28A.04.134 as 28A.305.180;

           28A.04.135 as 28A.305.190;

           28A.04.140 as 28A.305.200;

           28A.04.145 as 28A.305.210;

           28A.04.155 as 28A.305.220;

           28A.04.165 as 28A.305.230;

           28A.04.176 as 28A.305.240;

           28A.04.178 as 28A.305.250;

           28A.67.250 as 28A.305.260;

           28A.67.260 as 28A.305.270;

          22. EDUCATIONAL SERVICE DISTRICTS

           28A.21.010 as 28A.310.010;

           28A.21.020 as 28A.310.020;

           28A.21.030 as 28A.310.030;

           28A.21.0303 as 28A.310.040;

           28A.21.0304 as 28A.310.050;

           28A.21.0305 as 28A.310.060;

           28A.21.0306 as 28A.310.070;

           28A.21.031 as 28A.310.080;

           28A.21.032 as 28A.310.090;

           28A.21.033 as 28A.310.100;

           28A.21.034 s 28A.310.110;

           28A.21.035 as 28A.310.120;

           28A.21.037 as 28A.310.130;

           28A.21.040 as 28A.310.140;

           28A.21.050 as 28A.310.150;

           28A.21.060 as 28A.310.160;

           28A.21.071 as 28A.310.170;

           28A.21.086 as 28A.310.180;

           28A.21.088 as 28A.310.190;

           28A.21.090 as 28A.310.200;

           28A.21.092 as 28A.310.210;

           28A.21.095 as 28A.310.220;

           28A.21.100 as 28A.310.230;

           28A.21.102 as 28A.310.240;

           28A.21.105 as 28A.310.250;

           28A.21.106 as 28A.310.260;

           28A.21.110 as 28A.310.270;

           28A.21.111 as 28A.310.280;

           28A.21.112 as 28A.310.290;

           28A.21.113 as 28A.310.300;

           28A.21.120 as 28A.310.310;

           28A.21.130 as 28A.310.320;

           28A.21.135 as 28A.310.330;

           28A.21.136 as 28A.310.340;

           28A.21.137 as 28A.310.350;

           28A.21.138 as 28A.310.360;

           28A.21.140 as 28A.310.370;

           28A.21.160 as 28A.310.380;

           28A.21.170 as 28A.310.390;

           28A.21.195 as 28A.310.400;

           28A.21.200 as 28A.310.410;

           28A.21.210 as 28A.310.420;

           28A.21.220 as 28A.310.430;

           28A.21.255 as 28A.310.440;

           28A.21.300 as 28A.310.450;

           28A.21.310 as 28A.310.460;

           28A.21.350 as 28A.310.470;

           28A.21.355 as 28A.310.480;

           28A.21.360 as 28A.310.490;

           28A.21.900 as 28A.310.900;

          23. ORGANIZATION AND REORGANIZATION OF SCHOOL DISTRICTS

           28A.57.010 as 28A.315.010;

           28A.57.020 as 28A.315.020;

           28A.57.029 as 28A.315.030;

           28A.57.030 as 28A.315.040;

           28A.57.031 as 28A.315.050;

           28A.57.032 as 28A.315.060;

           28A.57.033 as 28A.315.070;

           28A.57.034 as 28A.315.080;

           28A.57.035 as 28A.315.090;

           28A.57.040 as 28A.315.100;

           28A.57.050 as 28A.315.110;

           28A.57.055 as 28A.315.120;

           28A.57.057 as 28A.315.130;

           28A.57.060 as 28A.315.140;

           28A.57.070 as 28A.315.150;

           28A.57.075 as 28A.315.160;

           28A.57.080 as 28A.315.170;

           28A.57.090 as 28A.315.180;

           28A.57.100 as 28A.315.190;

           28A.57.110 as 28A.315.200;

           28A.57.120 as 28A.315.210;

           28A.57.130 as 28A.315.220;

           28A.57.140 as 28A.315.230;

           28A.57.145 as 28A.315.240;

           28A.57.150 as 28A.315.250;

           28A.57.160 as 28A.315.260;

           28A.57.170 as 28A.315.270;

           28A.57.180 as 28A.315.280;

           28A.57.190 as 28A.315.290;

           28A.57.195 as 28A.315.300;

           28A.57.196 as 28A.315.310;

           28A.57.200 as 28A.315.320;

           28A.57.210 as 28A.315.330;

           28A.57.220 as 28A.315.340;

           28A.57.230 as 28A.315.350;

           28A.57.240 as 28A.315.360;

           28A.57.245 as 28A.315.370;

           28A.57.250 as 28A.315.380;

           28A.57.255 as 28A.315.390;

           28A.57.260 as 28A.315.400;

           28A.57.270 as 28A.315.410;

           28A.57.280 as 28A.315.420;

           28A.57.290 as 28A.315.430;

           28A.57.300 as 28A.315.440;

           28A.57.312 as 28A.315.450;

           28A.57.313 as 28A.315.460;

           28A.57.314 as 28A.315.470;

           28A.57.316 as 28A.315.480;

           28A.57.318 as 28A.315.490;

           28A.57.322 as 28A.315.500;

           28A.57.324 as 28A.315.510;

           28A.57.325 as 28A.315.520;

           28A.57.326 as 28A.315.530;

           28A.57.327 as 28A.315.540;

           28A.57.328 as 28A.315.550;

           28A.57.334 as 28A.315.560;

           28A.57.336 as 28A.315.570;

           28A.57.342 as 28A.315.580;

           28A.57.344 as 28A.315.590;

           28A.57.355 as 28A.315.600;

           28A.57.356 as 28A.315.610;

           28A.57.357 as 28A.315.620;

           28A.57.358 as 28A.315.630;

           28A.57.390 as 28A.315.640;

           28A.57.410 as 28A.315.650;

           28A.57.415 as 28A.315.660;

           28A.57.425 as 28A.315.670;

           28A.57.435 as 28A.315.680;

           28A.58.600 as 28A.315.690;

           28A.58.601 as 28A.315.700;

           28A.58.602 as 28A.315.710;

           28A.58.603 as 28A.315.720;

           28A.57.900 as 28A.315.900;

          24. PROVISIONS APPLICABLE TO ALL DISTRICTS

          A. District Powers

           28A.58.010 as 28A.320.010;

           28A.58.020 as 28A.320.020;

           28A.58.030 as 28A.320.030;

           28A.58.110 as 28A.320.040;

           28A.58.310 as 28A.320.050;

           28A.58.630 as 28A.320.060;

           28A.58.410 as 28A.320.070;

           28A.58.107 as 28A.320.080;

           28A.58.610 as 28A.320.090;

           28A.58.620 as 28A.320.100;

           28A.58.530 as 28A.320.110;

          B. Program Evaluation

           28A.58.085 as 28A.320.200;

           28A.58.090 as 28A.320.210;

           28A.58.094 as 28A.320.220;

           28A.58.103 as 28A.320.230;

           28A.58.104 as 28A.320.240;

          C. Deposit, Investment of Funds, and Use of Proceeds

           28A.58.430 as 28A.320.300;

           28A.58.435 as 28A.320.310;

           28A.58.440 as 28A.320.320;

           28A.58.441 as 28A.320.330;

          D. Electors--Qualifications, Voting Place, and Special Meetings

           28A.58.520 as 28A.320.400;

           28A.58.521 as 28A.320.410;

           28A.58.370 as 28A.320.420;

           28A.58.380 as 28A.320.430;

           28A.58.390 as 28A.320.440;

          E. Summer School, Night School, Extracurricular Activities, and Athletics

           28A.58.080 as 28A.320.500;

           28A.58.105 as 28A.320.510;

          25. ASSOCIATED STUDENT BODIES

           28A.58.113 as 28A.325.010;

           28A.58.115 as 28A.325.020;

           28A.58.120 as 28A.325.030;

          26. PROVISIONS APPLICABLE TO SCHOOL DISTRICTS

          A. Provisions Applicable Only to First Class School Districts

           28A.59.030 as 28A.330.010;

           28A.59.040 as 28A.330.020;

           28A.59.050 as 28A.330.030;

           28A.59.060 as 28A.330.040;

           28A.59.070 as 28A.330.050;

           28A.59.080 as 28A.330.060;

           28A.59.100 as 28A.330.070;

           28A.59.110 as 28A.330.080;

           28A.59.150 as 28A.330.090;

           28A.59.180 as 28A.330.100;

           28A.59.185 as 28A.330.110;

          B. Provisions Applicable Only to Second Class School Districts

           28A.60.010 as 28A.330.200;

           28A.60.070 as 28A.330.210;

           28A.60.310 as 28A.330.220;

           28A.60.328 as 28A.330.230;

           28A.60.360 as 28A.330.240;

          27. SCHOOL DISTRICTS' PROPERTY  ACQUISITION, OPERATION, CLOSURE, AND DISPOSAL

           28A.58.102 as 28A.335.010;

           28A.58.031 as 28A.335.020;

           28A.58.032 as 28A.335.030;

           28A.58.033 as 28A.335.040;

           28A.58.034 as 28A.335.050;

           28A.58.035 as 28A.335.060;

           28A.58.036 as 28A.335.070;

           28A.58.037 as 28A.335.080;

           28A.58.040 as 28A.335.090;

           28A.58.0401 as 28A.335.100;

           28A.58.044 as 28A.335.110;

           28A.58.045 as 28A.335.120;

           28A.58.0461 as 28A.335.130;

           28A.58.047 as 28A.335.140;

           28A.58.048 as 28A.335.150;

           28A.58.075 as 28A.335.160;

           28A.58.131 as 28A.335.170;

           28A.02.110 as 28A.335.180;

           28A.58.135 as 28A.335.190;

           28A.58.550 as 28A.335.200;

           28A.58.055 as 28A.335.210;

           28A.58.070 as 28A.335.220;

           28A.47.105 as 28A.335.230;

           28A.60.181 as 28A.335.240;

           28A.60.190 as 28A.335.250;

           28A.60.200 as 28A.335.260;

           28A.60.210 as 28A.335.270;

           28A.60.220 as 28A.335.280;

           28A.60.350 as 28A.335.290;

          28. SMALL HIGH SCHOOL COOPERATIVE PROJECTS

           28A.100.080 as 28A.340.010;

           28A.100.082 as 28A.340.020;

           28A.100.084 as 28A.340.030;

           28A.100.086 as 28A.340.040;

           28A.100.088 as 28A.340.050;

           28A.100.090 as 28A.340.060;

           28A.100.092 as 28A.340.070;

          29. WASHINGTON STATE SCHOOL DIRECTORS' ASSOCIATION

           28A.61.010 as 28A.345.010;

           28A.61.020 as 28A.345.020;

           28A.61.030 as 28A.345.030;

           28A.61.040 as 28A.345.040;

           28A.61.050 as 28A.345.050;

           28A.61.070 as 28A.345.060;

           28A.61.900 as 28A.345.900;

           28A.61.910 as 28A.345.902;

          30. SCHOOL DISTRICT WARRANTS--AUDITORS' DUTIES

           28A.66.010 as 28A.350.010;

           28A.66.020 as 28A.350.020;

           28A.66.030 as 28A.350.030;

           28A.66.040 as 28A.350.040;

           28A.66.050 as 28A.350.050;

           28A.66.070 as 28A.350.060;

           28A.66.080 as 28A.350.070;

 

                                                                            PART III

                                                                         EMPLOYEES

 

          31. EMPLOYEES

          A. Superintendents

           28A.58.137 as 28A.400.010;

           28A.58.140 as 28A.400.020;

           28A.58.150 as 28A.400.030;

          B. Principals

           28A.58.160 as 28A.400.100;

           28A.58.201 as 28A.400.110;

          C. Delivery of Materials to Successors

           28A.58.170 as 28A.400.150;

          D. Salary and Compensation

           28A.58.0951 as 28A.400.200;

           28A.58.096 as 28A.400.210;

           28A.58.098 as 28A.400.220;

           28A.58.730 as 28A.400.230;

           28A.58.740 as 28A.400.240;

           28A.58.560 as 28A.400.250;

           28A.58.565 as 28A.400.260;

          E. Hiring and Discharge

           28A.58.099 as 28A.400.300;

           28A.02.050 as 28A.400.310;

           28A.58.1001 as 28A.400.320;

           28A.58.1002 as 28A.400.330;

          F. Insurance

           28A.58.420 as 28A.400.350;

           28A.58.423 as 28A.400.360;

           28A.58.425 as 28A.400.370;

           28A.58.0991 as 28A.400.380;

          32. CERTIFICATED EMPLOYEES

          A. Qualifications

           28A.67.010 as 28A.405.010;

           28A.67.020 as 28A.405.020;

           28A.67.110 as 28A.405.030;

           28A.67.030 as 28A.405.040;

           28A.67.035 as 28A.405.050;

           28A.67.060 as 28A.405.060;

           28A.58.580 as 28A.405.070;

          B. Criteria for Evaluation and Model Programs

           28A.67.065 as 28A.405.100;

           28A.67.205 as 28A.405.110;

           28A.67.210 as 28A.405.120;

           28A.67.215 as 28A.405.130;

           28A.67.220 as 28A.405.140;

           28A.67.225 as 28A.405.150;

           28A.67.230 as 28A.405.160;

          C. Conditions and Contracts of Employment

           28A.67.066 as 28A.405.200;

           28A.67.070 as 28A.405.210;

           28A.67.072 as 28A.405.220;

           28A.67.073 as 28A.405.230;

           28A.67.074 as 28A.405.240;

           28A.58.445 as 28A.405.250;

          D. Adverse Change in Contract

           28A.58.450 as 28A.405.300;

           28A.58.455 as 28A.405.310;

           28A.58.460 as 28A.405.320;

           28A.58.470 as 28A.405.330;

           28A.58.480 as 28A.405.340;

           28A.58.490 as 28A.405.350;

           28A.58.500 as 28A.405.360;

           28A.58.510 as 28A.405.370;

           28A.58.515 as 28A.405.380;

          E. Payroll Deduction

           28A.67.095 as 28A.405.400;

           28A.67.096 as 28A.405.410;

          F. Teacher Assistance Program

           28A.67.240 as 28A.405.450;

           28A.58.275 as 28A.405.460;

           28A.67.900 as 28A.405.900;

          G. Termination of Certificated Staff

           28A.58.1003 as 28A.405.470;

          33. CERTIFICATION

           28A.70.005 as 28A.410.010;

           28A.04.122 as 28A.410.020;

           28A.70.010 as 28A.410.030;

           28A.70.040 as 28A.410.040;

           28A.70.042 as 28A.410.050;

           28A.70.110 as 28A.410.060;

           28A.70.130 as 28A.410.070;

           28A.01.025 as 28A.410.080;

           28A.70.160 as 28A.410.090;

           28A.70.170 as 28A.410.100;

           28A.70.180 as 28A.410.110;

           28A.02.260 as 28A.410.120;

           28A.87.020 as 28A.410.130;

           28A.70.395 as 28A.410.140;

           28A.70.400 as 28A.410.150;

           28A.70.402 as 28A.410.160;

           28A.70.404 as 28A.410.170;

           28A.70.406 as 28A.410.180;

           28A.70.408 as 28A.410.190;

           28A.70.900 as 28A.410.900;

          34. TEACHERS' INSTITUTES, WORKSHOPS, AND OTHER IN- SERVICE TRAINING

           28A.71.100 as 28A.415.010;

           28A.71.110 as 28A.415.020;

           28A.71.200 as 28A.415.030;

           28A.71.210 as 28A.415.040;

           28A.71.220 as 28A.415.050;

 

                                                                             PART IV

                                                                            FINANCE

 

          35. LOCAL EFFORT ASSISTANCE

           28A.41.155 as 28A.500.010;

          36. SCHOOL DISTRICT BUDGETS

           28A.65.400 as 28A.505.010;

           28A.65.405 as 28A.505.020;

           28A.65.410 as 28A.505.030;

           28A.65.415 as 28A.505.040;

           28A.65.420 as 28A.505.050;

           28A.65.425 as 28A.505.060;

           28A.65.430 as 28A.505.070;

           28A.65.435 as 28A.505.080;

           28A.65.440 as 28A.505.090;

           28A.65.445 as 28A.505.100;

           28A.65.450 as 28A.505.110;

           28A.65.455 as 28A.505.120;

           28A.65.460 as 28A.505.130;

           28A.65.465 as 28A.505.140;

           28A.65.470 as 28A.505.150;

           28A.65.475 as 28A.505.160;

           28A.65.480 as 28A.505.170;

           28A.65.485 as 28A.505.180;

           28A.65.490 as 28A.505.190;

          37. APPORTIONMENT TO DISTRICT--DISTRICT ACCOUNTING

           28A.48.010 as 28A.510.250;

           28A.48.030 as 28A.510.260;

           28A.48.100 as 28A.510.270;

          38. COMMON SCHOOL CONSTRUCTION FUND

           28A.40.010 as 28A.515.300;

           28A.40.020 as 28A.515.310;

           28A.40.100 as 28A.515.320;

          39. FOREST RESERVE FUNDS DISTRIBUTION

           28A.02.300 as 28A.520.010;

           28A.02.310 as 28A.520.020;

          40. BOND ISSUES

           28A.47.050 as 28A.525.010;

           28A.47.060 as 28A.525.020;

           28A.47.073 as 28A.525.030;

           28A.47.075 as 28A.525.040;

           28A.47.080 as 28A.525.050;

           28A.47.090 as 28A.525.060;

           28A.47.100 as 28A.525.070;

           28A.47.120 as 28A.525.080;

           28A.47.775 as 28A.525.100;

           28A.47.776 as 28A.525.102;

           28A.47.777 as 28A.525.104;

           28A.47.778 as 28A.525.106;

           28A.47.779 as 28A.525.108;

           28A.47.780 as 28A.525.110;

           28A.47.781 as 28A.525.112;

           28A.47.782 as 28A.525.114;

           28A.47.783 as 28A.525.116;

           28A.47.784 as 28A.525.120;

           28A.47.785 as 28A.525.122;

           28A.47.786 as 28A.525.124;

           28A.47.787 as 28A.525.126;

           28A.47.788 as 28A.525.128;

           28A.47.789 as 28A.525.130;

           28A.47.790 as 28A.525.132;

           28A.47.791 as 28A.525.134;

           28A.47.792 as 28A.525.140;

           28A.47.793 as 28A.525.142;

           28A.47.794 as 28A.525.144;

           28A.47.795 as 28A.525.146;

           28A.47.796 as 28A.525.148;

           28A.47.797 as 28A.525.150;

           28A.47.798 as 28A.525.152;

           28A.47.799 as 28A.525.154;

           28A.47.7991 as 28A.525.156;

           28A.47.7992 as 28A.525.158;

           28A.47.800 as 28A.525.160;

           28A.47.801 as 28A.525.162;

           28A.47.802 as 28A.525.164;

           28A.47.803 as 28A.525.166;

           28A.47.804 as 28A.525.168;

           28A.47.805 as 28A.525.170;

           28A.47.806 as 28A.525.172;

           28A.47.807 as 28A.525.174;

           28A.47.808 as 28A.525.176;

           28A.47.809 as 28A.525.178;

           28A.47.810 as 28A.525.180;

           28A.47.811 as 28A.525.182;

           28A.47.820 as 28A.525.190;

           28A.47.830 as 28A.525.200;

           28A.47.840 as 28A.525.210;

           28A.47.841 as 28A.525.212;

           28A.47.842 as 28A.525.214;

           28A.47.843 as 28A.525.216;

           28A.47.844 as 28A.525.218;

           28A.47.845 as 28A.525.220;

           28A.47.846 as 28A.525.222;

           28A.47B.010 as 28A.525.230;

           28A.47B.020 as 28A.525.240;

           28A.47B.030 as 28A.525.250;

           28A.47B.040 as 28A.525.260;

           28A.47B.050 as 28A.525.270;

           28A.47B.060 as 28A.525.280;

           28A.47B.070 as 28A.525.290;

           28A.47B.080 as 28A.525.300;

          41. DISTRICT BONDS FOR LAND, BUILDINGS, AND EQUIPMENT

           28A.51.010 as 28A.530.010;

           28A.51.020 as 28A.530.020;

           28A.51.070 as 28A.530.030;

           28A.51.180 as 28A.530.040;

           28A.51.190 as 28A.530.050;

           28A.51.200 as 28A.530.060;

           28A.51.220 as 28A.530.070;

          42. VALIDATING INDEBTEDNESS

           28A.52.010 as 28A.535.010;

           28A.52.020 as 28A.535.020;

           28A.52.030 as 28A.535.030;

           28A.52.040 as 28A.535.040;

           28A.52.050 as 28A.535.050;

           28A.52.060 as 28A.535.060;

           28A.52.070 as 28A.535.070;

           28A.52.080 as 28A.535.080;

          43. CAPITAL FUND AID BY NONHIGH DISTRICTS

           28A.56.005 as 28A.540.010;

           28A.56.010 as 28A.540.020;

           28A.56.020 as 28A.540.030;

           28A.56.030 as 28A.540.040;

           28A.56.040 as 28A.540.050;

           28A.56.050 as 28A.540.060;

           28A.56.060 as 28A.540.070;

           28A.56.070 as 28A.540.080;

           28A.56.075 as 28A.540.090;

           28A.56.170 as 28A.540.100;

           28A.56.200 as 28A.540.110;

          44. PAYMENT TO HIGH SCHOOL DISTRICTS

           28A.44.045 as 28A.545.010;

           28A.44.095 as 28A.545.020;

           28A.44.150 as 28A.545.030;

           28A.44.160 as 28A.545.040;

           28A.44.170 as 28A.545.050;

           28A.44.180 as 28A.545.060;

           28A.44.190 as 28A.545.070;

           28A.44.200 as 28A.545.080;

           28A.44.210 as 28A.545.090;

           28A.44.220 as 28A.545.100;

           28A.44.230 as 28A.545.110;

          45. STATE SCHOOL EQUALIZATION FUND

           28A.46.010 as 28A.550.010;

 

                                                                             PART V

                                                    STUDENTS, PARENTS, AND COMMUNITY

 

          46. STUDENTS

           28A.58.101 as 28A.600.010;

           28A.58.1011 as 28A.600.020;

           28A.58.195 as 28A.600.030;

           28A.58.200 as 28A.600.040;

           28A.03.440 as 28A.600.050;

           28A.03.442 as 28A.600.060;

           28A.03.444 as 28A.600.070;

           28A.03.446 as 28A.600.080;

           28A.58.820 as 28A.600.100;

           28A.58.822 as 28A.600.110;

           28A.58.824 as 28A.600.120;

           28A.58.826 as 28A.600.130;

           28A.58.828 as 28A.600.140;

           28A.58.830 as 28A.600.150;

           28A.58.125 as 28A.600.200;

           28A.67.300 as 28A.600.210;

           28A.67.310 as 28A.600.220;

           28A.67.320 as 28A.600.230;

           28A.67.330 as 28A.600.240;

          47. PARENT ACCESS

           28A.58.050 as 28A.605.010;

           28A.58.053 as 28A.605.020;

          48. PROJECT EVEN START

           28A.130.010 as 28A.610.010;

           28A.130.012 as 28A.610.020;

           28A.130.014 as 28A.610.030;

           28A.130.016 as 28A.610.040;

           28A.130.018 as 28A.610.050;

           28A.130.020 as 28A.610.060;

          49. SCHOOL INVOLVEMENT PROGRAM

           28A.58.640 as 28A.615.010;

           28A.58.642 as 28A.615.020;

           28A.58.644 as 28A.615.030;

           28A.58.646 as 28A.615.040;

           28A.58.648 as 28A.615.050;

           28A.03.550 as 28A.615.060;

          50. COMMUNITY EDUCATION PROGRAM

           28A.58.246 as 28A.620.010;

           28A.58.247 as 28A.620.020;

          51. MEAL PROGRAM FOR THE ELDERLY

           28A.58.720 as 28A.623.010;

           28A.58.722 as 28A.623.020;

           28A.58.724 as 28A.623.030;

 

                                                                             PART VI

                                                         AWARDS AND SPECIAL PROJECTS

 

          52. AWARDS

          A. Excellence in Education Awards

           28A.03.520 as 28A.625.010;

           28A.03.523 as 28A.625.020;

           28A.03.526 as 28A.625.030;

           28A.03.529 as 28A.625.040;

           28A.03.532 as 28A.625.050;

           28A.03.535 as 28A.625.060;

           28A.03.538 as 28A.625.070;

          B. Employee Suggestion Program

           28A.02.320 as 28A.625.100;

           28A.02.325 as 28A.625.110;

          C. Commendable Employee Service and Recognition Award

           28A.58.842 as 28A.625.150;

          D. Mathematics, Engineering, and Science Achievement Award

           28A.03.430 as 28A.625.200;

           28A.03.432 as 28A.625.210;

           28A.03.434 as 28A.625.220;

           28A.03.436 as 28A.625.230;

           28A.03.438 as 28A.625.240;

          E. School Improvement and Research Projects

           28A.67.115 as 28A.625.300;

          53. TEMPORARY PROVISIONS--SPECIAL PROJECTS

          A. Educational Outcomes

           28A.100.017 as 28A.630.010;

           28A.100.018 as 28A.630.020;

           28A.100.019 as 28A.630.030;

           28A.100.020 as 28A.630.040;

           28A.120.094 as 28A.630.050;

           28A.120.096 as 28A.630.060;

           28A.100.025 as 28A.630.090;

           28A.100.026 as 28A.630.091;

          B. Schools for the Twenty-First Century

           28A.100.030 as 28A.630.100;

           28A.100.032 as 28A.630.110;

           28A.100.034 as 28A.630.120;

           28A.100.036 as 28A.630.130;

           28A.100.038 as 28A.630.140;

           28A.100.040 as 28A.630.150;

           28A.100.042 as 28A.630.160;

           28A.100.044 as 28A.630.170;

           28A.100.048 as 28A.630.180;

           28A.100.050 as 28A.630.190;

           28A.100.052 as 28A.630.200;

           28A.100.054 as 28A.630.210;

           28A.100.056 as 28A.630.220;

           28A.100.058 as 28A.630.230;

           28A.100.068 as 28A.630.290;

          C. International Education

           28A.125.010 as 28A.630.300;

           28A.125.020 as 28A.630.310;

           28A.125.030 as 28A.630.320;

           28A.125.040 as 28A.630.330;

           28A.125.100 as 28A.630.340;

           28A.125.900 as 28A.630.390;

          D. Development of Educational Paraprofessional Training Program

           28A.04.180 as 28A.630.400;

          E. Temporary Provisions

           28A.67.120 as 28A.630.800;

           28A.120.800 as 28A.630.810;

 

                                                                            PART VII

                                                                     MISCELLANEOUS

 

          54. OFFENSES RELATING TO SCHOOLS AND SCHOOL PERSONNEL--PENALTIES

           28A.87.010 as 28A.635.010;

           28A.87.055 as 28A.635.020;

           28A.87.060 as 28A.635.030;

           28A.87.070 as 28A.635.040;

           28A.87.090 as 28A.635.050;

           28A.87.120 as 28A.635.060;

           28A.87.130 as 28A.635.070;

           28A.87.135 as 28A.635.080;

           28A.87.230 as 28A.635.090;

           28A.87.231 as 28A.635.100;

           28A.87.232 as 28A.635.110;

           28A.87.233 as 28A.635.120;

          55. SEXUAL EQUALITY MANDATED FOR PUBLIC SCHOOLS

           28A.85.010 as 28A.640.010;

           28A.85.020 as 28A.640.020;

           28A.85.030 as 28A.640.030;

           28A.85.040 as 28A.640.040;

           28A.85.050 as 28A.640.050;

           28A.85.900 as 28A.640.900;

          56. APPEALS FROM BOARD ACTION OR NONACTION

           28A.88.010 as 28A.645.010;

           28A.88.013 as 28A.645.020;

           28A.88.015 as 28A.645.030;

           28A.88.090 as 28A.645.040;

          57. AGREEMENT ON QUALIFICATIONS OF PERSONNEL

           28A.93.010 as 28A.690.010;

           28A.93.020 as 28A.690.020;

           28A.93.030 as 28A.690.030;

          58. COMPACT FOR EDUCATION

           28A.92.010 as 28A.695.010;

           28A.92.020 as 28A.695.020;

           28A.92.030 as 28A.695.030;

           28A.92.040 as 28A.695.040;

           28A.92.050 as 28A.695.050;

           28A.92.060 as 28A.695.060;

           28A.92.070 as 28A.695.070; and

           28A.92.080 as 28A.695.080.

 

                                                                              PART I

                                                             THE EDUCATION PROGRAMS

 

          1. General Provisions

          A. Definitions

 

!af98,100

 

        Sec. 5.  Section 28A.01.020, chapter 223, Laws of 1969 ex. sess. as last amended by section 5, chapter 158, Laws of 1982 and RCW 28A.01.020 are each amended to read as follows:

          The school year shall begin on the first day of  September and end with the last day of  August:  PROVIDED, That any school district may elect to commence the minimum annual school term as required under RCW ((28A.58.754)) 28A.150.220 in the month of August of any calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district.

 

        Sec. 6.  Section 1, chapter 105, Laws of 1973 1st ex. sess. as last amended by section 17, chapter 359, Laws of 1977 ex. sess. and RCW 28A.01.130 are each amended to read as follows:

          The term "certificated employee" as used in RCW ((28A.02.201, 28A.41.140, 28A.58.450 through 28A.58.515, 28A.58.445, 28A.67.065, 28A.67.070, 28A.67.074 and 28A.01.130)) 28A.195.010, 28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW, ((each as now or hereafter amended,)) shall include those persons who hold certificates as authorized by rule or regulation of the state board of education or the superintendent of public instruction.

 

        Sec. 7.  Section 203, chapter 2, Laws of 1987 1st ex. sess. and RCW 28A.41.110 are each amended to read as follows:

          (1) For the purposes of this section and RCW ((28A.41.112 and 28A.58.0951)) 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" shall mean all full time equivalent certificated instructional staff in the following programs as defined for state-wide school district accounting purposes:  Basic education, secondary vocational education, general instructional support, and general supportive services.

          (2) In the 1988-89 school year and thereafter, each school district shall maintain a ratio of at least forty-six basic education certificated instructional staff to one thousand annual average full time equivalent students.

          B. The Basic Education Act

 

 

 

        Sec. 8.  Section 1, chapter 359, Laws of 1977 ex. sess. and RCW 28A.58.750 are each amended to read as follows:

          This 1977 amendatory act shall be known and may be cited as "The Washington Basic Education Act of 1977(("))."  The program evolving from the Basic Education  Act shall include (1) the goal of the school system as defined in RCW ((28A.58.752)) 28A.150.210, (2) those program requirements enumerated in RCW ((28A.58.754)) 28A.150.220, and (3) the determination and distribution of state resources as defined in RCW ((28A.41.130 and 28A.41.140)) 28A.150.250 and 28A.150.260.

The requirements of the Basic Education  Act are deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex(("))," and are adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools(("))."

 

        Sec. 9.  Section 3, chapter 359, Laws of 1977 ex. sess. as last amended by section 1, chapter 158, Laws of 1982 and RCW 28A.58.754 are each amended to read as follows:

          (1) For the purposes of this section and RCW ((28A.41.130 and 28A.41.140, each as now or hereafter amended)) 28A.150.250 and 28A.150.260:

          (a) The term "total program hour offering" shall mean those hours when students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences which are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.

          (b) "Instruction in work skills" shall include instruction in one or more of the following areas:  Industrial arts, home and family life education, business and office education, distributive education, agricultural education, health occupations education, vocational education, trade and industrial education, technical education and career education.

          (2) Satisfaction of the basic education goal identified in RCW ((28A.58.752)) 28A.150.210 shall be considered to be implemented by the following program requirements:

          (a) Each school district shall make available to students in kindergarten at least a total program offering of four hundred fifty hours.  The program shall include reading, arithmetic, language skills and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program;

          (b) Each school district shall make available to students in grades one through three, at least a total program hour offering of two thousand seven hundred hours.  A minimum of ninety-five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education.  The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

          (c) Each school district shall make available to students in grades four through six at least a total program hour offering of two thousand nine hundred seventy hours.  A minimum of ninety percent  of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education.  The remaining ten percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

          (d) Each school district shall make available to students in grades seven through eight, at least a total program hour offering of one thousand nine hundred eighty hours.  A minimum of eighty-five percent of the total program hour offerings shall be in the basic skills areas of reading/language arts (which may include foreign languages), mathematics, social studies, science, music, art, health and physical education.  A minimum of ten percent of the total program hour offerings shall be in the area of work skills.  The remaining five percent of the total program hour offerings may include such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades;

          (e) Each school district shall make available to students in grades nine through twelve at least a total program hour offering of four thousand three hundred twenty hours.  A minimum of sixty percent of the total program hour offerings shall be in the basic skills areas of language arts,  foreign language, mathematics, social studies, science, music, art, health and physical education.  A minimum of twenty percent of the total program hour offerings shall be in the area of work skills.  The remaining twenty percent of the total program hour offerings may include traffic safety or such subjects and activities as the school district shall determine to be appropriate for the education of the school district's students in such grades, with not less than one-half thereof in basic skills and/or work skills:  PROVIDED, That each school district shall have the option of including grade nine within the program hour offering requirements of grades seven and eight so long as such requirements for grades seven through nine are increased to two thousand nine hundred seventy hours and such requirements for grades ten through twelve are decreased to three thousand two hundred forty hours.

          (3) In order to provide flexibility to the local school districts in the setting of their curricula, and in order to maintain the intent of this legislation, which is to stress the  instruction of basic skills and work skills, any local school district may establish minimum course mix percentages that deviate by up to five percentage points above or below those minimums required by subsection (2) of this section, so long as the total program hour requirement is still met.

          (4) Nothing contained in subsection (2) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.

          (5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW ((28A.58.190)) 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty  half-days of instruction, or equivalent, in kindergarten:  PROVIDED, That effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW ((28A.41.130 and 28A.41.140, each as now or hereafter amended)) 28A.150.250 and 28A.150.260.

          (6) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW ((28A.41.130 and 28A.41.140, each as now or hereafter amended)) 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish:  PROVIDED, That each school district board of directors shall establish the basis and means for determining and monitoring the district's compliance with the basic skills and work skills percentage and course requirements of this section.  The certification of the board of directors and the superintendent of a school district that the district is in compliance with such basic skills and work skills requirements may be accepted by the superintendent of public instruction and the state board of education.

          (7) Handicapped education programs, vocational-technical institute programs, state institution and state residential school programs, all of which programs are conducted for the common school age, kindergarten through secondary school program students encompassed by this section, shall be exempt from the basic skills and work skills percentage and course requirements of this section in order that the unique needs, abilities or limitations of such students may be met.

          (8) Any school district may petition the state board of education for a reduction in the total program hour offering requirements for one or more of the grade level groupings specified in this section.  The state board of education shall grant all such petitions that are accompanied by an assurance that the minimum total program hour offering requirements in one or more other grade level groupings will be exceeded concurrently by no less than the number of hours of the reduction.

 

        Sec. 10.  Section 18, chapter 359, Laws of 1977 ex. sess. as amended by section 7, chapter 250, Laws of 1979 ex. sess. and RCW 28A.58.758 are each amended to read as follows:

          (1) It is the intent and purpose of this section to guarantee that each common 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.  In accordance with the provisions of Title 28A RCW, as now or hereafter amended,  each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning.

          (2) In conformance with the provisions of Title 28A RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors, acting through its respective administrative staff, to:

          (a) Establish performance criteria and an evaluation process for its certificated personnel, including administrative staff, and for all programs constituting a part of such district's curriculum((.));

          (b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs((.));

          (c) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW ((28A.58.754)) 28A.150.220, or rules and regulations of the state board of education((.));

          (d) Determine the allocation of staff time, whether certificated or classified((.));

          (e) Establish final curriculum standards consistent with law and rules and regulations of the state board of education, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district((.)); and

          (f) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, in public hearing upon complaint by parents, guardians or custodians of students who consider dissemination of such material to students objectionable.

          (3) In keeping with the accountability purpose expressed in this section and to insure that the local community and electorate have access to information on the educational programs in the school districts, each school district's board of directors shall annually publish a descriptive guide to the district's common schools.  This guide shall be made available at each school in the district for examination by the public.  The guide shall include, but not be limited to, the following:

          (a) Criteria used for written evaluations of staff members pursuant to RCW ((28A.67.065.)) 28A.405.100;

          (b) A summary of program objectives pursuant to RCW ((28A.58.090.)) 28A.320.210;

          (c) Results of comparable testing for all schools within the district((.)); and

          (d) Budget information which will include the following:

          (i) Student enrollment((.));

          (ii) Number of full time equivalent personnel per school in the district itemized according to classroom teachers, instructional support, and building administration and support services, including itemization of such personnel by program((.));

          (iii) Number of full time equivalent personnel assigned in the district to central administrative offices, itemized according to instructional support, building and central administration, and support services, including itemization of such personnel by program((.));

          (iv) Total number of full time equivalent personnel itemized by classroom teachers, instructional support, building and central administration, and support services, including itemization of such personnel by program((.)); and

          (v) Special levy budget request presented by program and expenditure for purposes over and above those requirements identified in RCW ((28A.58.754)) 28A.150.220.

 

        Sec. 11.  Section 2, chapter 46, Laws of 1973 as last amended by section 201, chapter 2, Laws of 1987 1st ex. sess. and RCW 28A.41.130 are each amended to read as follows:

          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)) 28A.510.250 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)) 28A.520.010 and 28A.520.020, 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, 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)) 28A.150.220.

          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)) 28A.150.250 and 28A.150.260 to fund those program requirements identified in RCW ((28A.58.754)) 28A.150.220 in accordance with the formula and ratios provided in RCW ((28A.41.140)) 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW ((28A.41.110 and 28A.41.112)) 28A.150.100 and 28A.150.410.

          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.

          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)) 28A.150.250, 28A.150.260, and 28A.150.220, 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.

 

        Sec. 12.  Section 14, chapter 244, Laws of 1969 ex. sess. as last amended by section 202, chapter 2, Laws of 1987 1st ex. sess. and RCW 28A.41.140 are each amended to read as follows:

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

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

          (a) Certificated instructional staff and their related costs;

          (b) Certificated administrative staff and their related costs;

          (c) Classified staff and their related costs;

          (d) Nonsalary costs;

          (e) Extraordinary costs of remote and necessary schools and small high schools, including costs of additional certificated and classified staff; and

          (f) The attendance of students pursuant to RCW ((28A.58.075 and 28A.58.245, each as now or hereafter amended,)) 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.

          (2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor.  The recommended formula shall be subject to approval, amendment or rejection by the legislature.  The formula shall be for allocation purposes only.  While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.

          (b) The formula adopted by the legislature for the 1987-88 school year shall reflect the following ratios at a minimum:  (i) Forty-eight certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

          (c) Commencing with the 1988-89 school year, the formula adopted by the legislature shall reflect the following ratios at a minimum:  (i) Forty-nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.

          (d) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect:  PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW ((28A.58.754 and 28A.41.110)) 28A.150.220 and 28A.150.100.  The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW ((28A.41.145, as now or hereafter amended)) 28A.150.350, enrolled on the first school day of each month and shall exclude full time equivalent handicapped students recognized for the purposes of allocation of state funds for programs under ((chapter 28A.13)) RCW 28A.155.010 through 28A.155.100.  The definition of full time equivalent student shall be determined by rules and regulations of the superintendent of public instruction:  PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request:  PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee:  PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.

          (3) (a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8):  PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision:  PROVIDED, FURTHER, That the hiring of such noncertificated people shall not occur during a labor dispute and such noncertificated people shall not be hired to replace certificated employees during a labor dispute.

          (b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

          (4) Each annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty-five hours per week.  Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties.  Up to two hundred minutes per week may be deducted from the twenty-five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent-guardian conferences, recess, passing time between classes, and informal instructional activity.  Implementing rules to be adopted by the state board of education pursuant to RCW ((28A.58.754(6))) 28A.150.220(6) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration.  Additional record-keeping by classroom teachers as a means of accounting for contact hours shall not be required.  However, upon request from the board of directors of any school district, the provisions relating to direct classroom contact hours for individual teachers in that district may be waived by the state board of education if the waiver is necessary to implement a locally approved plan for educational excellence and the waiver is limited to those individual teachers approved in the local plan for educational excellence.  The state board of education shall develop criteria to evaluate the need for the waiver.  Granting of the waiver shall depend upon verification that:  (a) The students' classroom instructional time will not be reduced; and (b) the teacher's expertise is critical to the success of the local plan for excellence.

 

        Sec. 13.  Section 28A.41.160, chapter 223, Laws of 1969 ex. sess. as last amended by section 9, chapter 265, Laws of 1981 and RCW 28A.41.160 are each amended to read as follows:

          Costs of acquisition of approved transportation equipment purchased prior to September 1, 1982, shall be reimbursed up to one hundred percent of the cost to be reimbursed over the anticipated life of the vehicle, as determined by the state superintendent:  PROVIDED, That commencing with the 1980-81 school year, reimbursement shall be at one hundred percent or as close thereto as reasonably possible:  PROVIDED FURTHER, That reimbursements for the acquisition of approved transportation equipment received by school districts shall be placed in the transportation vehicle fund for the current or future purchase of approved transportation equipment and for major transportation equipment repairs consistent with rules and regulations authorized in RCW ((28A.58.428)) 28A.160.130.

 

        Sec. 14.  Section 28A.41.160, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 343, Laws of 1981 and RCW 28A.41.160 are each amended to read as follows:

          Reimbursement for transportation costs shall be in addition to the basic education allocation.  Transportation costs shall be reimbursed as follows:

          (1) School districts shall be reimbursed up to one hundred percent of the operational costs for established bus routes for the transportation of students to and from common schools as recommended by the educational service district superintendent or his or her designee, and as approved by the state superintendent:  PROVIDED, That commencing with the 1980-81 school year, reimbursement shall be at one hundred percent or as close thereto as reasonably possible:  PROVIDED FURTHER, That commencing on September 1, 1982, no school district shall be reimbursed under this section for any portion of the cost to transport any student, except handicapped children as defined under RCW ((28A.13.010, as now or hereafter amended)) 28A.155.020, to or from any school other than one which is geographically located nearest or next-nearest to the student's place of residence within the district offering the appropriate grade level, course of study, or special academic program as designated by the local school board:  PROVIDED FURTHER, That notwithstanding the provisions of section  94, chapter 340, Laws of 1981, any moneys not reimbursed to a school district for transportation costs pursuant to this subsection shall be allocated to the school district for block grants under section 100, chapter 340, Laws of 1981:  PROVIDED FURTHER, That the superintendent of public instruction, when so requested by the appropriate educational service district superintendent or his or her designee, may waive the requirements of this 1981 provision, if natural geographic boundaries or safety factors would make this provision unworkable and/or more costly to the district or to the state; and

          (2) Costs of acquisition of approved transportation equipment shall be reimbursed up to one hundred percent of the cost to be reimbursed over the anticipated life of the vehicle, as determined by the state superintendent:  PROVIDED, That commencing with the 1980-81 school year, reimbursement shall be at one hundred percent or as close thereto as reasonably possible:  PROVIDED FURTHER, That reimbursements for the acquisition of approved transportation equipment received by school districts shall be held within the general fund exclusively for the future purchase of approved transportation equipment and for major transportation equipment repairs consistent with rules and regulations authorized and promulgated under RCW ((28A.41.170)) 28A.150.290 and chapter ((28A.65)) 28A.505 RCW.

 

        Sec. 15.  Section 28A.41.170, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 285, Laws of 1981 and RCW 28A.41.170 are each amended to read as follows:

          (1) The superintendent of public instruction shall have the power and duty to make such rules and regulations as are necessary for the proper administration of this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require such reports as may be necessary to carry out his or her duties under this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010.

          (2) The superintendent of public instruction shall have the authority to make rules and regulations which establish the terms and conditions for allowing school districts to receive state basic education moneys as provided in RCW ((28A.41.130)) 28A.150.250 when said districts are unable to fulfill for one or more schools as officially scheduled the requirement of a full school year of one hundred eighty days or the total program hour offering, teacher contact hour, or course mix and percentage requirements imposed by RCW ((28A.58.754 and 28A.41.140)) 28A.150.220 and 28A.150.260 due to one or more of the following conditions:

          (a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption that has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable; and

          (b) An unforeseen mechanical failure or an unforeseen action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a school district board of directors and its employees and (ii) has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable.  Such actions, inactions or mechanical failures may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in the scheduled completion of construction projects, and the discontinuance or disruption of utilities such as heating, lighting and water:  PROVIDED, That an unforeseen action or inaction shall not include any labor dispute between a school district board of directors and any employee of the school district.

          A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have anticipated prior to August first of the preceding school year that the condition probably would occur during the ensuing school year because of the occurrence of an event or a circumstance which existed during such preceding school year or a prior school year.  A board of directors of a school district is deemed for the purposes of this subsection to have knowledge of events and circumstances which are a matter of common knowledge within the school district and of those events and circumstances which can be discovered upon prudent inquiry or inspection.

          (3) The superintendent of public instruction shall make every effort to reduce the amount of paperwork required in administration of this chapter and RCW 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010; to simplify the application, monitoring and evaluation processes used; to eliminate all duplicative requests for information from local school districts; and to make every effort to integrate and standardize information requests for other state education acts and federal aid to education acts administered by the superintendent of public instruction so as to reduce paperwork requirements and duplicative information requests.

          C. Appropriations and Adjustments

 

 

 

        Sec. 16.  Section 4, chapter 217, Laws of 1969 ex. sess. as last amended by section 5, chapter 441, Laws of 1985 and RCW 28A.41.145 are each amended to read as follows:

          (1) For purposes of this section, the following definitions shall apply:

          (a) "Private school student" shall mean any student enrolled full time in a private school;

          (b) "School" shall mean any primary, secondary or vocational school;

          (c) "School funding authority" shall mean any nonfederal governmental authority which provides moneys to common schools;

          (d) "Part time student" shall mean and include:  Any student enrolled in a course of instruction in a private school and taking courses at and/or receiving ancillary services offered by any public school not available in such private school; or  any student who is not enrolled in a private school and is receiving home-based instruction under RCW ((28A.27.010)) 28A.225.010 which instruction includes taking courses at or receiving ancillary services from the local school district or both; or any student involved in any work training program and taking courses in any public school, which work training program is approved by the school board of the district in which such school is located.

          (2) The board of directors of any school district is authorized and, in the same manner as for other public school students, shall permit the enrollment of and provide ancillary services for part time students:  PROVIDED, That this section shall only apply to part time students who would be otherwise eligible for full time enrollment in the school district.

          (3) The superintendent of public instruction shall recognize the costs to each school district occasioned by enrollment of and/or ancillary services provided for part time students authorized by subsection (2) of this section and shall include such costs in the distribution of funds to school districts pursuant to RCW ((28A.41.140)) 28A.150.260.  Each school district shall be reimbursed for the costs or a portion thereof, occasioned by attendance of and/or ancillary services provided for part time students on a part time basis, by the superintendent of public instruction, according to law.

          (4) Each school funding authority shall recognize the costs occasioned to each school district by enrollment of and ancillary services provided for part time students authorized by subsection (2) of this section, and shall include said costs in funding the activities of said school districts.

          (5) The superintendent of public instruction is authorized to adopt rules and regulations to carry out the purposes of RCW ((28A.41.140 and 28A.41.145)) 28A.150.260 and 28A.150.350.

 

        Sec. 17.  Section 28A.41.150, chapter 223, Laws of 1969 ex. sess. and RCW 28A.41.150 are each amended to read as follows:

          In the event of an unforeseen emergency, in the nature of either an unavoidable cost to a district or unexpected variation in anticipated revenues to a district, the state superintendent is authorized, for not to exceed two years, to make such an adjustment in the allocation of funds as is consistent with the intent of ((this chapter)) RCW 28A.150.100 through 28A.150.430, 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010 in providing an equal educational opportunity for the children of such district or districts.

 

        Sec. 18.  Section 7, chapter 359, Laws of 1977 ex. sess. as amended by section 1, chapter 24, Laws of 1982 1st ex. sess. and RCW 28A.41.162 are each amended to read as follows:

          In addition to those state funds provided to school districts for basic education, the legislature shall appropriate funds for pupil transportation, in accordance with ((this chapter)) RCW 28A.150.100 through 28A.150.430, 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010, and for programs for handicapped students, in accordance with ((chapter 28A.13)) RCW 28A.155.010 through 28A.155.100.  The legislature may appropriate funds to be distributed to school districts for population factors such as urban costs, enrollment fluctuations and for special programs, including but not limited to, vocational-technical institutes, compensatory programs, bilingual education, urban, rural, racial and disadvantaged programs, programs for gifted students, and other special programs.

 

        Sec. 19.  Section 28A.41.050, chapter 223, Laws of 1969 ex. sess. as amended by section 3, chapter 6, Laws of 1980 and RCW 28A.41.050 are each amended to read as follows:

          The state legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the current use of the common schools such amounts as needed for state support to the common schools during the ensuing biennium as ((in this chapter)) provided in RCW 28A.150.100 through 28A.150.430, 28A.160.150 through 28A.160.220, 28A.300.170, and 28A.500.010.

 

        Sec. 20.  Section 11, chapter 66, Laws of 1971 ex. sess. as last amended by section 2, chapter 400, Laws of 1989 and RCW 28A.41.053 are each amended to read as follows:

          The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for handicapped programs.  Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for handicapped programs and shall take account of state funds accruing through RCW ((28A.41.130, 28A.41.140)) 28A.150.250, 28A.150.260, and other state and local funds, excluding special excess levies.  Funding for local district programs may include payments from state and federal funds for medical assistance provided under RCW 74.09.500 through 74.09.910.  However, the superintendent of public instruction shall reimburse the department of social and health services from state appropriations for handicapped education programs for the state-funded portion of any medical assistance payment made by the department for services provided under an individualized education program established pursuant to ((chapter 28A.13))  RCW 28A.155.010 through 28A.155.100.  The amount of such interagency reimbursement shall be deducted by the superintendent of public instruction in determining additional allocations to districts for handicapped education programs under this section.

 

        Sec. 21.  Section 28A.41.055, chapter 223, Laws of 1969 ex. sess. as amended by section 3, chapter 26, Laws of 1972 ex. sess. and RCW 28A.41.055 are each amended to read as follows:

          State and county funds which may become due and apportionable to school districts shall be apportioned in such a manner that any apportionment factors used shall utilize data and statistics derived in the school year that such funds are paid:  PROVIDED, That the superintendent of public instruction may make necessary administrative provision for the use of estimates, and corresponding adjustments to the extent necessary:  PROVIDED FURTHER, That as to those revenues used in determining the amount of state funds to be apportioned to school districts pursuant to RCW ((28A.41.130)) 28A.150.250, any apportionment factors shall utilize data and statistics derived in an annual period established pursuant to rules and regulations promulgated by the superintendent of public instruction in cooperation with the department of revenue.

 

        Sec. 22.  Section 204, chapter 2, Laws of 1987 1st ex. sess. as last amended by section 1, chapter 16, Laws of 1989 1st ex. sess. and RCW 28A.41.112 are each amended to read as follows:

          (1) The legislature shall establish for each school year in the appropriations act a state-wide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW ((28A.41.140)) 28A.150.260.

          (2) The superintendent of public instruction shall calculate salary allocations for state funded basic education certificated instructional staff by determining the district average salary for basic education instructional staff using the salary allocation schedule established pursuant to this section.  However, no district shall receive an allocation based upon an average basic education certificated instructional staff salary which is less than the average of the district's 1986-87 actual basic education certificated instructional staff salaries, as reported to the superintendent of public instruction prior to June 1, 1987, and the legislature may grant minimum salary increases on that base:  PROVIDED, That the superintendent of public instruction may adjust this allocation based upon the education and experience of the district's certificated instructional staff.

          (3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the biennial appropriations act, or any replacement schedules and documents, unless:

          (a) The employee has a masters degree; or

          (b) The credits were used in generating state salary allocations before January 1, 1992.

 

        Sec. 23.  Section 2, chapter 146, Laws of 1972 ex. sess. and RCW 28A.41.175 are each amended to read as follows:

          Each school district shall estimate and report to the superintendent of public instruction by June 15, of each year the amount of moneys the district will fail to receive during their present fiscal year due to the nonpayment of local property taxes from the regular levy within the school district less an estimated amount for delinquent payments from prior year regular levies; such net estimate shall be based upon the amount of moneys the district failed to receive because of nonpayment of regular levy property taxes during the first six months of the then fiscal year and during the last six months of the preceding fiscal year.  The superintendent of public instruction shall present in his budget submittal to the governor an amount sufficient to reimburse the school districts for moneys lost due to such nonpayment of taxes as described in this section, which moneys shall be deemed amounts needed for state support to the common schools under RCW ((28A.41.050)) 28A.150.380.

          2. Special Education

 

 

 

        Sec. 24.  Section 1, chapter 66, Laws of 1971 ex. sess. and RCW 28A.13.005 are each amended to read as follows:

          It is the purpose of ((this chapter,)) RCW ((28A.24.100 and 28A.41.053)) 28A.155.010 through 28A.155.100, 28A.160.030, and 28A.150.390 to ensure that all handicapped children as defined in RCW ((28A.13.010)) 28A.155.020 shall have the opportunity for an appropriate education at public expense as guaranteed to them by the Constitution of this state.

 

        Sec. 25.  Section 28A.13.010, chapter 223, Laws of 1969 ex. sess. as last amended by section 4, chapter 341, Laws of 1985 and RCW 28A.13.010 are each amended to read as follows:

          There is established in the office of the superintendent of public instruction an administrative section or unit for the education of children with handicapping conditions.

          Handicapped children are those children in school or out of school who are temporarily or permanently retarded in normal educational processes by reason of physical or mental handicap, or by reason of emotional maladjustment, or by reason of other handicap, and those children who have specific learning and language disabilities resulting from perceptual-motor handicaps, including problems in visual and auditory perception and integration.

          The superintendent of public instruction shall require each school district in the state to insure an appropriate educational opportunity for all handicapped children between the ages of three and twenty-one, but when the twenty-first birthday occurs during the school year, the educational program may be continued until the end of that school year.  The superintendent of public instruction, by rule and regulation, shall establish for the purpose of excess cost funding, as provided in ((this chapter, RCW 28A.24.100 and 28A.41.053)) RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100, functional definitions of the various types of handicapping conditions and eligibility criteria for handicapped programs.  For the purposes of ((this chapter)) RCW 28A.155.010 through 28A.155.100, an appropriate education is defined as an education directed to the unique needs, abilities, and limitations of the handicapped children.  School districts are strongly encouraged to provide parental training in the care and education of the children and to involve parents in the classroom.

          Nothing in this section shall prohibit the establishment or continuation of existing cooperative programs between school districts or contracts with other agencies approved by the superintendent of public instruction, which can meet the obligations of school districts to provide education for handicapped children, or prohibit the continuation of needed related services to school districts by the department of social and health services.

          This section shall not be construed as in any way limiting the powers of local school districts set forth in RCW ((28A.13.050)) 28A.155.070.

          No child shall be removed from the jurisdiction of juvenile court for training or education under ((this chapter)) RCW 28A.155.010 through 28A.155.100 without the approval of the superior court of the county.

 

        Sec. 26.  Section 1, chapter 10, Laws of 1972 ex. sess. as amended by section 52, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.13.020 are each amended to read as follows:

          The superintendent of public instruction shall appoint an administrative officer of the division.  The administrative officer, under the direction of the superintendent of public instruction, shall coordinate and supervise the program of special education for all handicapped children in the school districts of the state.  He or she shall cooperate with the educational service district superintendents and local school district superintendents and with all other interested school officials in ensuring that all school districts provide an appropriate educational opportunity for all handicapped children and shall cooperate with the state secretary of social and health services and with county and regional officers on cases where medical examination or other attention is needed.

 

        Sec. 27.  Section 28A.13.030, chapter 223, Laws of 1969 ex. sess. as amended by section 4, chapter 66, Laws of 1971 ex. sess. and RCW 28A.13.030 are each amended to read as follows:

          The board of directors of each school district, for the purpose of compliance with the provisions of ((this chapter, RCW 28A.24.100 and 28A.41.053)) RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100, shall cooperate with the superintendent of public instruction and with the administrative officer and shall provide an appropriate educational opportunity and give other appropriate aid and special attention to handicapped children in regular or special school facilities within the district or shall contract for such services with other agencies as provided in RCW ((28A.13.045)) 28A.155.060 or shall participate in an interdistrict arrangement in accordance with RCW ((28A.58.075 and 28A.58.240)) 28A.335.160 and 28A.225.220 and/or ((28A.58.245 and 28A.58.250)) 28A.225.250 and 28A.225.260.

          In carrying out their responsibilities under this chapter, school districts severally or jointly with the approval of the superintendent of public instruction are authorized to establish, operate, support and/or contract for residential schools and/or homes approved by the department of social and health services for aid and special attention to handicapped children.

          The cost of board and room in facilities approved by the department of social and health services shall be provided by the department of social and health services for those handicapped students eligible for such aid under programs of the department.  The cost of approved board and room shall be provided for those handicapped students not eligible under programs of the department of social and health services but deemed in need of the same by the superintendent of public instruction:  PROVIDED, That no school district shall be financially responsible for special aid programs for students who are attending residential schools operated by the department of social and health services:  PROVIDED FURTHER, That the provisions of ((this chapter, RCW 28A.24.100 and 28A.41.053)) RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100 shall not preclude the extension by the superintendent of public instruction of special education opportunities to handicapped children in residential schools operated by the department of social and health services.

 

        Sec. 28.  Section 28A.13.040, chapter 223, Laws of 1969 ex. sess. as amended by section 5, chapter 66, Laws of 1971 ex. sess. and RCW 28A.13.040 are each amended to read as follows:

          Any child who is not able to attend school and who is eligible for special excess cost aid programs authorized under ((this chapter)) RCW 28A.155.010 through 28A.155.100 shall be given such aid at home or at such other place as determined by the board of directors of the school district in which such child resides.  Any school district within which such a child resides shall thereupon be granted regular apportionment of state and county school funds and, in addition, allocations from state excess funds made available for such special services for such period of time as such special aid program is given:  PROVIDED, That should such child or any other handicapped child attend and participate in a special aid program operated by another school district in accordance with the provisions of RCW ((28A.58.230, 28A.58.240)) 28A.225.210, 28A.225.220, and/or ((28A.58.245)) 28A.225.250, such regular apportionment shall be granted to the receiving school district, and such receiving school district shall be reimbursed by the district in which such student resides in accordance with rules and regulations promulgated by the superintendent of public instruction for the entire approved excess cost not reimbursed from such regular apportionment.

 

        Sec. 29.  Section 6, chapter 66, Laws of 1971 ex. sess. and RCW 28A.13.045 are each amended to read as follows:

          For the purpose of carrying out the provisions of RCW ((28A.13.010 through 28A.13.040)) 28A.155.020 through 28A.155.050, the board of directors of every school district shall be authorized to contract with agencies approved by the state board of education for operating handicapped programs.  Approval standards for such agencies shall conform substantially with those promulgated for approval of special education aid programs in the common schools.

 

        Sec. 30.  Section 8, chapter 66, Laws of 1971 ex. sess. and RCW 28A.13.060 are each amended to read as follows:

          Where a handicapped child as defined in RCW ((28A.13.010)) 28A.155.020 has been denied the opportunity of an educational program by a local school district superintendent under the provisions of RCW ((28A.27.010)) 28A.225.010, or for any other reason there shall be an affirmative showing by the school district superintendent in a writing directed to the parents or guardian of such a child within ten days of such decision that

          (1) No agency or other school district with whom the district may contract under RCW ((28A.13.030)) 28A.155.040 can accommodate such child, and

          (2) Such child will not benefit from an alternative educational opportunity as permitted under RCW ((28A.13.040)) 28A.155.050.

          There shall be a right of appeal by the parent or guardian of such child to the superintendent of public instruction pursuant to procedures established by ((him)) the superintendent and in accordance with RCW ((28A.13.070)) 28A.155.090.

 

        Sec. 31.  Section 9, chapter 66, Laws of 1971 ex. sess. as amended by section 5, chapter 341, Laws of 1985 and RCW 28A.13.070 are each amended to read as follows:

          The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with handicapping conditions, to:

          (1) Assist school districts in the formation of total school programs to meet the needs of handicapped children((.));

          (2) Develop interdistrict cooperation programs for handicapped children as authorized in RCW ((28A.58.245.)) 28A.225.250;

          (3) Provide, upon request, to parents or guardians of handicapped children, information as to the handicapped programs offered within the state((.));

          (4) Assist, upon request, the parent or guardian of any handicapped child in the placement of any handicapped child who is eligible for but not receiving special educational aid for handicapped children((.));

          (5) Approve school district and agency programs as being eligible for special excess cost financial aid to handicapped children((.));

          (6) Adjudge, upon appeal by a parent or guardian of a handicapped child who is not receiving an educational program, whether the decision of a local school district superintendent under RCW ((28A.13.060)) 28A.155.080 to exclude such handicapped child was justified by the available facts and consistent with the provisions of ((this chapter, RCW 28A.24.100 and 28A.41.053.)) RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100;  If the superintendent of public instruction shall decide otherwise he or she shall apply sanctions as provided in RCW ((28A.13.080)) 28A.155.100 until such time as the school district assures compliance with the provisions ((of this chapter, RCW 28A.24.100 and 28A.41.053.)) RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100; and

          (7) Promulgate such rules and regulations as are necessary to implement the several provisions of ((this chapter, RCW 28A.24.100 and 28A.41.053)) RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100 and to ensure educational opportunities within the common school system for all handicapped children who are not institutionalized.

 

        Sec. 32.  Section 12, chapter 66, Laws of 1971 ex. sess. and RCW 28A.13.080 are each amended to read as follows:

          The superintendent of public instruction is hereby authorized and directed to establish appropriate sanctions to be applied to any school district of the state failing to comply with the provisions of ((this chapter, RCW 28A.24.100 and 28A.41.053)) RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100 to be applied beginning upon the effective date thereof, which sanctions shall include withholding of any portion of state aid to such district until such time as compliance is assured.

 

        Sec. 33.  Section 1, chapter 78, Laws of 1975 1st ex. sess. and RCW 28A.03.300 are each amended to read as follows:

          The legislature recognizes as its initial duty in carrying out its responsibility to see to the education of the children of this state the importance of screening children within the schools to determine if there be any of such children with learning/language disabilities.  It is the intent and purpose of RCW ((28A.03.300 through 28A.03.320)) 28A.155.110 through 28A.155.130 to identify the number of children with recognizable learning/language disabilities, the type thereof, and to determine educational methods appropriate thereto.

 

        Sec. 34.  Section 3, chapter 78, Laws of 1975 1st ex. sess. and RCW 28A.03.320 are each amended to read as follows:

          RCW ((28A.03.300 through 28A.03.320)) 28A.155.110 through 28A.155.130 shall be known and may be cited as the "screening for learning/language disabilities act(("))."

 

        Sec. 35.  Section 1, chapter 398, Laws of 1987 and RCW 28A.03.367 are each amended to read as follows:

          By July 1, 1989, the superintendent of public instruction shall complete a study and, as may be necessary, adopt rules providing for the appropriate use of curriculum-based assessment procedures as a component of assessment procedures provided by ((chapter 28A.13)) RCW 28A.155.010 through 28A.155.100.  School districts may use curriculum-based assessment procedures as measures for developing academic early intervention programs and curriculum planning:  PROVIDED, That the use of curriculum-based assessment procedures shall not deny a student the right to an assessment to determine eligibility or participation in learning disabilities programs as provided by ((chapter 28A.13)) RCW 28A.155.010 through 28A.155.100.

          3. Student Transportation

 

 

 

        Sec. 36.  Section 28A.24.055, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 32, Laws of 1986 and RCW 28A.24.055 are each amended to read as follows:

          The operation of each local school district's student transportation program is declared to be the responsibility of the respective board of directors, and each board of directors shall determine such matters as which individual students shall be transported and what routes shall be most efficiently utilized.  State moneys allocated to local districts for student transportation shall be spent only for student transportation activities, but need not be spent by the local district in the same manner as calculated and allocated by the state.

          A school district is authorized to provide for the transportation of students enrolled in the school or schools of the district both in the case of students who reside within the boundaries of the district and of students who reside outside the boundaries of the district.

          When children are transported from one school district to another the board of directors of the respective districts may enter into a written contract providing for a division of the cost of such transportation between the districts.

          School districts may use school buses and drivers hired by the district or commercial chartered bus service for the transportation of school children and the school employees necessary for their supervision to and from any school activities within or without the school district during or after school hours and whether or not a required school activity, so long as the school board has officially designated it as a school activity.  For any extra-curricular uses, the school board shall charge an amount sufficient to reimburse the district for its cost.

          In addition to the right to contract for the use of buses provided in RCW ((28A.24.170 and 28A.24.172)) 28A.160.080 and 28A.160.090, any school district may contract to furnish the use of school buses of that district to other users who are engaged in conducting an educational or recreational program supported wholly or in part by tax funds or programs for elderly persons at times when those buses are not needed by that district and under such terms as will fully reimburse such school district for all costs related or incident thereto:  PROVIDED, HOWEVER, That no such use of school district buses shall be permitted except where other public or private transportation certificated or licensed by the Washington utilities and transportation commission is not reasonably available to the user:  PROVIDED FURTHER, That no user shall be required to accept any charter bus for services which the user believes might place the health or safety of the children or elderly persons in jeopardy.

          Whenever any persons are transported by the school district in its own motor vehicles and by its own employees, the board may provide insurance to protect the district against loss, whether by reason of theft, fire or property damage to the motor vehicle or by reason of liability of the district to persons from the operation of such motor vehicle.

          The board may provide insurance by contract purchase for payment of hospital and medical expenses for the benefit of persons injured while they are on, getting on, or getting off any vehicles enumerated herein without respect to any fault or liability on the part of the school district or operator.  This insurance may be provided without cost to the persons notwithstanding the provisions of RCW ((28A.58.420)) 28A.400.350.

          If the transportation of children or elderly persons is arranged for by contract of the district with some person, the board may require such contractor to procure such insurance as the board deems advisable.

 

        Sec. 37.  Section 1, chapter 307, Laws of 1981 and RCW 28A.24.065 are each amended to read as follows:

          Every school district board of directors may authorize children attending a private school approved in accordance with RCW ((28A.02.201)) 28A.195.010 to ride a school bus or other student transportation vehicle to and from school so long as the following conditions are met:

          (1) The board of directors shall not be required to alter those bus routes or stops established for transporting public school students;

          (2) Private school students shall be allowed to ride on a seat-available basis only; and

          (3) The board of directors shall charge an amount sufficient to reimburse the district for the actual per seat cost of providing such transportation.

 

        Sec. 38.  Section 2, chapter 78, Laws of 1971 and RCW 28A.24.111 are each amended to read as follows:

          The directors of school districts may authorize leases under RCW ((28A.24.110 through 28A.24.112)) 28A.160.040 through 28A.160.060:  PROVIDED, That such leases do not conflict with regular school purposes.

 

        Sec. 39.  Section 3, chapter 45, Laws of 1973 and RCW 28A.24.120 are each amended to read as follows:

          For purposes of RCW ((28A.24.055, 28A.24.110 and this section)) 28A.160.010 and 28A.160.040, "elderly person" shall mean a person who is at least sixty years of age.  No school district funds may be used for the operation of such a program.

 

        Sec. 40.  Section 1, chapter 24, Laws of 1971 and RCW 28A.24.170 are each amended to read as follows:

          It is the intent of the legislature and the purpose of RCW ((28A.24.055, 28A.24.170 and 28A.24.172)) 28A.160.010, 28A.160.080, and 28A.160.090 that in the event of major forest fires, floods, or other natural emergencies that boards of directors of school districts, in their discretion, may rent or lease school buses to governmental agencies for the purposes of transporting personnel, supplies and/or evacuees.

 

        Sec. 41.  Section 2, chapter 24, Laws of 1971 as last amended by section 21, chapter 266, Laws of 1986 and RCW 28A.24.172 are each amended to read as follows:

          Each school district board shall determine its own policy as to whether or not its school buses will be rented or leased for the purposes of RCW ((28A.24.170)) 28A.160.080, and if the board decision is to rent or lease, under what conditions, subject to the following:

          (1) Such renting or leasing may take place only after the state director of community development or any of his or her agents so authorized has, at the request of an involved governmental agency, declared that an emergency exists in a designated area insofar as the need for additional transport is concerned.

          (2) The agency renting or leasing the school buses must agree, in writing, to reimburse the school district for all costs and expenses related to their use and also must provide an indemnity agreement protecting the district against any type of claim or legal action whatsoever, including all legal costs incident thereto.

 

        Sec. 42.  Section 1, chapter 91, Laws of 1980 and RCW 28A.24.175 are each amended to read as follows:

          In addition to the authority otherwise provided in ((this chapter)) RCW 28A.160.010 through 28A.160.120 to school districts for the transportation of persons, whether school children, school personnel, or otherwise, any school district authorized to use school buses and drivers hired by the district for the transportation of school children to and from a school activity, along with such school employees as necessary for their supervision, shall, if such school activity be an interscholastic activity, be authorized to transport members of the general public to such event and utilize the school district's buses, transportation equipment and facilities, and employees therefor:  PROVIDED, That provision shall be made for the reimbursement and payment to the school district by such members of the general public of not less than the district's actual costs and the reasonable value of the use of the district's buses and facilities provided in connection with such transportation:  PROVIDED FURTHER, That wherever private transportation certified or licensed by the utilities and transportation commission or public transportation is reasonably available as determined by rule and regulation of the state board of education, this section shall not apply.

 

        Sec. 43.  Section 7, chapter 265, Laws of 1981 and RCW 28A.58.428 are each amended to read as follows:

          (1) There is created a fund on deposit with each county treasurer for each school district of the county, which shall be known as the transportation vehicle fund.  Money to be deposited into the transportation vehicle fund shall include, but is not limited to, the following:

          (a) The balance of accounts held in the general fund of each school district for the purchase of approved transportation equipment and for major transportation equipment repairs under RCW ((28A.41.160, as now or hereafter amended)) 28A.150.280.  The amount transferred shall be the balance of the account as of September 1, 1982;

          (b) Reimbursement payments provided for in RCW ((28A.41.540)) 28A.160.200 except  those provided under RCW ((28A.41.540(4))) 28A.160.200(4) that are necessary for contracted payments to private carriers;

          (c) Earnings from transportation vehicle fund investments as authorized in RCW ((28A.58.430, as now or hereafter amended)) 28A.320.300; and

          (d) The district's share of the proceeds from the sale of transportation vehicles, as determined by the superintendent of public instruction.

          (2) Funds in the transportation vehicle fund may be used for the following purposes:

          (a) Purchase of pupil transportation vehicles pursuant to RCW ((28A.41.540 and RCW 28A.41.160, as now or hereafter amended)) 28A.160.200 and 28A.150.280;

          (b) Payment of conditional sales contracts for the purchase of pupil transportation vehicles as authorized in RCW ((28A.58.550, as now or hereafter amended)) 28A.335.200;

          (c) Major repairs to pupil transportation vehicles.

          The superintendent of public instruction shall promulgate rules which shall establish the standards, conditions, and procedures governing the establishment and use of the transportation vehicle fund.  The rules shall not permit the transfer of funds from the transportation vehicle fund to any other fund of the district.

 

        Sec. 44.  Section 2, chapter 141, Laws of 1987 and RCW 28A.58.133 are each amended to read as follows:

          As a condition of entering into a pupil transportation services contract with a private nongovernmental entity, each school district shall engage in an open competitive process at least once every five years.  This requirement shall not be construed to prohibit a district from entering into a pupil transportation services contract of less than five years in duration with a district option to renew, extend, or terminate the contract, if the district engages in an open competitive process at least once every five years after July 26, 1987.  As used in this section:

          (1) "Open competitive process" means either one of the following, at the choice of the school district:

          (a) The solicitation of bids or quotations and the award of contracts under RCW ((28A.58.135)) 28A.335.190; or

          (b) The competitive solicitation of proposals and their evaluation consistent with the process and criteria recommended or required, as the case may be, by the office of financial management for state agency acquisition of personal service contractors;

          (2) "Pupil transportation services contract" means a contract for the operation of privately owned or school district owned school buses, and the services of drivers or operators, management and supervisory personnel, and their support personnel such as secretaries, dispatchers, and mechanics, or any combination thereof, to provide students with transportation to and from school on a regular basis; and

          (3) "School bus" means a motor vehicle as defined in RCW 46.04.521 and under the rules of the superintendent of public instruction.

 

        Sec. 45.  Section 1, chapter 265, Laws of 1981 as amended by section 2, chapter 61, Laws of 1983 1st ex. sess. and RCW 28A.41.505 are each amended to read as follows:

          Funds allocated for transportation costs shall be in addition to the basic education allocation.  The distribution formula developed in RCW ((28A.41.505 through 28A.41.520)) 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local districts.  Operating costs as determined under RCW ((28A.41.505 through 28A.41.520)) 28A.160.150 through 28A.160.180 shall be funded at one hundred percent or as close thereto as reasonably possible for transportation of an eligible student to and from school as defined in RCW ((28A.41.510(3))) 28A.160.160(3).

 

        Sec. 46.  Section 2, chapter 265, Laws of 1981 as amended by section 3, chapter 61, Laws of 1983 1st ex. sess. and RCW 28A.41.510 are each amended to read as follows:

          For purposes of RCW ((28A.41.505 through 28A.41.525)) 28A.160.150 through 28A.160.190, except where the context shall clearly indicate otherwise, the following definitions apply:

          (1) "Eligible student" means any student served by the transportation program of a school district or compensated for individual transportation arrangements authorized by RCW ((28A.24.100)) 28A.160.030 whose route stop is more than one radius mile from the student's school, except if the student to be transported:  (a) Is handicapped under RCW ((28A.13.010, as now or hereafter amended,)) 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from the school or agency where special education services are provided, in which case no mileage distance restriction applies; or (b) qualifies for an exemption due to hazardous walking conditions.

          (2) "Superintendent" means the superintendent of public instruction.

          (3) "To and from school" means the transportation of students for the following purposes:

          (a) Transportation to and from route stops and schools;

          (b) Transportation to and from schools pursuant to an interdistrict agreement pursuant to RCW ((28A.58.075)) 28A.335.160;

          (c) Transportation of students between schools and learning centers for instruction specifically required by statute; and

          (d) Transportation of handicapped students to and from schools and agencies for special education services.

          Extended day transportation shall not be considered part of transportation of students "to and from school" for the purposes of this 1983 act.

          (4) "Hazardous walking conditions" means those instances of the existence of dangerous walkways documented by the board of directors of a school district which meet criteria specified in rules adopted by the superintendent of public instruction.  A school district that receives an exemption for hazardous walking conditions should demonstrate that good faith efforts are being made to alleviate the problem and that the district, in cooperation with other state and local governing authorities, is attempting to reduce the incidence of hazardous walking conditions.  The superintendent of public instruction shall appoint an advisory committee to prepare guidelines and procedures for determining the existence of hazardous walking conditions.  The committee shall include but not be limited to representatives from law enforcement agencies, school districts, the department of transportation, city and county government, the insurance industry, parents, school directors and legislators.

 

        Sec. 47.  Section 3, chapter 265, Laws of 1981 as amended by section 4, chapter 61, Laws of 1983 1st ex. sess. and RCW 28A.41.515 are each amended to read as follows:

          Each district shall submit to the superintendent of public instruction during October of each year a report containing the following:

          (1)(a) The number of eligible students transported to and from school as provided for in RCW ((28A.41.505)) 28A.160.150 for the current school year and the number of miles estimated to be driven for pupil transportation services, along with a map describing student route stop locations and school locations, and (b) the number of miles driven for pupil transportation services as authorized in RCW ((28A.41.505)) 28A.160.150 the previous school year; and

          (2) Other operational data and descriptions as required by the superintendent to determine allocation requirements for each district.

          Each district shall submit the information required in this section on a timely basis as a condition of the continuing receipt of school transportation moneys.

 

        Sec. 48.  Section 4, chapter 265, Laws of 1981 as last amended by section 1, chapter 59, Laws of 1985 and RCW 28A.41.520 are each amended to read as follows:

          Each district's annual student transportation allocation shall be based on differential rates determined by the superintendent of public instruction in the following manner:

          (1) The superintendent shall annually calculate a standard student mile allocation rate for determining the transportation allocation for those services provided for in RCW ((28A.41.505)) 28A.160.150.  "Standard student mile allocation rate," as used in this chapter, means the per mile allocation rate for transporting an eligible student.  The standard student mile allocation rate may be adjusted to include such additional differential factors as distance; restricted passenger load; circumstances that require use of special types of transportation vehicles; handicapped student load; and small fleet maintenance.

          (2) The superintendent of public instruction shall annually calculate allocation rate(s), which shall include vehicle amortization, for determining the transportation allocation for transporting students in district-owned passenger cars, as defined in RCW 46.04.382, pursuant to RCW ((28A.24.055)) 28A.160.010 for services provided for in RCW ((28A.41.505)) 28A.160.150 if a school district deems it advisable to use such vehicles after the school district board of directors has considered the safety of the students being transported as well as the economy of utilizing a district-owned passenger car in lieu of a school bus.

(3) Prior to June 1st of each year the superintendent shall submit to the office of financial management, and the committees on education and ways and means of the senate and house of representatives a report outlining the methodology and rationale used in determining the allocation rates to be used the following year.

 

        Sec. 49.  Section 5, chapter 265, Laws of 1981 as last amended by section 2, chapter 59, Laws of 1985 and RCW 28A.41.525 are each amended to read as follows:

          The superintendent shall notify districts of their student transportation allocation before January 15th.  If the number of eligible students in a school district changes ten percent or more from the October report, and the change is maintained for a period of twenty consecutive school days or more, the district may submit revised eligible student data to the superintendent of public instruction.  The superintendent shall, to the extent funds are available, recalculate the district's allocation for the transportation of pupils to and from school.

          The superintendent shall make the student transportation allocation in accordance with the apportionment payment schedule in RCW ((28A.48.010, as now or hereafter amended)) 28A.510.250.  Such allocation payments may be based on estimated amounts for payments to be made in September, October, November, December, and January.

 

        Sec. 50.  Section 6, chapter 265, Laws of 1981 as amended by section 4, chapter 508, Laws of 1987 and RCW 28A.41.540 are each amended to read as follows:

          The superintendent shall determine the vehicle acquisition allocation in the following manner:

          (1) By May 1st of each year, the superintendent shall develop preliminary categories of student transportation vehicles to ensure adequate student transportation fleets for districts.  The superintendent shall take into consideration the types of vehicles purchased by individual school districts in the state.  The categories shall include, but not be limited to, variables such as vehicle capacity, type of chassis, type of fuel, engine and body type, special equipment, and life of vehicle.  The categories shall be developed in conjunction with the local districts and shall be applicable to the following school year.  The categories shall be designed to produce minimum long-range operating costs, including costs of equipment and all costs incurred in operating the vehicles.  Each category description shall include the estimated state-determined purchase price, which shall be based on the actual costs of the vehicles purchased for that comparable category in the state during the preceding twelve months and the anticipated market price for the next school fiscal year.  By June 15th of each year, the superintendent shall notify districts of the preliminary vehicle categories and state-determined purchase price for the ensuing school year.  By October 15th of each year, the superintendent shall finalize the categories and the associated state-determined purchase price and shall notify districts of any changes.  While it is the responsibility of each district to select each student transportation vehicle to be purchased by the district, each district shall be paid a sum based only on the amount of the state-determined purchase price and inflation as recognized by the reimbursement schedule established in this section as set by the superintendent for the category of vehicle purchased.

          (2) The superintendent shall develop a reimbursement schedule to pay districts for the cost of student transportation vehicles purchased after September 1, 1982.  The accumulated value of the payments and the potential investment return thereon shall be designed to be equal to the replacement value of the vehicle less its salvage value at the end of its anticipated lifetime.  The superintendent shall revise at least annually the reimbursement payments based on the current and anticipated future cost of comparable categories of transportation equipment.  Reimbursements to school districts for approved transportation equipment shall be placed in a separate vehicle transportation fund established for each school district under RCW ((28A.58.428)) 28A.160.130.  However, educational service districts providing student transportation services pursuant to RCW ((28A.21.086(4))) 28A.310.180(4) and receiving moneys generated pursuant to this section shall establish and maintain a separate vehicle transportation account in the educational service district's general expense fund for the purposes and subject to the conditions under RCW ((28A.58.428)) 28A.160.130 and ((28A.58.430)) 28A.320.300.

          (3) To the extent possible, districts shall operate vehicles acquired under this section not less than the number  of years or useful lifetime now, or hereafter, assigned to the class of vehicles by the superintendent.  School districts shall properly maintain the transportation equipment acquired under the provisions of this section, in accordance with rules established by the office of the superintendent of public instruction.  If a district fails to follow generally accepted standards of maintenance and operation, the superintendent of public instruction shall penalize the district by deducting from future reimbursements under this section an amount equal to the original cost of the vehicle multiplied by the fraction of the useful lifetime or miles the vehicle failed to operate.

          (4) The superintendent shall annually develop a depreciation schedule to recognize the cost of depreciation to districts contracting with private carriers for student transportation.  Payments on this schedule shall be a straight line depreciation based on the original cost of the appropriate category of vehicle.

 

        Sec. 51.  Section 1, chapter 3, Laws of 1973 1st ex. sess. and RCW 28A.41.180 are each amended to read as follows:

          If the superintendent of public instruction or the state board of education, in carrying out their powers and duties under Title 28A RCW, request the service of any certificated employee of a school district upon any committee formed for the purpose of furthering education within the state, or within any school district therein, and such service would result in a need for a school district to employ a substitute for such certificated employee during such service, payment for such a substitute may be made by the superintendent of public instruction from funds appropriated by the legislature for the current use of the common schools and such payments shall be construed as amounts needed for state support to the common schools under RCW ((28A.41.050)) 28A.150.380.  If such substitute is paid by the superintendent of public instruction, no deduction shall be made from the salary of the certificated employee.  In no event shall a school district deduct from the salary of a certificated employee serving on such committee more than the amount paid the substitute employed by the district.

          4.  Learning Assistance Program

 

 

 

        Sec. 52.  Section 3, chapter 478, Laws of 1987 and RCW 28A.120.014 are each amended to read as follows:

          Unless the context clearly indicates otherwise the definitions in this section apply throughout RCW ((28A.120.010 through 28A.120.026)) 28A.165.010 through 28A.165.090.

          (1) "Basic skills" means reading, mathematics, and language arts as well as readiness activities associated with such skills.

          (2) "Placement  testing" means the administration of objective measures by a school district for the purposes of diagnosing the basic skills achievement levels, determining the basic skills areas of greatest need, and establishing the learning assistance needs of individual students in conformance with instructions established by the superintendent of public instruction for such purposes.

          (3) "Approved program" means a program conducted pursuant to a plan submitted by a district and approved by the superintendent of public instruction under RCW ((28A.120.016)) 28A.165.040.

          (4) "Participating student" means a student in kindergarten through grade nine who scores below grade level in basic skills, as determined by placement testing, and who is identified under RCW ((28A.120.018)) 28A.165.050 to receive additional services or support under an approved program.

          (5) "Basic skills tests" means state-wide tests at the fourth and eighth grade levels established pursuant to RCW ((28A.03.360)) 28A.230.190.

 

        Sec. 53.  Section 4, chapter 478, Laws of 1987 as amended by section 2, chapter 233, Laws of 1989 and RCW 28A.120.016 are each amended to read as follows:

          Each school district which applies for state funds distributed pursuant to RCW ((28A.120.022)) 28A.165.070 shall conduct a needs assessment and, on the basis of its findings, shall develop a plan for the use of these funds.  The plan may incorporate plans developed by each eligible school.  Districts are encouraged to place special emphasis on addressing the needs of students in the early grades.  The needs assessment and plan shall be updated at least biennially, and shall be determined in consultation with an advisory committee including but not limited to members of the following groups:  Parents, including parents of students served by the program; teachers; principals; administrators; and school directors.  The district shall submit a biennial application specifying this plan to the office of the superintendent of public instruction for approval. Plans shall include:

          (1) The means which the district will use to identify participating students to receive additional services or support under the proposed program;

          (2) The specific services or activities which the funds will be used to support, and their estimated costs;

          (3) A plan for annual evaluation of the program by the district, based on performance objectives related to basic skills achievement of participating students, and a plan for reporting the results of this evaluation to the superintendent of public instruction;

          (4) Procedures for recordkeeping or other program documentation as may be required by the superintendent of public instruction; and

          (5) The approval of the local school district board of directors.

 

        Sec. 54.  Section 7, chapter 478, Laws of 1987 and RCW 28A.120.022 are each amended to read as follows:

          Each school district which has established an approved program shall be eligible, as determined by the superintendent of public instruction, for state funds made available for the purposes of such programs.  The superintendent of public instruction shall make use of data derived from the basic skills tests in determining the amount of funds for which a district may be eligible.  Funds shall be distributed according to the district's total full-time equivalent enrollment in kindergarten through grade nine and the percentage of the district's students taking the basic skills tests who scored in the lowest quartile as compared with national norms.  In making this calculation, the superintendent of public instruction may use an average over the immediately preceding five or fewer years of the district's percentage scoring in the lowest quartile.  The superintendent of public instruction shall also deduct the number of students at these age levels who are identified as specific learning disabled and are generating state funds for special education programs conducted pursuant to ((chapter 28A.13)) RCW 28A.155.010 through 28A.155.100, in distributing state funds for learning assistance.  The distribution formula in this section is for allocation purposes only.

 

        Sec. 55.  Section 8, chapter 478, Laws of 1987 and RCW 28A.120.024 are each amended to read as follows:

          In order to insure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every three years.  The results of the evaluations required by RCW ((28A.120.016)) 28A.165.040 shall be transmitted to the superintendent of public instruction annually.  Individual student records shall be maintained at the school district.

 

        Sec. 56.  Section 9, chapter 478, Laws of 1987 and RCW 28A.120.026 are each amended to read as follows:

          The superintendent of public instruction shall promulgate rules pursuant to chapter 34.05 RCW which he or she deems necessary to implement RCW ((28A.120.010 through 28A.120.024)) 28A.165.010 through 28A.165.080.

          5.  Substance Abuse Awareness Program

 

 

 

        Sec. 57.  Section 206, chapter 518, Laws of 1987 as amended by section 5, chapter 233, Laws of 1989 and RCW 28A.120.032 are each amended to read as follows:

          The superintendent of public instruction shall adopt rules to implement this section, RCW ((28A.120.030, and 28A.120.034 through 28A.120.050)) 28A.170.010, and 28A.170.030 through 28A.170.070 and shall distribute to school districts on a grant basis, from moneys appropriated for the purposes of this section, RCW ((28A.120.030 and 28A.120.034 through 28A.120.050)) 28A.170.010, and 28A.170.030 through 28A.170.070, funds for the development and implementation of educational and disciplinary policies leading to the implementation of prevention, intervention, and aftercare activities regarding the use and abuse of drugs and alcohol.  The following program areas may be funded through moneys made available for this section, RCW ((28A.120.030, and 28A.120.034 through 28A.120.050)) 28A.170.010, and 28A.170.030 through 28A.170.070, including but not limited to:

          (1) Comprehensive program development;

          (2) Prevention programs directed at addressing addictive substances such as alcohol, drugs, and nicotine;

          (3) Elementary identification and intervention programs including counseling programs;

          (4) Secondary identification and intervention programs including counseling programs;

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

          (6) Development of referral and preassessment procedures;

          (7) Aftercare;

          (8) Drug and alcohol specialist;

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

          (10) Coordination with law enforcement, community service providers,  other school districts, educational service districts, and drug and alcohol treatment facilities.

 

        Sec. 58.  Section 208, chapter 518, Laws of 1987 and RCW 28A.120.036 are each amended to read as follows:

          School districts may apply on an annual basis to the superintendent of public instruction for continued funding of a local substance abuse awareness program meeting the provisions of RCW ((28A.120.032 through 28A.120.050)) 28A.170.020 through 28A.170.070 and shall submit an application that includes:  (1) Verification of the adoption of comprehensive district policies; (2) proposed changes to the district's substance abuse awareness program, 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) a report evaluating the effectiveness of the previously funded program one year after the program is implemented, including all the information required in this section.

 

        Sec. 59.  Section 211, chapter 518, Laws of 1987 and RCW 28A.120.050 are each amended to read as follows:

          If any part of RCW ((28A.120.032 through 28A.120.040)) 28A.170.020 through 28A.170.060 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 RCW ((28A.120.032 through 28A.120.040)) 28A.170.020 through 28A.170.060 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 RCW ((28A.120.032 through 28A.120.040)) 28A.170.020 through 28A.170.060 in its application to the agencies concerned.  The rules under RCW ((28A.120.032 through 28A.120.040)) 28A.170.020 through 28A.170.060 shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.

 

        Sec. 60.  Section 310, chapter 271, Laws of 1989 and RCW 28A.120.080 are each amended to read as follows:

          (1) The legislature finds that the provision of drug and alcohol counseling and related prevention and intervention services in schools will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potentials.

          (2) The legislature finds that it is essential that resources be made available to school districts to provide early drug and alcohol prevention and intervention services to students and their families; to assist in referrals to treatment providers; and to strengthen the transition back to school for students who have had problems of drug and alcohol abuse.

          (3) New and existing substance abuse awareness programs funded pursuant to RCW ((28A.120.030 through 28A.120.050)) 28A.170.010 through 28A.170.070 do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.

          (4) The legislature intends to provide grants for drug and alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of students at risk.

 

        Sec. 61.  Section 311, chapter 271, Laws of 1989 and RCW 28A.120.082 are each amended to read as follows:

          (1) Grants provided under RCW ((28A.120.084)) 28A.170.090 may be used solely for services provided by a substance abuse intervention specialist or for dedicated staff time for counseling and intervention services provided by any school district certificated employee who has been trained by and has access to consultation with a substance abuse intervention specialist.  Services shall be directed at assisting students in kindergarten through twelfth grade in overcoming problems of drug and alcohol abuse, and in preventing abuse and addiction to such substances, including nicotine.  The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded.  The services of a substance abuse intervention specialist may be obtained by means of a contract with a state or community services agency or a drug treatment center.  Services provided by a substance abuse intervention specialist may include:

          (a) Individual and family counseling, including preventive counseling;

          (b) Assessment and referral for treatment;

          (c) Referral to peer support groups;

          (d) Aftercare;

          (e) Development and supervision of student mentor programs;

          (f) Staff training, including training in the identification of high-risk children and effective interaction with those children in the classroom; and

          (g) Development and coordination of school drug and alcohol core teams, involving staff, students, parents, and community members.

          (2) For the purposes of this section, "substance abuse intervention specialist" means any one of the following, except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the same qualifications as are required of a qualified chemical dependency counselor employed by an alcoholism or drug treatment program approved by the department of social and health services.

          (a) An educational staff associate employed by a school district or educational service district who holds certification as a school counselor, school psychologist, school nurse, or school social worker under state board of education rules adopted pursuant to RCW ((28A.04.120)) 28A.305.130;

          (b) An individual who meets the definition of a qualified drug or alcohol counselor established by the bureau of alcohol and substance abuse;

          (c) A counselor, social worker, or other qualified professional employed by the department of social and health services;

          (d) A psychologist licensed under chapter 18.83 RCW; or

          (e) A children's mental health specialist as defined in RCW 71.34.020.

 

        Sec. 62.  Section 312, chapter 271, Laws of 1989 and RCW 28A.120.084 are each amended to read as follows:

          (1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug and alcohol abuse prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose.  The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars.  Factors to be used in selecting proposals for funding and in determining grant awards shall be developed in consultation with the substance abuse advisory committee appointed  under RCW ((28A.120.038)) 28A.170.050, with the intent of targeting funding to districts with high-risk populations.  These factors may include:

          (a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;

          (b) The total number of students who would have access to services; and

          (c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and intervention activities.

          (2) The application procedures for grants under this section shall be consistent with the application procedures for other grants for substance abuse awareness programs under RCW ((28A.120.032)) 28A.170.020, including provisions for comprehensive planning, establishment of a school and community substance abuse advisory committee, and documentation of the district's needs assessment.  Planning and application for grants under this section may be integrated with the development of other substance abuse awareness programs by school districts, and other grants under RCW ((28A.120.030 through 28A.120.036)) 28A.170.010 through 28A.170.040 shall not require a separate application.  School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness programs.  School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for students in grades five through nine.  Grants may be used to provide services for students who are enrolled in approved private schools.

          (3) School districts receiving grants under this section shall be required to establish a means of accessing formal assessment services for determining treatment needs of students with drug and alcohol problems.  The grant applications submitted by districts shall identify the districts' plan for meeting this requirement.

          (4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug and alcohol abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction.

          (5) The superintendent of public instruction may adopt rules to implement RCW ((28A.120.082 through 28A.120.086)) 28A.170.080 through 28A.170.100.

 

        Sec. 63.  Section 313, chapter 271, Laws of 1989 and RCW 28A.120.086 are each amended to read as follows:

          (1) School districts are encouraged to promote parent and community involvement in drug and alcohol abuse prevention and intervention programs, through parent visits under RCW ((28A.58.053)) 28A.605.020 and through any school involvement program established by the district under RCW ((28A.58.640 through 28A.58.648)) 28A.615.010 through 28A.615.050.

          (2) Districts are further encouraged to review drug and alcohol prevention and intervention programs as part of the self-study procedures required under RCW ((28A.58.085)) 28A.320.200 and as part of any annual goal-setting process the district may have established under RCW ((28A.58.094)) 28A.320.220.

          6. Dropout Prevention and Retrieval Program

 

 

 

        Sec. 64.  Section 214, chapter 518, Laws of 1987 as amended by section 1, chapter 209, Laws of 1989 and RCW 28A.120.062 are each amended to read as follows:

          (1) The superintendent of public instruction is authorized and shall grant funds to selected school districts to assist in the development of student motivation, retention, and retrieval programs for youth who are at risk of dropping out of school or who have dropped out of school.  The purpose of the state assistance for such school district programs is to provide districts the necessary money which will encourage the development by districts or cooperatives of districts of integrated programs for students who are at risk of dropping out of school or who have dropped out of school.

          (2) Funds as may be appropriated for the purposes of this section and RCW ((28A.120.064 through 28A.120.072)) 28A.175.040 through 28A.175.070 shall be distributed to qualifying school districts for initial planning, development, and implementation of educational programs designed to motivate, retain, and retrieve students.

          (3) Funds shall be distributed among qualifying school districts on a per pupil basis in accordance with the following state funding formula:  To determine the per pupil allocation, the appropriation for this purpose shall be divided by the total full-time equivalent student population of all qualifying districts as determined on October 1 of the first year of each biennium.  The resulting dollar amount shall be multiplied by the current school year October 1 total full-time equivalent student population of each qualifying school district to determine the maximum grant that each qualifying school district is eligible to receive.  No district may receive more than is necessary for planning and implementation activities outlined in the district's grant application.

          (4) The eligibility of a school district or cooperative of school districts to receive program implementation funds shall be determined once every two years.

          (5) Should one or more eligible school districts not request funds available under subsection (3) of this section, the funds may be expended or allocated to other qualifying school districts on a nonformula grant basis by the superintendent of public instruction for the purpose of furthering student motivation, retention, and retrieval programs.

 

        Sec. 65.  Section 215, chapter 518, Laws of 1987 as amended by section 2, chapter 209, Laws of 1989 and RCW 28A.120.064 are each amended to read as follows:

          (1) In distributing grant funds, the superintendent of public instruction shall first award funds to each school district with a dropout rate which, as determined by the superintendent of public instruction, is over time in the top twenty-five percent of all districts' dropout rates.

          (2) The superintendent may grant funds to a cooperative of districts which may include one district, or more, whose dropout rate is not in the top twenty-five percent of all districts' dropout rates.

          (3) The sum of all grants awarded pursuant to RCW ((28A.120.062 through 28A.120.072)) 28A.175.030 through 28A.175.070 for a particular biennium shall not exceed the amount appropriated by the legislature for such purposes.

 

        Sec. 66.  Section 217, chapter 518, Laws of 1987 and RCW 28A.120.068 are each amended to read as follows:

          The superintendent of public instruction shall adopt rules to carry out the purposes of RCW ((28A.120.062 through 28A.120.072)) 28A.175.030 through 28A.175.070.  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 that no less than twenty percent of the moneys from the program implementation grant 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 RCW ((28A.120.062 through 28A.120.072)) 28A.175.030 through 28A.175.070 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 with priority going to districts with dropout rates over time in the top twenty-five percent of all districts' dropout rates.

          7. Transitional Bilingual Instruction Program

 

 

 

        Sec. 67.  Section 1, chapter 95, Laws of 1979 as amended by section 1, chapter 124, Laws of 1984 and RCW 28A.58.800 are each amended to read as follows:

          RCW ((28A.58.800 through 28A.58.810)) 28A.180.010 through 28A.180.080 shall be known and cited as "The Transitional Bilingual Instruction Act(("))."  The legislature finds that there are large numbers of children who come from homes where the primary language is other than English.  The legislature finds that a transitional bilingual education program can meet the needs of these children.  Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW ((28A.58.800 through 28A.58.810)) 28A.180.010 through 28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools, and to provide supplemental financial assistance to school districts to meet the extra costs of these programs.

 

        Sec. 68.  Section 2, chapter 95, Laws of 1979 as amended by section 2, chapter 124, Laws of 1984 and RCW 28A.58.802 are each amended to read as follows:

          As used in RCW ((28A.58.800 through 28A.58.810)) 28A.180.010 through 28A.180.080, unless the context thereof indicates to the contrary:

          (1) "Transitional bilingual instruction" means:

          (a) A system of instruction which uses two languages, one of which is English, as a means of instruction to build upon and expand language skills to enable the pupil to achieve competency in English.  Concepts and information are introduced in the primary language and reinforced in the second language:  PROVIDED, That the program shall include testing in the subject matter in English; or

          (b) In those cases in which the use of two languages is not practicable as established by the superintendent of public instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a second language and is designed to enable the pupil to achieve competency in English.

          (2) "Primary language" means the language most often used by the student for communication in his/her home.

          (3) "Eligible pupil" means any enrollee of the school district whose primary language is other than English and whose English language skills are sufficiently deficient or absent to impair learning.

 

        Sec. 69.  Section 5, chapter 95, Laws of 1979 as amended by section 5, chapter 124, Laws of 1984 and RCW 28A.58.808 are each amended to read as follows:

          The superintendent of public instruction shall:

          (1) Promulgate and issue program development guidelines to assist school districts in preparing their programs;

          (2) Promulgate rules for implementation of RCW ((28A.58.800 through 28A.58.810)) 28A.180.010 through 28A.180.080 in accordance with chapter 34.05 RCW.  The rules shall be designed to maximize the role of school districts in selecting programs appropriate to meet the needs of eligible students.  The rules shall identify the process and criteria to be used to determine when a student is no longer eligible for transitional bilingual instruction pursuant to RCW ((28A.58.800 through 28A.58.810)) 28A.180.010 through 28A.180.080.

 

        Sec. 70.  Section 6, chapter 124, Laws of 1984 and RCW 28A.58.809 are each amended to read as follows:

          School districts may enrich the programs required by RCW ((28A.58.800 through 28A.58.810)) 28A.180.010 through 28A.180.080:  PROVIDED, That such enrichment shall not constitute a basic education responsibility of the state.

 

        Sec. 71.  Section 6, chapter 95, Laws of 1979 and RCW 28A.58.810 are each amended to read as follows:

          The superintendent of public instruction shall prepare and submit biennially to the governor and the legislature a budget request for bilingual instruction programs.  Moneys appropriated by the legislature for the purposes of RCW ((28A.58.800 through 28A.58.810)) 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program; priorities for funding shall exist for the early elementary grades.  No moneys shall be allocated pursuant to this section to fund more than three school years of bilingual instruction for each eligible pupil within a district:  PROVIDED, That such moneys may be allocated to fund more than three school years of bilingual instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English.  The superintendent of public instruction shall set standards and approve a test for the measurement of such English language skills.  School districts are hereby empowered to accept grants, gifts, donations, devices and other gratuities from private and public sources to aid in accomplishing the purposes of RCW ((28A.58.800 through 28A.58.810)) 28A.180.010 through 28A.180.080.

          8. Highly Capable

 

 

 

        Sec. 72.  Section 14, chapter 278, Laws of 1984 and RCW 28A.16.050 are each amended to read as follows:

          Supplementary funds as may be provided by the state for this program, in accordance with RCW ((28A.41.162)) 28A.150.370, shall be categorical funding on an excess cost basis based upon a per student amount not to exceed three percent of any district's full-time equivalent enrollment.

 

        Sec. 73.  Section 222, chapter 518, Laws of 1987 as amended by section 9, chapter 233, Laws of 1989 and RCW 28A.58.217 are each amended to read as follows:

          (1) The superintendent of public instruction shall contract with the University of Washington for the education of highly capable students below eighteen years of age who are admitted or enrolled at such early entrance program or transition school as are now or hereafter established and maintained by the University of Washington.

          (2) The superintendent of public instruction shall allocate directly to the University of Washington all of the state basic education allocation moneys, state categorical moneys excepting categorical moneys provided for the highly capable students program under ((chapter 28A.16)) RCW 28A.185.010 through 28A.185.030, and federal moneys generated by a student while attending an early entrance program or transition school at the  University of Washington.  The allocations shall be according to each student's school district of residence.  The expenditure of such moneys shall be limited to selection of students, precollege instruction, special advising, and related activities necessary for the support of students while attending a transition school or early entrance program at the University of Washington.  Such allocations may be supplemented with such additional payments by other parties as necessary to cover the actual and full costs of such instruction and other activities.

          (3) The provisions of subsections (1) and (2) of this section shall apply during the first three years a student is attending a transition school or early entrance program at the University of Washington or through the academic school year in which the student turns eighteen, whichever occurs first.  No more than thirty students shall be admitted and enrolled in the transition school at the University of Washington in any one year.

           (4) The superintendent of public instruction shall adopt or amend rules pursuant to chapter 34.05 RCW implementing subsection (2) of this section before August 31, 1989.

          9. Residential Education Programs

 

 

 

        Sec. 74.  Section 3, chapter 98, Laws of 1983 and RCW 28A.58.765 are each amended to read as follows:

          A program of education shall be provided for by the department of social and health services and the several school districts of the state for common school age persons who have been admitted to facilities staffed and maintained by the department of social and health services for the education and treatment of juveniles who have been diverted or who have been found to have committed a juvenile offense.  The division of duties, authority, and liabilities of the department of social and health services and the several school districts of the state respecting the educational programs shall be the same in all respects as set forth in RCW ((28A.58.772 through 28A.58.778)) 28A.190.030 through 28A.190.060 respecting programs of education for state residential school residents.  For the purposes of this section, the term "residential school" or "schools" as used in RCW ((28A.58.772 through 28A.58.778)) 28A.190.030 through 28A.190.060 shall be construed to mean a facility staffed and maintained by the department of social and health services for the education and treatment of juvenile offenders on probation or parole.  Nothing in this section shall prohibit a school district from utilizing the services of an educational service district subject to RCW ((28A.21.086)) 28A.310.180.

 

        Sec. 75.  Section 1, chapter 217, Laws of 1979 ex. sess. and RCW 28A.58.770 are each amended to read as follows:

          The term "residential school" as used in RCW ((28A.58.770 through 28A.58.778)) 28A.190.020 through 28A.190.060, 72.01.200, 72.05.010 and 72.05.130, each as now or hereafter amended, shall mean Green Hill school, Maple Lane school, Naselle Youth Camp, Cedar Creek Youth Camp, Mission Creek Youth Camp, Echo Glen, ((Cascadia Diagnostic Center,)) Lakeland Village, Rainier school, Yakima Valley school, Interlake school, Fircrest school, Francis Haddon Morgan Center, the Child Study and Treatment Center and Secondary School of Western State Hospital, and such other schools, camps, and centers as are now or hereafter established by the department of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts or  for the care and treatment of persons who are exceptional in their needs by reason of mental and/or physical deficiency:  PROVIDED, That the term shall not include the state schools for the deaf and blind or adult correctional institutions.

 

        Sec. 76.  Section 2, chapter 217, Laws of 1979 ex. sess. as last amended by section 13, chapter 341, Laws of 1985 and RCW 28A.58.772 are each amended to read as follows:

          Each school district within which there is located a residential school shall, singly or in concert with another school district pursuant to RCW ((28A.58.075 and 28A.58.245)) 28A.335.160 and 28A.225.250 or pursuant to chapter 39.34 RCW, ((each as now or hereafter amended,)) conduct a program of education, including related student activities, for residents of the residential school.  Except as otherwise provided for by contract pursuant to RCW ((28A.58.776, as now or hereafter amended)) 28A.190.050, the duties and authority of a school district and its employees to conduct such a program shall be limited to the following:

          (1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons, deemed necessary by the school district for the conduct of the program of education;

          (2) The purchase, lease or rental and provision of textbooks, maps, audio-visual equipment, paper, writing instruments, physical education equipment and other instructional equipment, materials and supplies, deemed necessary by the school district for the conduct of the program of education;

          (3) The development and implementation, in consultation with the superintendent or chief administrator of the residential school or his or her designee, of the curriculum;

          (4) The conduct of a program of education, including related student activities, for residents who are three years of age and less than twenty-one years of age, and have not met high school graduation requirements as now or hereafter established by the state board of education and the school district which includes:

          (a) Not less than one hundred and eighty school days each school year;

          (b) Special education pursuant to ((chapter 28A.13 RCW, as now or hereafter amended)) RCW 28A.155.010 through 28A.155.100, and vocational education, as necessary to address the unique needs and limitations of residents; and

          (c) Such courses of instruction and school related student activities as are provided by the school district for nonresidential school students to the extent it is practical and judged appropriate for the residents by the school district after consultation with the superintendent or chief administrator of the residential school:  PROVIDED, That a preschool special education program  may be provided for handicapped residential school students;

          (5) The control of students while participating in a program of education conducted pursuant to this section and the discipline, suspension or expulsion of students for violation of reasonable rules of conduct adopted by the school district; and

          (6) The expenditure of funds for the direct and indirect costs of maintaining and operating the program of education that are appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating residential school programs of education, and funds from federal and private grants, bequests and gifts made for the purpose of maintaining and operating the program of education.

 

        Sec. 77.  Section 3, chapter 217, Laws of 1979 ex. sess. and RCW 28A.58.774 are each amended to read as follows:

          The duties and authority of the department of social and health services and of each superintendent or chief administrator of a residential school to support each program of education conducted by a school district pursuant to RCW ((28A.58.772, as now or hereafter amended)) 28A.190.030, shall include the following:

          (1) The provision of transportation for residential school students to and from the sites of the program of education through the purchase, lease or rental of school buses and other vehicles as necessary;

          (2) The provision of safe and healthy building and playground space for the conduct of the program of education through the construction, purchase, lease or rental of such space as necessary;

          (3) The provision of furniture, vocational instruction machines and tools, building and playground fixtures, and other equipment and fixtures for the conduct of the program of education through construction, purchase, lease or rental as necessary;

          (4) The provision of heat, lights, telephones, janitorial services, repair services, and other support services for the vehicles, building and playground spaces, equipment and fixtures provided for in this section;

          (5) The employment, supervision and control of persons to transport students and to maintain the vehicles, building and playground spaces, equipment and fixtures, provided for in this section;

          (6) Clinical and medical evaluation services necessary to a determination by the school district of the educational needs of residential school students; and

          (7) Such other support services and facilities as are reasonably necessary for the conduct of the program of education.

 

        Sec. 78.  Section 4, chapter 217, Laws of 1979 ex. sess. and RCW 28A.58.776 are each amended to read as follows:

          Each school district required to conduct a program of education pursuant to RCW ((28A.58.772, as now  or hereafter amended)) 28A.190.030, and the department of social and health services shall hereafter negotiate and execute a written contract for each school year or such longer period as may be agreed to which delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved.  Any such contract may provide for the performance of duties by a school district in addition to those set forth in ((subsections (1) through (5) of RCW 28A.58.772, as now or hereafter amended)) RCW 28A.190.030 (1) through (5), including duties imposed upon the department of social and health services and its agents pursuant to RCW ((28A.58.774, as now or hereafter amended)) 28A.190.040:  PROVIDED, That funds identified in ((subsection (6) of RCW 28A.58.772 as now or hereafter amended,)) RCW 28A.190.030(6) and/or funds provided by the department of social and health services are available to fully pay the direct and indirect costs of such additional duties and the district is otherwise authorized by law to perform such duties in connection with the maintenance and operation of a school district.

 

        Sec. 79.  Section 5, chapter 217, Laws of 1979 ex. sess. and RCW 28A.58.778 are each amended to read as follows:

          The department of social and health services shall provide written notice on or before April 15th of each school year to the superintendent of each school district conducting a program of education pursuant to RCW ((28A.58.772 through 28A.58.776, as now or hereafter amended,)) 28A.190.030 through 28A.190.050 of any foreseeable residential school closure, reduction in the number of residents, or any other cause for a reduction in the school district's staff for the next school year.  In the event the department of social and health services fails to provide notice as prescribed by this section, the department shall be liable and responsible for the payment of the salary and employment related costs for the next school year of each school district employee whose contract the school district would have nonrenewed but for the failure of the department to provide notice.

          10. Private Schools

 

 

 

        Sec. 80.  Section 2, chapter 92, Laws of 1974 ex. sess. as last amended by section 1, chapter 16, Laws of 1985 and by section 4, chapter 441, Laws of 1985 and RCW 28A.02.201 are each reenacted and amended to read as follows:

          The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements.  The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.

          Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations.  After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected.  In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements.  Minimum requirements shall be as follows:

          (1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days or the equivalent in annual minimum program hour offerings as prescribed in RCW ((28A.58.754)) 28A.150.220.

          (2) The school day shall be the same as that required in RCW ((28A.01.010 and 28A.58.754, each as now or hereafter amended)) 28A.150.030 and 28A.150.220, except that the percentages of total program hour offerings as prescribed in RCW ((28A.58.754)) 28A.150.220 for basic skills, work skills, and optional subjects and activities shall not apply to private schools or private sectarian schools.

          (3) All classroom teachers shall hold appropriate Washington state certification except as follows:

          (a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses.

          (b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision.  Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances.

          (4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody.  The extension program shall require at a minimum that:

          (a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter ((28A.70)) 28A.410 RCW;

          (b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section;

          (c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program;

          (d) Each student's progress be evaluated by the certified person; and

          (e) The certified employee shall not supervise more than thirty students enrolled in the approved private school's extension program.

          (5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage.

          (6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district:  PROVIDED, That each school building shall meet reasonable health and fire safety requirements.  A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section.

          (7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements.

          (8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district.

          All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) above provided, school rules and administration, or other matters not specifically referred to in this section, shall be the responsibility of the administration and administrators of the particular private school involved.

 

        Sec. 81.  Section 7, chapter 215, Laws of 1971 ex. sess. as last amended by section 29, chapter 3, Laws of 1983 and RCW 28A.02.240 are each amended to read as follows:

          The state board of education shall promulgate rules and regulations for the enforcement of RCW ((28A.02.201 and 28A.02.220 through 28A.02.240, 28A.04.120 and 28A.27.010)) 28A.195.010 through 28A.195.040, 28A.225.010, and 28A.305.130, including a provision which denies approval to any school engaging in a policy of racial segregation or discrimination.

          11. Home-Based Instruction

 

 

 

        Sec. 82.  Section 2, chapter 441, Laws of 1985 and RCW 28A.27.310 are each amended to read as follows:

          Each parent whose child is receiving home-based instruction under RCW ((28A.27.010(4))) 28A.225.010(4) shall have the duty to:

          (1) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive home-based instruction.  The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction.  Each parent shall file the statement by September 15 of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides;

          (2) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or private school to which the child transfers.  At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child's records; and

          (3) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student's academic progress is written by a certificated person who is currently working in the field of education.  The standardized test administered or the annual academic progress assessment written shall be made a part of the child's permanent records.  If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency.

          Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent's child to attend school without valid justification under RCW ((28A.27.020)) 28A.225.020.  Parents who do comply with the duties set forth in this section shall be presumed to be providing home-based instruction as set forth in RCW ((28A.27.010(4))) 28A.225.010(4).

 

        Sec. 83.  Section 3, chapter 441, Laws of 1985 and RCW 28A.27.320 are each amended to read as follows:

          The state hereby recognizes that parents who are causing their children to receive home-based instruction under RCW ((28A.27.010(4))) 28A.225.010(4) shall be subject only to those minimum state laws and regulations which are necessary to insure that a sufficient basic educational opportunity is provided to the children receiving such instruction.  Therefore, all decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and methods, timing, and place in the provision or evaluation of home-based instruction shall be the responsibility of the parent except for matters specifically referred to in this chapter.

          12. Educational Clinics

 

 

 

        Sec. 84.  Section 1, chapter 341, Laws of 1977 ex. sess. as amended by section 38, chapter 3, Laws of 1983 and RCW 28A.97.010 are each amended to read as follows:

          (1)  As used in this chapter, unless the context thereof shall clearly indicate to the contrary:

          Educational clinic means any private school operated on a profit or nonprofit basis which does the following:

          (a)  Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation.

          (b)  Operates on a clinical, client centered basis.  This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client's progress in his or her educational program.

          (c)  Conducts courses of instruction by professionally trained personnel certificated by the state board of education according to rules and regulations promulgated for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an educational clinic shall be deemed equal to a year's teaching experience in a common or private school.

          (2)  For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting of the common schools or the approval of private schools under RCW ((28A.04.120)) 28A.305.130.

          (3)  The state board of education shall certify an education clinic only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) above and (b) demonstration on the basis of actual educational performance of such applicants' students which shows after consideration of their students' backgrounds, educational gains that are a direct result of the applicants' educational program.  Such certification may be withdrawn if the board finds that a clinic fails to provide adequate instruction in basic academic skills.  No educational clinic certified by the state board of education pursuant to this section shall be deemed a common school under RCW ((28A.01.060)) 28A.150.020 or a private school for the purposes of RCW ((28A.02.201 through 28A.02.250)) 28A.195.010 through 28A.195.050.

 

        Sec. 85.  Section 2, chapter 341, Laws of 1977 ex. sess. as amended by section 1, chapter 174, Laws of 1979 ex. sess. and RCW 28A.97.020 are each amended to read as follows:

          Only eligible common school dropouts shall be enrolled in a certified educational clinic for reimbursement by the superintendent of public instruction as provided in RCW ((28A.97.040)) 28A.205.040.  No person shall be considered an eligible common school dropout who (1) has completed high school, (2) who has not reached his or her thirteenth birthday or has passed his or her twentieth birthday, or (3) shows proficiency beyond the high school level in a test approved by the superintendent of public instruction to be given as part of the initial diagnostic procedure, or (4) until one month has passed after he or she has dropped out of any common school and the educational clinic has received written verification from a school official of the common school last attended in this state that such person is no longer in attendance at such school, unless such clinic has been requested to admit such person by written communication of the board of directors or its designee, of that common school, or unless such person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion therefrom.  The fact that any person may be subject to ((chapter 28A.27)) RCW 28A.225.010 through 28A.225.150, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter.

 

        Sec. 86.  Section 3, chapter 341, Laws of 1977 ex. sess. and RCW 28A.97.030 are each amended to read as follows:

          The superintendent of public instruction shall adopt, by rules, policies and procedures to permit a prior common school dropout to reenter at the grade level appropriate to such individual's ability:  PROVIDED, That such individual shall be placed with the class he or she would be in had he or she not dropped out and graduate with that class, if ((his)) the student's ability so permits notwithstanding any loss of credits prior to reentry and if such student earns credits at the normal rate subsequent to reentry.

          Notwithstanding any other provision of law, any certified educational clinic student, upon completion of an individual student program and irrespective of age, shall be eligible to take the general educational development test as given throughout the state.

 

        Sec. 87.  Section 4, chapter 341, Laws of 1977 ex. sess. as amended by section 2, chapter 174, Laws of 1979 ex. sess. and RCW 28A.97.040 are each amended to read as follows:

          From funds appropriated for that purpose, the superintendent of public instruction shall pay to a certified clinic on a monthly basis for each student enrolled in compliance with RCW ((28A.97.020)) 28A.205.020, fees in accordance with the following conditions:

          (1) (a) The fee for the initial diagnostic procedure shall be not more than fifty dollars per student, and hourly fees for each student shall be sixteen dollars if the class size is no greater than one, ten dollars if the class size is at least two and no greater than five, and five dollars if the class size is at least six:  PROVIDED, That revisions in such fees proposed by an education clinic shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect:  PROVIDED FURTHER, That an education clinic may, within fifteen days after such a finding by the superintendent, file notification of appeal with the state board of education which shall, no later than its second regularly scheduled meeting following notification of such appeal, either grant or deny the proposed revision:  AND PROVIDED FURTHER, That the administration of any general education development test shall not be a part of such initial diagnostic procedure.

          (b) Reimbursements shall not be made for students who are absent.

          (c) No clinic shall make any charge to any student, or ((his)) the student's parent, guardian or custodian, for whom a fee is being received under the provisions of this section.

          (2) Payments shall be made from available funds first to those clinic(s) which have in the judgment of the superintendent demonstrated superior performance based upon consideration of students' educational gains taking into account such students' backgrounds, and upon consideration of cost effectiveness.  In considering the cost effectiveness of nonprofit clinics the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status.

          (3) To be eligible for such payment, every such clinic, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours.

          (4) If total funds for this purpose approach depletion, the superintendent shall notify the clinics of the date after which further funds for reimbursement of the clinics' services will be exhausted.

 

        Sec. 88.  Section 5, chapter 341, Laws of 1977 ex. sess. and RCW 28A.97.050 are each amended to read as follows:

          In accordance with chapter 34.05 RCW, the administrative procedure act, the state board of education with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules and regulations to carry out the purpose and intent of this chapter.

          Criteria as promulgated by the state board of education or superintendent of public instruction for determining if any educational clinic is providing adequate instruction in basic academic skills or demonstrating superior performance in student educational gains for funding under RCW ((28A.97.040)) 28A.205.040 shall be subject to review by four members of the legislature, one from each caucus of each house, including the ((chairpersons)) chairs of the respective education committees.

 

        Sec. 89.  Section 3, chapter 434, Laws of 1985 and RCW 28A.97.120 are each amended to read as follows:

          In allocating funds appropriated for educational clinics, the superintendent of public instruction shall:

          (1) Place priority upon stability and adequacy of funding for educational clinics that have demonstrated superior performance as defined in RCW ((28A.97.040(2))) 28A.205.040(2).

          (2) Initiate and maintain a competitive review process to select new or expanded clinic programs in unserved or underserved areas.  The criteria for review of competitive proposals for new or expanded education clinic services shall include but not be limited to:

          (a) The proposing organization shall have obtained certification from the state board of education as provided in RCW ((28A.97.010)) 28A.205.010;

          (b) The cost-effectiveness of the proposal as judged by the criteria established in RCW 28A.97.100(1) and (2); and

          (c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program.

          (3) In selecting areas for new or expanded educational clinics programs, the superintendent of public instruction shall consider factors including but not limited to:

          (a) The proportion and total number of dropouts unserved by existing clinics programs, if any;

          (b) The availability within the geographic area of programs other than educational clinics which address the basic educational needs of dropouts; and

          (c) Waiting lists or other evidence of demand for expanded educational clinic programs.

          (4) In the event of any curtailment of services resulting from lowered legislative appropriations, the superintendent of public instruction shall issue pro rata reductions to all clinics funded at the time of the lowered appropriation.  Individual clinics may be exempted from such pro rata reductions if the superintendent finds that such reductions would impair the clinic's ability to operate at minimally acceptable levels of service.  In the event of such exceptions, the superintendent shall determine an appropriate rate for reduction to permit the clinic to continue operation.

          (5) In the event that an additional clinic or clinics become certified and apply to the superintendent for funds to be allocated from a legislative appropriation which does not increase from the immediately preceding biennium, or does not increase sufficiently to allow such additional clinic or clinics to operate at minimally acceptable levels of service without reducing the funds available to previously funded clinics, the superintendent shall not provide funding for such additional clinic or clinics from such appropriation.

 

        Sec. 90.  Section 220, chapter 518, Laws of 1987 and RCW 28A.97.125 are each amended to read as follows:

          The legislature recognizes that educational clinics provide a necessary and effective service for students who have dropped out of common school programs.  Educational clinics have demonstrated success in preparing such youth for productive roles in society and are an integral part of the state's program to address the needs of students who have dropped out of school.  The superintendent of public instruction shall distribute funds, consistent with legislative appropriations, allocated specifically for educational clinics in accord with chapter ((28A.97)) 28A.205 RCW.  The legislature encourages school districts to explore cooperation with educational clinics.

 

        Sec. 91.  Section 4, chapter 434, Laws of 1985 and RCW 28A.97.130 are each amended to read as follows:

          The superintendent shall include the educational clinics program in the biennial budget request.  Contracts between the superintendent of public instruction and the educational clinics shall include quarterly plans which provide for relatively stable student enrollment but take into consideration anticipated seasonal variations in enrollment in the individual clinics.  Funds which are not expended by a clinic during the quarter for which they were planned may be carried forward to subsequent quarters of the fiscal year.  The superintendent shall make payments to the clinics on a monthly basis pursuant to RCW ((28A.97.040)) 28A.205.040.

          13. Health‑-Screening and Requirements

 

 

 

        Sec. 92.  Section 28A.31.040, chapter 223, Laws of 1969 ex. sess. as amended by section 3, chapter 32, Laws of 1971 and RCW 28A.31.040 are each amended to read as follows:

          The person or persons completing the screening prescribed in RCW ((28A.31.030)) 28A.210.020 shall promptly prepare a record of the screening of each child found to have, or suspected of having, reduced visual and/or auditory acuity in need of attention, including the special education services provided by ((chapter 28A.13)) RCW 28A.155.010 through 28A.155.100, and send copies of such records and recommendations to the parents or guardians of such children and shall deliver the original records to the appropriate school official who shall preserve such records and forward to the superintendent of public instruction and the secretary of social and health services visual and auditory data as requested by such officials.

 

        Sec. 93.  Section 1, chapter 46, Laws of 1973 and RCW 28A.31.050 are each amended to read as follows:

          The superintendent of public instruction shall print and distribute to appropriate school officials the rules and regulations adopted by the state board of health pursuant to RCW ((28A.31.030)) 28A.210.020 and the recommended records and forms to be used in making and reporting such screenings.

 

        Sec. 94.  Section 1, chapter 118, Laws of 1979 ex. sess. as amended by section 3, chapter 40, Laws of 1984 and RCW 28A.31.100 are each amended to read as follows:

          In enacting RCW ((28A.31.100 through 28A.31.120)) 28A.210.060 through 28A.210.170, it is the judgment of the legislature that it is necessary to protect the health of the public and individuals by providing a means for the eventual achievement of full immunization of school-age children against certain vaccine-preventable diseases.

 

        Sec. 95.  Section 2, chapter 118, Laws of 1979 ex. sess. as last amended by section 2, chapter 49, Laws of 1985 and RCW 28A.31.102 are each amended to read as follows:

          As used in RCW ((28A.31.100 through 28A.31.120)) 28A.210.060 through 28A.210.170:

          (1) "Chief administrator" shall mean the person with the authority and responsibility for the immediate supervision of the operation of a school or day care center as defined in this section or, in the alternative, such other person as may hereafter be designated in writing for the purposes of RCW ((28A.31.100 through 28A.31.120)) 28A.210.060 through 28A.210.170 by the statutory or corporate board of directors of the school district, school, or day care center or, if none, such other persons or person with the authority and responsibility for the general supervision of the operation of the school district, school or day care center.

          (2) "Full immunization" shall mean immunization against certain vaccine-preventable diseases in accordance with schedules and with immunizing agents approved by the state board of health.

          (3) "Local health department" shall mean the city, town, county, district or combined city-county health department, board of health, or health officer which provides public health services.

          (4) "School" shall mean and include each building, facility, and location at or within which any or all portions of a preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two or more children by or in behalf of any public school district and by or in behalf of any private school or private institution subject to approval by the state board of education pursuant to RCW ((28A.04.120(4) and 28A.02.201 through 28A.02.260, each as now or hereafter amended)) 28A.305.130(6), 28A.195.010 through 28A.195.050, and 28A.410.120.

          (5) "Day care center" shall mean an agency which regularly provides care for a group of thirteen or more children for periods of less than twenty-four hours and is licensed pursuant to chapter 74.15 RCW.

          (6) "Child" shall mean any person, regardless of age, in attendance at a public or private school or a licensed day care center.

 

        Sec. 96.  Section 3, chapter 118, Laws of 1979 ex. sess. as amended by section 1, chapter 49, Laws of 1985 and RCW 28A.31.104 are each amended to read as follows:

          The attendance of every child at every public and private school in the state and licensed day care center shall be conditioned upon the presentation before or on each child's first day of attendance at a particular school or center, of proof of either (1) full immunization, (2) the initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (3) a certificate of exemption as provided for in RCW ((28A.31.106)) 28A.210.090.  The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of immunization shall be conditioned upon the presentation of proof of compliance with the schedule on the child's first day of attendance during the subsequent school year.  Once proof of full immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a condition to attendance at the particular school or center.

 

        Sec. 97.  Section 4, chapter 118, Laws of 1979 ex. sess. as amended by section 5, chapter 40, Laws of 1984 and RCW 28A.31.106 are each amended to read as follows:

          Any child shall be exempt in whole or in part from the immunization measures required by RCW ((28A.31.100 through 28A.31.120)) 28A.210.060 through 28A.210.170 upon the presentation of any one or more of the following, on a form prescribed by the department of social and health services:

          (1) A written certification signed by any physician licensed to practice medicine pursuant to chapter 18.71 or 18.57 RCW that a particular vaccine required by rule of the state board of health is, in his or her judgment, not advisable for the child:  PROVIDED, That when it is determined that this particular vaccine is no longer contraindicated, the child will be required to have the vaccine;

          (2) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the religious beliefs of the signator are contrary to the required immunization measures; and

          (3) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the signator has either a philosophical or personal objection to the immunization of the child.

 

        Sec. 98.  Section 6, chapter 118, Laws of 1979 ex. sess. as amended by section 7, chapter 40, Laws of 1984 and RCW 28A.31.110 are each amended to read as follows:

          The immunizations required by RCW ((28A.31.100 through 28A.31.120)) 28A.210.060 through 28A.210.170 may be obtained from any private or public source desired:  PROVIDED, That the immunization is administered and records are made in accordance with the regulations of the state board of health.  Any person or organization administering immunizations shall furnish each person immunized, or his or her parent or legal guardian, or any adult in loco parentis to the child, with a written record of immunization given in a form prescribed by the state board of health.

 

        Sec. 99.  Section 7, chapter 118, Laws of 1979 ex. sess. and RCW 28A.31.112 are each amended to read as follows:

          A child's proof  of  immunization or certification of exemption shall be presented to the chief administrator of the public or private school or day care  center or to his or her designee for that purpose.  The chief administrator shall:

          (1) Retain such records pertaining to each child at the school or day care center for at least the period the child is enrolled in the school or attends such center;

          (2) Retain a record at the school or day care center of the name, address, and date of exclusion of each child excluded from school or the center pursuant to RCW ((28A.31.114)) 28A.210.120 for not less than three years following the date of a child's exclusion;

          (3) File a written annual report with the department of social and health services on the immunization status of students or children attending the day care center at a time and on forms prescribed by the department of social and health services; and

          (4) Allow agents of state and local health departments access to the records retained in accordance with this section during business hours for the purposes of inspection and copying.

 

        Sec. 100.  Section 8, chapter 118, Laws of 1979 ex. sess. as last amended by section 3, chapter 49, Laws of 1985 and RCW 28A.31.114 are each amended to read as follows:

          It shall be the duty of the chief administrator of every public and private school and day care center to prohibit the further presence at the school or day care center for any and all purposes of each child for whom proof of immunization, certification of exemption, or proof of compliance with an approved schedule of immunization has not been provided in accordance with  RCW ((28A.31.104)) 28A.210.080 and to continue to prohibit the child's presence until such proof of immunization, certification of exemption, or approved schedule has been provided.  The exclusion of a child from a school shall be accomplished in accordance with rules of the state board of education.  The exclusion of a child from a day care center shall be accomplished in accordance with rules of the department of social and health services.  Prior to the exclusion of a child, each school or day care center shall provide written notice to the parent(s) or legal guardian(s) of each child or to the adult(s) in loco parentis to each child, who is not in compliance with the requirements of  RCW ((28A.31.104)) 28A.210.080.  The notice shall fully inform such person(s) of the following:  (1) The requirements established by and pursuant to RCW ((28A.31.100 through 28A.31.120)) 28A.210.060 through 28A.210.170; (2) the fact that the child will be prohibited from further attendance at the school unless  RCW ((28A.31.104)) 28A.210.080 is complied with; (3) such procedural due process rights as are hereafter established pursuant to RCW ((28A.31.118)) 28A.210.160 and/or ((28A.31.120)) 28A.210.170, as appropriate; and (4) the immunization services that are available from or through the local  health department and other public agencies.

 

        Sec. 101.  Section 4, chapter 49, Laws of 1985 and RCW 28A.31.115 are each amended to read as follows:

          The superintendent of public instruction shall provide for information about the immunization program and requirements under RCW ((28A.31.100 through 28A.31.120)) 28A.210.060 through 28A.210.170 to be widely available throughout the state in order to promote full use of the program.

 

        Sec. 102.  Section 9, chapter 118, Laws of 1979 ex. sess. as amended by section 9, chapter 40, Laws of 1984 and RCW 28A.31.116 are each amended to read as follows:

          The state board of health shall adopt and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive requirements for full immunization and the form and substance of the proof thereof, to be required pursuant to RCW ((28A.31.100 through 28A.31.120)) 28A.210.060 through 28A.210.170.

 

        Sec. 103.  Section 10, chapter 118, Laws of 1979 ex. sess. and RCW 28A.31.118 are each amended to read as follows:

          The state board of education shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive due process requirements governing the exclusion of children from public and private schools pursuant to RCW ((28A.31.114)) 28A.210.120.

 

        Sec. 104.  Section 11, chapter 118, Laws of 1979 ex. sess. and RCW 28A.31.120 are each amended to read as follows:

          The department of social and health services shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive due process requirements governing the exclusion of children from day care centers pursuant to RCW ((28A.31.114)) 28A.210.120.

 

        Sec. 105.  Section 1, chapter 47, Laws of 1979 as amended by section 1, chapter 216, Laws of 1985 and RCW 28A.31.130 are each amended to read as follows:

          The legislature recognizes that the condition known as scoliosis, a lateral curvature of the spine commonly appearing in adolescents, can develop into a permanent, crippling disability if left untreated.  Early diagnosis and referral can often result in the successful treatment of this condition and greatly reduce the need for major surgery.  Therefore, the purpose of RCW ((28A.31.130 through 28A.31.142)) 28A.210.180 through 28A.210.250 is to recognize that a school screening program is an invaluable tool for detecting the number of adolescents with scoliosis.  It is the intent of the legislature to insure that the superintendent of public instruction provide and require screening for the condition known as scoliosis of all children in the highest risk age group, grades 5 through 10, to ascertain which, if any, of these children have defects requiring corrective treatment.

 

        Sec. 106.  Section 2, chapter 47, Laws of 1979 as amended by section 2, chapter 216, Laws of 1985 and RCW 28A.31.132 are each amended to read as follows:

          As used in RCW ((28A.31.130 through 28A.31.142)) 28A.210.180 through 28A.210.250, the following terms have the meanings indicated.

          (1) "Superintendent" means the superintendent of public instruction of public schools in the state, or ((his)) the superintendent's designee.

          (2) "Pupil" means a student enrolled in the public school system in the state.

          (3) "Scoliosis" includes idiopathic scoliosis and kyphosis.

          (4) "Screening" means an examination to be performed on all pupils in grades 5 through 10 for the purpose of detecting the condition known as scoliosis, except as provided in RCW ((28A.31.139)) 28A.210.230.

          (5) "Public schools" means the common schools referred to in Article IX of the state Constitution and those schools and institutions of learning having a curriculum below the college or university level as now or may be established by law and maintained at public expense.

 

        Sec. 107.  Section 3, chapter 47, Laws of 1979 as amended by section 3, chapter 216, Laws of 1985 and RCW 28A.31.134 are each amended to read as follows:

          The superintendent shall provide for and require the yearly examination of all children attending public schools in grades 5 through 10, except as provided in RCW ((28A.31.139)) 28A.210.230, in accordance  with procedures and standards adopted by rule of the state board of health in cooperation with the superintendent of public instruction.  The examination shall be made by a school physician, school nurse, qualified licensed health practitioner, or physical education instructor or by other school personnel.  Proper training of the personnel in the screening process for scoliosis shall be provided by the superintendent.

 

        Sec. 108.  Section 4, chapter 47, Laws of 1979 as amended by section 4, chapter 216, Laws of 1985 and RCW 28A.31.136 are each amended to read as follows:

          Every person performing the screening under RCW ((28A.31.134)) 28A.210.200 shall promptly prepare a record of the screening of each child found to have or suspected of having scoliosis and shall send copies of the records to the parents or guardians of the children.  The notification shall include an explanation of scoliosis, the significance of treating it at an early stage, and the services generally available from a qualified licensed health practitioner for the treatment after diagnosis.

 

        Sec. 109.  Section 5, chapter 47, Laws of 1979 and RCW 28A.31.138 are each amended to read as follows:

          The superintendent shall print and distribute to appropriate school officials the rules adopted by the state board of health in cooperation with the superintendent of public instruction under RCW ((28A.31.134)) 28A.210.200 and the recommended records and forms to be used in making and reporting the screenings.

 

        Sec. 110.  Section 6, chapter 216, Laws of 1985 and RCW 28A.31.139 are each amended to read as follows:

          After July 1, 1987, the superintendent of public instruction may waive screening for scoliosis for grades 9 and/or 10, not withstanding RCW ((28A.31.132(4) and 28A.31.134)) 28A.210.190(4) and 28A.210.200, after conducting a cost/benefit analysis of such screening for school years 1985-86 and 1986-87.

 

        Sec. 111.  Section 7, chapter 47, Laws of 1979 and RCW 28A.31.142 are each amended to read as follows:

          The superintendent may establish appropriate sanctions to be applied to any school officials of the state failing to comply with RCW ((28A.31.134 through 28A.31.140)) 28A.210.200 through 28A.210.240 which sanctions may include withholding of any portion of state aid to the district until such time as compliance is assured.

 

        Sec. 112.  Section 2, chapter 195, Laws of 1982 and RCW 28A.31.155 are each amended to read as follows:

          (1) In the event a school employee administers oral medication to a student pursuant to RCW ((28A.31.150)) 28A.210.260 in substantial compliance with the prescription of the student's physician or dentist or the written instructions provided pursuant to RCW ((28A.31.150(4))) 28A.210.260(4), and the other conditions set forth in RCW ((28A.31.150)) 28A.210.260 have been substantially complied with, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual or marital or governmental or corporate or other capacities as a result of the administration of the medication.

          (2) The administration of oral medication to any student pursuant to RCW ((28A.31.150)) 28A.210.260 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their governmental or corporate or individual or marital or other capacities as a result of the discontinuance of such administration:  PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student.

 

        Sec. 113.  Section 3, chapter 48, Laws of 1988 and RCW 28A.31.165 are each amended to read as follows:

          (1) In the event a school employee provides for the catheterization of a student pursuant to RCW 18.88.295 and ((28A.31.160)) 28A.210.280 in substantial compliance with (a) rules adopted by the state board of nursing and the instructions of a registered nurse issued under such rules, and (b) written policies of the school district or private school, then the employee, the employee's school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization.

          (2) Providing for the catheterization of any student pursuant to RCW 18.88.295 and ((28A.31.160)) 28A.210.280 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of the discontinuance:  PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student:  PROVIDED FURTHER, That the public school district otherwise provides for the catheterization of the student to the extent required by federal or state law.

          14. Early Childhood Education, Preschools, and Before-and-After School Care

          A. Nursery Schools, Preschools, and Before-and-After School Care

 

 

 

        Sec. 114.  Section 28A.34.020, chapter 223, Laws of 1969 ex. sess. and RCW 28A.34.020 are each amended to read as follows:

          Expenditures under federal funds and/or state appropriations made to carry out the purposes of ((this chapter)) RCW 28A.215.010 through 28A.215.050 and 28A.215.300 through 28A.215.330 shall be made by warrants issued by the state treasurer upon order of the superintendent of public instruction.  The state board of education shall make necessary rules and regulations to carry out the purpose of RCW ((28A.34.010)) 28A.215.010.

 

        Sec. 115.  Section 28A.34.040, chapter 223, Laws of 1969 ex. sess. and RCW 28A.34.040 are each amended to read as follows:

          In the event the legislature appropriates any moneys to carry out the purposes of ((this chapter)) RCW 28A.215.010 through 28A.215.050 and 28A.215.300 through 28A.215.330, allocations therefrom may be made to school districts for the purpose of underwriting allocations made or requested from federal funds until such federal funds are available.  Any school district may allocate a portion of its funds for the purpose of carrying out the provisions of ((this chapter)) RCW 28A.215.010 through 28A.215.050 and 28A.215.300 through 28A.215.330 pending the receipt of reimbursement from funds made available by acts of congress.

 

        Sec. 116.  Section 1, chapter 487, Laws of 1987 and RCW 28A.34.150 are each amended to read as follows:

          As a supplement to the authority otherwise granted by ((this chapter)) RCW 28A.215.010 through 28A.215.050 and 28A.215.300 through 28A.215.330 respecting the care or instruction, or both, of children in general, the board of directors of any school district may only utilize funds outside the state basic education appropriation and the state school transportation appropriation to:

          (1) Contract with public and private entities to conduct all or any portion of the management and operation of a child care program at a school district site or elsewhere;

          (2) Establish charges based upon costs incurred under this section and provide for the reduction or waiver of charges in individual cases based upon the financial ability of the parents or legal guardians of enrolled children to pay the charges, or upon their provision of other valuable consideration to the school district; and

          (3) Transport children enrolled in a child care program to the program and to related sites using district-owned school buses and other motor vehicles, or by contracting for such transportation and related services:  PROVIDED, That no child three years of age or younger shall be transported under the provisions of this section unless accompanied by a parent or guardian.

          B. Early Childhood Assistance Program

 

 

 

        Sec. 117.  Section 2, chapter 418, Laws of 1985 as amended by section 2, chapter 174, Laws of 1988 and RCW 28A.34A.020 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout ((this chapter)) RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.

          (1) "Advisory committee" means the advisory committee under RCW ((28A.34A.050)) 28A.215.140.

          (2) "At risk" means a child not eligible for kindergarten whose family circumstances would qualify that child for eligibility under the federal head start program.

          (3) "Department" means the department of community development.

          (4) "Eligible child" means an at-risk child as defined in this section who is not a participant in a federal or state program providing like educational services and may include children who are eligible under rules adopted by the department if the number of such children equals not more than ten percent of the total enrollment in the preschool program.

          (5) "Approved preschool programs" means those state-supported education and special assistance programs  which are recognized by the department of community development as meeting the minimum program rules adopted by the department to qualify under ((this chapter)) RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 and are designated as eligible for funding by the department under RCW ((28A.34A.070 and 28A.34A.090)) 28A.215.160 and 28A.215.180.

 

        Sec. 118.  Section 9, chapter 418, Laws of 1985 as amended by section 102, chapter 518, Laws of 1987 and RCW 28A.34A.090 are each amended to read as follows:

          For the purposes of ((this chapter)) RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, the department may award state support under RCW ((28A.34A.010 through 28A.34A.070)) 28A.215.100 through 28A.215.160 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 per child 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.

 

        Sec. 119.  Section 11, chapter 418, Laws of 1985 as amended by section 9, chapter 174, Laws of 1988 and RCW 28A.34A.110 are each amended to read as follows:

          The department may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the preschool state education and assistance program established by ((this chapter)) RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908.  The department shall actively solicit support from business and industry and from the federal government for the preschool state education and assistance program and shall assist local programs in developing partnerships with the community for children-at-risk.

          C. Voluntary Accreditation of Preschools

 

 

 

        Sec. 120.  Section 2, chapter 150, Laws of 1986 and RCW 28A.34.110 are each amended to read as follows:

          Unless the context clearly indicates otherwise, the definition used in this section shall apply throughout ((this chapter)) RCW 28A.215.010 through 28A.215.050 and 28A.215.300 through 28A.215.330.

          "Preschool" means educational programs that emphasize readiness skills and that enroll children of preschool age on a regular basis for four hours per day or less.

 

        Sec. 121.  Section 4, chapter 150, Laws of 1986 and RCW 28A.34.130 are each amended to read as follows:

          No public or nonpublic entity may advertise that it has an accredited preschool unless its educational program has been accredited under ((this chapter)) RCW 28A.215.010 through 28A.215.050 and 28A.215.300 through 28A.215.330.  Any person with a pecuniary interest in the operation of a preschool who intentionally and falsely advertises that such preschool is accredited by the state board of education shall be guilty of a misdemeanor, the fine for which shall be no more than one hundred dollars.  Each day that the violation continues shall be considered a separate violation.

          15. Traffic Safety

 

 

 

        Sec. 122.  Section 2, chapter 39, Laws of 1963 as last amended by section 195, chapter 158, Laws of 1979 and RCW 28A.08.010 are each amended to read as follows:

          The following words and phrases whenever used in chapter ((46.81)) 28A.220 RCW shall have the following meaning:

          (1) "Superintendent" or "state superintendent" shall mean the superintendent of public instruction.

          (2) "Traffic safety education course" shall mean an accredited course of instruction in traffic safety education which shall consist of two phases, classroom instruction, and laboratory experience.  "Laboratory experience" shall include on-street, driving range, or simulator experience or some combination thereof.  Each phase shall meet basic course requirements which shall be established by the superintendent of public instruction and each part of said course shall be taught by a qualified teacher of traffic safety education.  Any portions of the course may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school districts.

          (3) "Qualified teacher of traffic safety education" shall mean an instructor certificated under the provisions of chapter ((28A.70)) 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under regulations promulgated by the superintendent:  PROVIDED, That the laboratory experience phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter ((28A.70)) 28A.410 RCW.  Professional instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing.

          (4) "Realistic level of effort" means the classroom and laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be satisfactorily accomplished by the student in order to successfully complete the traffic safety education course.

          16. Compulsory School Attendance and Admission

 

 

 

        Sec. 123.  Section 2, chapter 10, Laws of 1972 ex. sess. as last amended by section 1, chapter 132, Laws of 1986 and RCW 28A.27.010 are each amended to read as follows:

          (1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session  unless:

          (a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW ((28A.02.201(4))) 28A.195.010(4);

          (b) The child is receiving home-based instruction as provided in subsection (4) of this section; or

          (c) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent:  PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student's educational progress:  PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW ((28A.41.130 and 28A.41.140, as now or hereafter amended,)) 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW ((28A.58.754, as now or hereafter amended)) 28A.150.220;

          (d) The child is fifteen years of age or older and:

          (i) The school district superintendent determines that such child has already attained a reasonable proficiency in the branches required by law to be taught in the first nine grades of the public schools of this state;

          (ii) The child is regularly and lawfully engaged in a useful or remunerative occupation;

          (iii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or

          (iv) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW ((28A.04.135)) 28A.305.190.

          (2)  A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child.

          (3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW ((28A.04.120  as now or hereafter amended)) 28A.305.130.

          (4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW ((28A.02.201 and 28A.02.240)) 28A.195.010 and 28A.195.040 and if such activities are:

          (a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person.  A certificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter ((28A.70)) 28A.410 RCW.  For purposes of this section, "supervised by a certificated person" means:  The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child's progress by the certificated person.  The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or

          (b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or

          (c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.

          (5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting.  Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed.

 

        Sec. 124.  Section 2, chapter 201, Laws of 1979 ex. sess. as amended by section 3, chapter 132, Laws of 1986 and RCW 28A.27.022 are each amended to read as follows:

          If action taken by a school pursuant to RCW ((28A.27.020)) 28A.225.020 is not successful in substantially reducing a student's absences from school, any of the following actions may be taken:  (1) The attendance officer of the school district through its attorney may petition the juvenile court to assume jurisdiction under ((this chapter)) RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150 for the purpose of alleging a violation of RCW ((28A.27.010)) 28A.225.010 by the parent; or (2) a petition alleging a violation of RCW ((28A.27.010)) 28A.225.010 by a child may be filed with the juvenile court by the parent of such child or by the attendance officer of the school district through its attorney at the request of the parent.  If the court assumes jurisdiction in such an instance, the provisions of ((this chapter)) RCW 28A.200.010, 28A.200.020, and 28A.225.010 through 28A.225.150, except where otherwise stated, shall apply.

 

        Sec. 125.  Section 28A.27.030, chapter 223, Laws of 1969 ex. sess. and RCW 28A.27.030 are each amended to read as follows:

          It shall be the duty of the school district superintendent, at the beginning of each school year, to provide each teacher with a copy of that portion of the last census of school children taken in his or her school district which would be pertinent to the grade or grades such teacher is instructing and it shall be the duty of every teacher to report to the proper attendance officer, all cases of truancy or incorrigibility in his or her school, immediately after the offense or offenses shall have been committed:  PROVIDED, That if there ((be)) is a principal the report by the teacher shall be made to ((him)) the principal and by ((him)) the principal transmitted to the attendance officer:  PROVIDED FURTHER, That if there ((be)) is a city superintendent, the principal shall transmit such report to said city superintendent, who shall transmit such report to the proper attendance officer of his or her district.

 

        Sec. 126.  Section 28A.27.040, chapter 223, Laws of 1969 ex. sess. as last amended by section 4, chapter 132, Laws of 1986 and RCW 28A.27.040 are each amended to read as follows:

          To aid in the enforcement of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140, attendance officers shall be appointed and employed as follows:  In incorporated city districts the board of directors shall annually appoint one or more attendance officers.  In all other districts the educational service district superintendent shall appoint one or more attendance officers or may act as such himself or herself.

          The compensation of attendance officer in city districts shall be fixed and paid by the board appointing him or her.  The compensation of attendance officers when appointed by the educational service district superintendents shall be paid by the respective districts.  An educational service district superintendent shall receive no extra compensation if acting as attendance officer.

          Any sheriff, constable, city marshal or regularly appointed ((policeman)) police officer may be appointed attendance officer.

          The attendance officer shall be vested with police powers, the authority to make arrests and serve all legal processes contemplated by RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140, and shall have authority to enter all places in which children may be employed, for the purpose of making such investigations as may be necessary for the enforcement of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140.  The attendance officer is authorized to take into custody the person of any child eight years of age and not over fourteen years of age, who may be a truant from school, and to conduct such child to his or her parents, for investigation and explanation, or to the school which he or she should properly attend.  The attendance officer shall institute proceedings against any officer, parent, guardian, person, company or corporation violating any provisions of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140, and shall otherwise discharge the duties prescribed in RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140, and shall perform such other services as the educational service district superintendent or the superintendent of any school or its board of directors may deem necessary.  However, the attendance officer shall not institute proceedings against the child under RCW ((28A.27.022)) 28A.225.030 except as set forth under RCW ((28A.27.022)) 28A.225.030.

          The attendance officer shall keep a record of his or her transactions for the inspection and information of any school district board of directors, the educational service district superintendent or the city superintendent, and shall make a detailed report to the city superintendent or the  educational service district superintendent as often as the same may be required.

 

        Sec. 127.  Section 28A.27.070, chapter 223, Laws of 1969 ex. sess. as last amended by section 5, chapter 201, Laws of 1979 ex. sess. and RCW 28A.27.070 are each amended to read as follows:

          Any attendance officer, sheriff, deputy sheriff, marshal, ((policeman)) police officer, or any other officer authorized to make arrests, shall take into custody without a warrant a child who is required under the provisions of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140 to attend school, such child then being a truant from instruction at the school which he or she is lawfully required to attend, and shall forthwith deliver a child so detained either (1) to the custody of a person in parental relation to the child or (2) to the school from which the child is then a truant.

 

        Sec. 128.  Section 28A.27.080, chapter 223, Laws of 1969 ex. sess. as last amended by section 57, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.27.080 are each amended to read as follows:

          The educational service district superintendent, on or before the fifteenth day of August of each year, by printed circular or otherwise, shall call the attention of all school district officials to the provisions of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140, and to the penalties prescribed for the violation of its provisions, and he or she shall require those officials of the school district which he or she shall designate to make a report annually hereafter, verified by affidavit, stating whether or not the provisions of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140 have been faithfully complied with in his or her district.  Such reports shall be made upon forms to be furnished by the superintendent of public instruction and shall be transmitted to the educational service district superintendent at such time as the educational service district superintendent shall determine, after notice thereof.  Any school district official who shall knowingly or ((wilfully)) willfully make a false report relating to the enforcement of the provisions of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140 or fail to report as herein provided shall be deemed guilty of a misdemeanor, and upon conviction in a court of competent jurisdiction shall be fined not less than twenty-five dollars nor more than one hundred dollars; and any school district official who shall refuse or neglect to make the report required in this section, shall be personally liable to his or her district for any loss which it may sustain because of such neglect or refusal to report.

 

        Sec. 129.  Section 28A.27.090, chapter 223, Laws of 1969 ex. sess. and RCW 28A.27.090 are each amended to read as follows:

          Except as otherwise provided in this code, no child under the age of fifteen years shall be employed for any purpose by any person, company or corporation, in this state during the hours which the public schools of the district in which such child resides are in session, unless the said child shall present a certificate from a school superintendent as provided for in RCW ((28A.27.010)) 28A.225.010, excusing the said child from attendance in the public schools and setting forth the reason for such excuse, the residence and age of the child, and the time for which such excuse is given.  Every owner, superintendent, or overseer of any establishment, company or corporation shall keep such certificate on file so long as such child is employed by him or her.  The form of said certificate shall be furnished by the superintendent of public instruction.  Proof that any child under fifteen years of age is employed during any part of the period in which public schools of the district are in session, shall be deemed prima facie evidence of a violation of this section.

 

        Sec. 130.  Section 28A.27.100, chapter 223, Laws of 1969 ex. sess. as last amended by section 189, chapter 202, Laws of 1987 and RCW 28A.27.100 are each amended to read as follows:

          Any person violating any of the provisions of either RCW ((28A.27.010 or 28A.27.090)) 28A.225.010 or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school.  However, a child found to be in violation of RCW ((28A.27.010)) 28A.225.010 shall be required to attend school and shall not be fined.  Failure by a child to comply with an order issued under this section shall not be punishable by detention for a period greater than that permitted pursuant to a contempt proceeding against a child under chapter 13.32A RCW.  It shall be a defense for a parent charged with violating RCW ((28A.27.010)) 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the juvenile's school did not perform its duties as required in RCW ((28A.27.020)) 28A.225.020.  Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW ((28A.27.010)) 28A.225.010 shall participate with the school and the juvenile in a supervised plan for the juvenile's attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child's absence.

          Attendance officers shall make complaint for violation of the provisions of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140 to a judge of the superior or district court.

 

        Sec. 131.  Section 14, chapter 15, Laws of 1970 ex. sess. as last amended by section 190, chapter 202, Laws of 1987 and RCW 28A.27.102 are each amended to read as follows:

          Any school district superintendent, teacher or attendance officer who shall fail or refuse to perform the duties prescribed by RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140 shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not less than twenty nor more than one hundred dollars:  PROVIDED, That in case of a school district employee, such fine shall be paid to the appropriate county treasurer and by the county treasurer placed to the credit of the school district in which said employee is employed, and in case of all other officers such fine shall be paid to the county treasurer of the county in which the educational service district headquarters is located and by the county treasurer placed to the credit of the general school fund of the educational service district:  PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.

 

        Sec. 132.  Section 28A.27.104, chapter 223, Laws of 1969 ex. sess. as last amended by section 191, chapter 202, Laws of 1987 and RCW 28A.27.104 are each amended to read as follows:

          Notwithstanding the provisions of RCW 10.82.070, all fines except as otherwise provided in RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140 shall inure and be applied to the support of the public schools in the school district where such offense was committed:  PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.

 

        Sec. 133.  Section 28A.27.110, chapter 223, Laws of 1969 ex. sess. as last amended by section 6, chapter 132, Laws of 1986 and RCW 28A.27.110 are each amended to read as follows:

          The county prosecuting attorney or the attorney for the school district shall act as attorney for the complainant in all court proceedings relating to the compulsory attendance of children as required by RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140 except for those petitions filed against a child by the parent without the assistance of the school district.

 

        Sec. 134.  Section 28A.27.120, chapter 223, Laws of 1969 ex. sess. as amended by section 192, chapter 202, Laws of 1987 and RCW 28A.27.120 are each amended to read as follows:

          In cases arising under RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140, all district courts, municipal courts or departments, and superior courts in the state of Washington shall have concurrent jurisdiction.

 

        Sec. 135.  Section 28A.27.130, chapter 223, Laws of 1969 ex. sess. and RCW 28A.27.130 are each amended to read as follows:

          No officer performing any duty under any of the provisions of RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140, or under the provisions of any rules that may be passed in pursuance hereof, shall in any wise become liable for any costs that may accrue in the performance of any duty prescribed by RCW ((28A.27.010 through 28A.27.130)) 28A.225.010 through 28A.225.140.

 

        Sec. 136.  Section 7, chapter 132, Laws of 1986 and RCW 28A.27.140 are each amended to read as follows:

          The school district attendance officer shall report biannually to the educational service district superintendent, in the instance of petitions filed alleging a violation by a child under RCW ((28A.27.022)) 28A.225.030:

(1)  The number of petitions filed by a school district or by a parent;

          (2)  The frequency of each action taken under RCW ((28A.27.020)) 28A.225.020 prior to the filing of such petition;

          (3)  When deemed appropriate under RCW ((28A.27.020)) 28A.225.020, the frequency of delivery of supplemental services; and

          (4)  Disposition of cases filed with the juvenile court, including the frequency of contempt orders issued to enforce a court's order under RCW ((28A.27.100)) 28A.225.090.

          The educational service district superintendent shall compile such information and report annually to the superintendent of public instruction.  The superintendent of public instruction shall compile such information and report to the committees of the house of representatives and the senate by January 1, 1988.

 

        Sec. 137.  Section 28A.58.215, chapter 223, Laws of 1969 ex. sess. and RCW 28A.58.215 are each amended to read as follows:

          It shall be the duty of the school district superintendent of a school district contiguous to any United States military, naval or lighthouse reservation or national park in which the majority of children residing within such reservation or park attend, to take a census of the children residing within such reservation or park at the time of taking the census of the school children of ((his)) the school district superintendent's district as otherwise provided by law and to report such census in the manner provided by law for reporting the school census of his or her district.

 

        Sec. 138.  Section 28A.58.225, chapter 223, Laws of 1969 ex. sess. as last amended by section 6, chapter 268, Laws of 1988 and RCW 28A.58.225 are each amended to read as follows:

          (1) A local district may be authorized by the  educational service district superintendent to transport and educate its pupils in other districts for one year, either by payment of a compensation agreed upon by such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better educational facilities for the pupils and when a saving may be effected in the cost of education:  PROVIDED, That notwithstanding any other provision of law, the amount to be paid by the state to the resident school district for apportionment purposes and otherwise payable pursuant to ((chapter 28A.41)) RCW 28A.150.100, 28A.150.250 through 28A.150.290, 28A.150.350 through 28A.150.410, 28A.160.150 through 28A.160.200, 28A.160.220, 28A.300.170, and 28A.500.010 shall not be greater than the regular apportionment for each high school student of the receiving district.  Such authorization may be extended for an additional year at the discretion of the  educational service district superintendent.

          (2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under RCW ((28A.100.084)) 28A.340.030 which exceeds two years in duration.

 

        Sec. 139.  Section 28A.58.230, chapter 223, Laws of 1969 ex. sess. as last amended by section 37, chapter 3, Laws of 1983 and RCW 28A.58.230 are each amended to read as follows:

          Every school district shall admit on a tuition free basis all persons of school age who reside within this state, and do not reside within another school district carrying the grades for which they are eligible to enroll:  PROVIDED, That nothing in this section shall be construed as affecting RCW ((28A.58.240 or 28A.58.245)) 28A.225.220 or 28A.225.250.

 

        Sec. 140.  Section 1, chapter 66, Laws of 1975 1st ex. sess. as amended by section 1, chapter 50, Laws of 1977 and RCW 28A.58.242 are each amended to read as follows:

          The decision of a school district within which a student under the age of twenty-one years resides or of a school district within which such a student under the age of twenty-one years was last enrolled and is considered to be a resident for attendance purposes by operation of law, to deny such student's request for release to a nonresident school district by an agreement pursuant to RCW ((28A.58.240)) 28A.225.220 may be appealed to the superintendent of public instruction or his or her designee:  PROVIDED, That the school district of proposed transfer is willing to accept the student.

          The superintendent of public instruction or his or her designee shall hear the appeal and examine the evidence.  The superintendent of public instruction may order the resident district to release such a student who is under the age of twenty-one years in the event he or she or his or her designee finds that a special hardship or detrimental condition of a financial, educational, safety or health nature affecting the student or the student's immediate family or custodian may likely be significantly alleviated as a result of the transfer.  The decision of the superintendent of public instruction may be appealed to superior court pursuant to chapter 34.05 RCW, the administrative procedure act, as now or hereafter amended.

          17. Compulsory Coursework and Activities

 

 

 

        Sec. 141.  Section 2, chapter 278, Laws of 1984 and RCW 28A.05.005 are each amended to read as follows:

          School district boards of directors shall identify and offer courses with content that meet or exceed:  (1) The basic education skills identified in RCW ((28A.58.752)) 28A.150.210; (2) the graduation requirements under RCW ((28A.05.060)) 28A.230.090; and (3) the courses required to meet the minimum college entrance requirements under RCW ((28A.05.070)) 28A.230.130.  Such courses may be applied or theoretical, academic or vocational.

 

        Sec. 142.  Section 6, chapter 489, Laws of 1987 and RCW 28A.58.255 are each amended to read as follows:

          (1) Every school district board of directors shall develop a written policy regarding the district's role and responsibility relating to the prevention of child abuse and neglect.

          (2) Every school district shall, within the resources available to it:  (a) Participate in the primary prevention program established under RCW ((28A.03.514)) 28A.300.160; (b) develop and implement its own child abuse and neglect education and prevention program; or (c) continue with an existing local child abuse and neglect education and prevention program.

 

        Sec. 143.  Section 1, chapter 384, Laws of 1985 andRCW 28A.05.062 are each amended to read as follows:

          The state board of education shall adopt rules pursuant to chapter 34.05 RCW, to implement the course requirements set forth in RCW ((28A.05.060)) 28A.230.090.  Such rules shall include, as the state board deems necessary, granting equivalencies for and temporary exemptions from the course requirements in RCW ((28A.05.060)) 28A.230.090 and special alterations of the course requirements in RCW ((28A.05.060)) 28A.230.090.  In developing such rules the state board shall recognize the relevance of vocational and applied courses and allow such courses to fulfill in whole or in part the courses required for graduation in RCW ((28A.05.060)) 28A.230.090.  Such rules may include provisions for competency testing in lieu of such courses required for graduation in RCW ((28A.05.060)) 28A.230.090.

 

        Sec. 144.  Section 4, chapter 384, Laws of 1985 and RCW 28A.05.064 are each amended to read as follows:

          The state board of education shall establish for students who commence the ninth grade subsequent to July 1, 1987, an additional one credit elective requirement to be chosen from fine, visual, or performing arts, any of the subject areas as set forth in RCW ((28A.05.060)) 28A.230.090, or any combination thereof.

 

        Sec. 145.  Section 12, chapter 15, Laws of 1970 ex. sess. as last amended by section 1, chapter 60, Laws of 1985 and RCW 28A.02.070 are each amended to read as follows:

          During the school week preceding the eleventh day of November of each year, there shall be presented in each common school as defined in RCW ((28A.01.060)) 28A.150.020 educational activities suitable to the observance of Veterans' Day.

          The responsibility for the preparation and presentation of the activities approximating at least sixty minutes total throughout the week shall be with the principal or head teacher of each school building and such program shall embrace topics tending to instill a loyalty and devotion to the institutions and laws of this state and nation.

          The superintendent of public instruction and each educational service district superintendent, by advice and suggestion, shall aid in the preparation of these activities if such aid be solicited.

          18. Food Services

 

 

 

        Sec. 146.  Section 2, chapter 193, Laws of 1987 and RCW 28A.29.020 are each amended to read as follows:

          All reasonably ascertainable costs of performing the duties assumed and performed under ((this chapter)) RCW 28A.235.010 through 28A.235.030 and 28A.235.140 by either the superintendent of public instruction or another state or local governmental entity in support of the superintendent of public instruction's duties under ((this chapter)) RCW 28A.235.010 through 28A.235.030 and 28A.235.140 shall be paid exclusively with federal funds and, if any, private gifts and grants.  The federal food services revolving fund is hereby established in the custody of the state treasurer.  The office of the superintendent of public instruction shall deposit in the fund federal funds received under RCW ((28A.29.010)) 28A.235.010, recoveries of such funds, and gifts or grants made to the revolving fund.  Disbursements from the fund shall be on authorization of the superintendent of public instruction or the superintendent's designee.  The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.  The superintendent of public instruction is authorized to expend from the federal food services revolving fund such funds as are necessary to implement ((this chapter)) RCW 28A.235.010 through 28A.235.030 and 28A.235.140.

 

        Sec. 147.  Section 28A.30.030, chapter 223, Laws of 1969 ex. sess. and RCW 28A.30.030 are each amended to read as follows:

          In purchasing or otherwise acquiring surplus or donated commodities on the requisition of a school district the superintendent may advance the purchase price and other cost of acquisition thereof from the surplus and donated food commodities revolving fund and ((he)) the superintendent shall in due course bill the proper school district for the amount paid by him or her for the commodities plus a reasonable amount to cover the expenses incurred by ((his)) the superintendent's office in connection with the transaction.  All payments received for surplus or donated commodities from school districts shall be deposited by the superintendent in the surplus and donated food commodities revolving fund.

 

        Sec. 148.  Section 28A.30.060, chapter 223, Laws of 1969 ex. sess. and RCW 28A.30.060 are each amended to read as follows:

          The surplus and donated food commodities revolving fund shall be deposited by the superintendent in such banks as he or she may select, but any such depository shall furnish a surety bond executed by a surety company or companies authorized to do business in the state of Washington, or collateral eligible as security for deposit of state funds, in at least the full amount of the deposit in each depository bank.  Moneys shall be paid from the surplus and donated food commodities revolving fund by voucher and check in such form and in such manner as shall be prescribed by the superintendent.

 

        Sec. 149.  Section 28A.30.070, chapter 223, Laws of 1969 ex. sess. and RCW 28A.30.070 are each amended to read as follows:

          The superintendent of public instruction shall have power to promulgate rules and regulations as may be necessary to effectuate the purposes of ((this chapter)) RCW 28A.235.040 through 28A.235.110.

 

        Sec. 150.  Section 28A.30.080, chapter 223, Laws of 1969 ex. sess. and RCW 28A.30.080 are each amended to read as follows:

          Any provision of law, or any resolution, rule or regulation which is inconsistent with the provisions of ((this chapter)) RCW 28A.235.040 through 28A.235.110 is suspended to the extent such provision is inconsistent herewith.

 

        Sec. 151.  Section 28A.58.136, chapter 223, Laws of 1969 ex. sess. as last amended by section 3, chapter 140, Laws of 1979 ex. sess. and RCW 28A.58.136 are each amended to read as follows:

          The directors of any school district may establish, equip and operate lunchrooms in school buildings for pupils, certificated and noncertificated employees, and for school or employee functions:  PROVIDED, That the expenditures for food supplies shall not exceed the estimated revenues from the sale of lunches, federal lunch aid, Indian education fund lunch aid, or other anticipated revenue, including donations, to be received for that purpose:  PROVIDED FURTHER, That the directors of any school district may provide for the use of kitchens and lunchrooms or other facilities in school buildings to furnish meals to elderly persons at cost as provided in RCW ((28A.58.722)) 28A.623.020:  PROVIDED, FURTHER, That the directors of any school district may provide for the use of kitchens and lunchrooms or other facilities in school buildings to furnish meals at cost as provided in RCW ((28A.58.724)) 28A.623.030 to children who are participating in educational or training or care programs or activities conducted by private, nonprofit organizations and entities and to students who are attending private elementary and secondary schools.  Operation for the purposes of this section shall include the employment and discharge for sufficient cause of personnel necessary for preparation of food or supervision of students during lunch periods and fixing their compensation, payable from the district general fund, or entering into  agreement with a private agency for the establishment, management and/or operation of a food service program or any part thereof.

          19. School-based Management

 

 

 

        Sec. 152.  Section 2, chapter 422, Laws of 1985 and RCW 28A.03.423 are each amended to read as follows:

          To carry out the school-based management pilot projects of RCW ((28A.58.082)) 28A.240.030, the superintendent of public instruction shall:

          (1) Grant funds to local school districts that apply for funding on a grant proposal or other basis, to establish pilot projects in school-based management:  PROVIDED, That in at least one project every building in a district shall use school-based management;

          (2) Develop guidelines, in consultation with school districts, for school-based management programs;

          (3) Assist districts and schools, upon request, to design, implement, or evaluate school improvement programs authorized by RCW ((28A.58.082)) 28A.240.030;

          (4) Submit a report to the legislature not later than two and one-half years after June 27, 1985, on the results of the pilot projects, any other similar programs being used in local districts, and any recommendations;

          (5) These school-based management pilot projects are not part of the program of basic education which the state must fund under Article IX of the state Constitution.

 

        Sec. 153.  Section 3, chapter 422, Laws of 1985 and RCW 28A.58.082 are each amended to read as follows:

          (1) Each pilot project school that participates in the school-based management program authorized by RCW ((28A.03.423)) 28A.240.010 shall be required to establish a school site council.  The council shall be minimally composed of the school principal, teachers, other school personnel, parents of pupils attending the school, nonparent community members from the school's service area, and, in secondary schools, pupils.  Existing school-wide advisory groups or school support groups may be used as the school site council if such groups conform to the general membership requirements of this section.

          (2) The exact size of the council and the term and method of selection and replacement of council members shall be specified in the school improvement plan developed pursuant to subsection (3) of this section.

          (3) Each school site council shall be required to develop an annual school improvement plan containing improvement objectives as established by the council under guidelines developed by the superintendent of public instruction.

          (4) The board of directors of each school district in which a school is participating in the school-based management program authorized by RCW ((28A.03.423)) 28A.240.010 shall review and approve or disapprove planning applications and school improvement plans consistent with, but not limited to, rules and regulations adopted by the superintendent of public instruction.  No school improvement plan may be approved unless it was developed and recommended by a school site council.  The board of directors shall notify the school site council in writing of specific reasons for not approving the school improvement plan.  Modifications to the plan shall be developed and recommended by the council and approved or disapproved by the board of directors.

                                                                             PART II

                                                                       ORGANIZATION

 

          20. Superintendent of Public Instruction

 

 

 

        Sec. 154.  Section 28A.03.010, chapter 223, Laws of 1969 ex. sess. and RCW 28A.03.010 are each amended to read as follows:

          A superintendent of public instruction shall be elected by the qualified electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are elected, and shall hold his or her office for the term of four years, and until his or her successor is elected and qualified.

 

        Sec. 155.  Section 28A.03.030, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 160, Laws of 1982 and RCW 28A.03.030 are each amended to read as follows:

          In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:

          (1) To have supervision over all matters pertaining to the public schools of the state.

          (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools.

          (3) To prepare and have printed such forms, registers, courses of study, rules and regulations for the government of the common schools, questions prepared for the examination of persons as provided for in RCW ((28A.04.120(7))) 28A.305.130(9), and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents.

          (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials.

          (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules and regulations related to the common schools, and such other matter as the state superintendent or the state board of education shall determine.  Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount.

          (6) To act as ex officio member and the chief executive officer of the state board of education.

          (7) To hold, annually, a convention of the educational service district superintendents of the state at such time and place as he or she may deem convenient, for the discussion of questions pertaining to supervision and the administration of the school laws and such other subjects affecting the welfare and interests of the common schools as may be brought before it.  Said convention shall continue in session at the option of the superintendent of public instruction.  It shall be the duty of every educational service district superintendent in this state to attend said convention during its entire session, and any educational service district superintendent who attends the convention shall be reimbursed for traveling and subsistence expenses as provided in RCW ((28A.21.130)) 28A.310.320 in attending said convention.

          (8) To file all papers, reports and public documents transmitted to ((him)) the superintendent by the school officials of the several counties or districts of the state, each year separately.  Copies of all papers filed in ((his)) the superintendent's office, and ((his)) the superintendent's official acts, may, or upon request, shall be certified by ((him)) the superintendent and attested by ((his)) the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to.

          (9) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report of such facts arranged in such manner as ((he)) the superintendent may prescribe, and ((he)) the superintendent shall furnish forms for such reports; and it is hereby made the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct.

          (10) To keep in ((his)) the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state.

          (11) To issue certificates as provided by law.

          (12) To keep in ((his)) the superintendent's office at the capital of the state, all books and papers pertaining to the business of ((his)) the superintendent's office, and to keep and preserve in ((his)) the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education.

          (13) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to ((him)) the superintendent in writing by any educational service district superintendent, or that may be submitted to ((him)) the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and ((he)) the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and ((his)) the superintendent's decision shall be final unless set aside by a court of competent jurisdiction.

          (14) To administer oaths and affirmations in the discharge of ((his)) the superintendent's official duties.

          (15) To deliver to his or her successor, at the expiration of ((his)) the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to ((his)) the superintendent's office or which may have been received by ((him)) the superintendent's for the use of ((his)) the superintendent's office.

          (16) To perform such other duties as may be required by law.

 

        Sec. 156.  Section 227, chapter 525, Laws of 1987 and RCW 28A.03.375 are each amended to read as follows:

          The superintendent of public instruction shall provide technical assistance to the state board of education in the conduct of the activities described in sections 202 through 232 of this act.

 

        Sec. 157.  Section 1, chapter 5, Laws of 1975 1st ex. sess. as amended by section 23, chapter 118, Laws of 1975-'76 2nd ex. sess. and RCW 28A.03.350 are each amended to read as follows:

          The legislature finds that the administration costs of school districts are not sufficiently known to permit sound financial planning by those affected by such costs.  Accordingly, the legislature hereby authorize and directs the superintendent of public instruction and the state auditor jointly, and in cooperation with the senate and house committees on education, to conduct appropriate studies and adopt classifications or revised classifications under RCW ((28A.65.445)) 28A.505.100, defining what expenditures shall be charged to each budget class including administration.  Such studies and classifications shall be published in the form of a manual or revised manual, suitable for use by the governing bodies of school districts, by the superintendent of public instruction, and by the legislature.

 

        Sec. 158.  Section 3, chapter 34, Laws of 1983 1st ex. sess. and RCW 28A.03.419 are each amended to read as follows:

          The superintendent of public instruction, pursuant to chapter 34.05 RCW, shall adopt such rules as are necessary to carry out the provisions of RCW ((28A.03.417)) 28A.300.090.

 

        Sec. 159.  Section 5, chapter 278, Laws of 1984 as last amended by section 208, chapter 2, Laws of 1987 1st ex. sess. and RCW 28A.03.425 are each amended to read as follows:

          The office of the superintendent of public instruction, in consultation with the state board of education, shall prepare model curriculum programs and/or curriculum guidelines in three subject areas each year.  These model curriculum programs or curriculum guidelines shall span all grade levels and shall include statements of expected learning outcomes, content, integration with other subject areas including guidelines for the application of vocational and applied courses to fulfill in whole or in part the courses required for graduation under RCW ((28A.05.060)) 28A.230.090, recommended instructional strategies, and suggested resources.

          Certificated employees with expertise in the subject area under consideration shall be chosen by the superintendent of public instruction from each educational service district, from a list of persons suggested by their peers, to work with the staff of the superintendent of public instruction to prepare each model curriculum program or curriculum guidelines.  Each participant shall be paid his or her regular salary by his or her district, and travel and per diem expenses by the superintendent of public instruction.   The superintendent of public instruction shall make selections of additional experts in the subject area under consideration as are needed to provide technical assistance and to review and comment upon the model curriculum programs and/or curriculum guidelines before publication and shall be paid travel and per diem expenses by the superintendent of public instruction as necessary.  The model curriculum programs and curriculum guidelines shall be made available to all districts.  Participants developing model curriculum programs and/or curriculum guidelines may be used by school districts to provide training or technical assistance or both.  After completion of the original development of model curriculum programs or curriculum guidelines, the office of the superintendent of public instruction shall schedule, at least every five years, a regular review and updating of programs and guidelines in each subject matter area.

 

        Sec. 160.  Section 1, chapter 119, Laws of 1987 and RCW 28A.03.511 are each amended to read as follows:

          There is hereby created the state clearinghouse for educational information revolving fund in the custody of the state treasurer.  The fund shall consist of:  Funds appropriated to the revolving fund, gifts or grants made to the revolving fund, and fee revenues assessed and collected by the superintendent of public instruction pursuant to RCW ((28A.03.510)) 28A.300.130.  The superintendent of public instruction is authorized to expend from the state clearinghouse for educational information revolving fund such funds as are necessary for the payment of costs, expenses, and charges incurred in the reproduction, handling, and delivery by mail or otherwise of materials and information furnished pursuant to RCW ((28A.03.510(3))) 28A.300.130(3).

          The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements.

          21. State Board of Education

 

 

 

        Sec. 161.  Section 28A.04.010, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 255, Laws of 1988 and RCW 28A.04.010 are each amended to read as follows:

          The state board of education shall be comprised of two members 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, the superintendent of public instruction and one member elected at large, as ((hereinafter)) provided in this chapter ((provided)), by the members of the boards of directors of all private schools in the state meeting the requirements of RCW ((28A.02.201, as now or hereafter amended)) 28A.195.010.  The member representing private schools shall not vote on matters affecting public schools.  If there is a dispute about whether or not an issue directly affects public schools, the dispute shall be settled by a majority vote of the other members of the board.

 

        Sec. 162.  Section 28A.04.020, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 255, Laws of 1988 and RCW 28A.04.020 are each amended to read as follows:

          Not later than the twenty-fifth day of August of each year, the superintendent of public instruction shall call for the following elections to be held:  An election in each congressional district within which resides a member of the state board of education whose term of membership will end on the second Monday of January next following, and an election of the member of the state board of education representing private schools if the term of membership will end on the second Monday of January next following.  The superintendent of public instruction shall give written notice thereof to each member of the board of directors of each common school district in such congressional district, and to the ((chairperson)) chair of the board of directors of each private school who shall distribute said notice to each member of the private school board.  Such notice shall include the election calendar and rules and regulations established by the superintendent of public instruction for the conduct of the election.

 

        Sec. 163.  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) 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)) 28A.305.020.  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.

          (2) The terms of office of members of the state board of education who are elected 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,)) 28A.305.090 by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was elected as they existed at the time of his or her election.  At the election immediately preceding 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 from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed or elected.

 

        Sec. 164.  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)) the superintendent's 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 must be a resident of the congressional district from which he  or she was elected.  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 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. 165.  Section 28A.04.050, chapter 223, Laws of 1969 ex. sess. as last amended by section 3, chapter 255, Laws of 1988 and RCW 28A.04.050 are each amended to read as follows:

          Each member of the board of directors of each school district in each congressional district shall be eligible to vote for the candidates who reside in his or her congressional district.  Each ((chairperson)) chair of the board of directors of each eligible private school shall cast a vote for the candidate receiving a majority in an election to be held as follows:  Each member of the board of directors of each eligible private school shall vote for candidates representing the private schools in an election of the board, the purpose of which is to determine the board's candidate for the member representing private schools on the state board.  Not later than the first day of October the superintendent of public instruction shall mail to each member of each common school district board of directors and to each ((chairperson) chair of the board of directors of each private school, the proper ballot and voting instructions for his or her congressional district together with biographical data concerning each candidate listed on such ballot, which data shall have been prepared by the candidate.

 

        Sec. 166.  Section 28A.04.060, chapter 223, Laws of 1969 ex. sess. as last amended by section 3, chapter 38, Laws of 1981 and RCW 28A.04.060 are each amended to read as follows:

          Each member of the state board of education shall be elected by a majority of the electoral points accruing from all the votes cast at the election for all candidates for the position.  All votes shall be cast by mail addressed to the superintendent of public instruction and no votes shall be accepted for counting if postmarked after the sixteenth day of October, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of October following the call of the election.  The superintendent of public instruction and an election board comprised of three persons appointed by the state board of education shall count and tally the votes and the electoral points accruing therefrom not later than the twenty-fifth day of October.  The votes shall be counted and tallied and electoral points determined in the following manner for the ballot cast by common school district board directors:  Each vote cast by a school director shall be accorded as many electoral points as there are enrolled students in that director's school district as determined by the enrollment reports forwarded to the state superintendent of public instruction for apportionment purposes for the month of September of the year of election:  PROVIDED, That school directors from a school district which has more than five directors shall have their electoral points based upon enrollment recomputed by multiplying such number by a fraction, the denominator of which shall be the number of directors in such district, and the numerator of which shall be five; the electoral points shall then be tallied for each candidate as the votes are counted; and it shall be the majority of electoral points which determines the winning candidate.  The votes shall be counted and electoral points determined in the following manner for the ballots cast by ((chairpersons)) chairs of the board of directors of each private school:  Each vote cast by a private school board shall be accorded as many electoral points as the number of enrolled students in the respective school as determined by enrollment reports forwarded to the superintendent of public instruction for the month of September in the year previous to the year of election and it shall be the majority of electoral points which determines the winning candidate.  If no candidate receives a majority of the electoral points cast, then, not later than the first day of November, the superintendent of public instruction shall call a second election to be conducted in the same manner and at which the candidates shall be the two candidates receiving the highest number of electoral points accruing from such votes cast.  No vote cast at such second election shall be received for counting if postmarked after the sixteenth day of November, or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of November and the votes shall be counted as hereinabove provided on the twenty-fifth day of November.  The candidate receiving a majority of electoral points accruing from the votes at any such second election shall be declared elected.  In the event of a tie in such second election, the candidate elected shall be determined by a chance drawing of a nature established by the superintendent of public instruction.  Within ten days following the count of votes in an election at which a member of the state board of education is elected, the superintendent of public instruction shall certify to the secretary of state the name or names of the persons elected to be members of the state board of education.

 

        Sec. 167.  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 at which he or she was elected, and he or she shall hold office for the term for which he or she was elected and until his or her successor is elected and qualified.  Except as otherwise provided in RCW ((28A.04.030)) 28A.305.030, each member of the state board of education shall be elected for a term of six years.

 

        Sec. 168.  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 to fill such vacancy by appointment, and the person so appointed shall continue in office until his or her 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.

 

        Sec. 169.  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 some person to be ex officio secretary of said board who shall not be entitled to a vote in its proceedings.  The secretary 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.

 

        Sec. 170.  Section 1, chapter 39, Laws of 1987, section 1, chapter 464, Laws of 1987 and RCW 28A.04.120 are each reenacted and 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 or disapprove 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) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates.

          (3) 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.

          (4)(a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a noncertificated teacher's aide in a public school or private school meeting the requirements of RCW ((28A.02.201)) 28A.195.010.  The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter.

          (b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate.  The assessment shall contain such information as determined by the state board of education and shall include:  Evidence that at least fifty percent of the candidate's work as a noncertificated teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a noncertificated teacher's aide should be substituted for teacher preparation program requirements.  In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience.

          (5) 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)) 28A.410.010.

          (6) 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)) 28A.195.010, 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.

          (7) 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.

          (8) 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.

          (9) 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.

          (10) 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.

          (11) Carry out board powers and duties relating to the organization and reorganization of school districts under ((chapter 28A.57)) RCW 28A.315.010 through 28A.315.680 and 28A.315.900.

          (12) By rule or regulation promulgated upon the advice of the director of community development, through the director of fire protection, 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.

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

          The state board of education is given the authority to promulgate information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.

 

        Sec. 171.  Section 6, chapter 349, Laws of 1985 and RCW 28A.04.127 are each amended to read as follows:

          The state board of education may grant waivers to school districts from the provisions of RCW ((28A.58.750 through 28A.58.754)) 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student.  The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program.

          The state board shall adopt criteria to evaluate the need for the waiver or waivers.

 

        Sec. 172.  Section 217, chapter 525, Laws of 1987 and RCW 28A.04.176 are each amended to read as follows:

          In developing the standards under RCW ((28A.70.400 through 28A.70.408, 28A.70.040, 28A.70.042, and 28A.04.170 through 28A.04.174)) 28A.410.040, 28A.410.050, and 28A.410.150 through 28A.410.190, the state board of education shall review ways to strengthen program unit functions and processes to enhance cooperative agreements between public or private institutions of higher education and schools or school districts.

 

        Sec. 173.  Section 226, chapter 525, Laws of 1987 as amended by section 4, chapter 11, Laws of 1989 and RCW 28A.04.178 are each amended to read as follows:

          The state board of education and the office of the superintendent of public instruction shall review the provisions of the interstate agreement on qualifications of educational personnel under chapter ((28A.93)) 28A.690 RCW, and advise the governor and the legislature on which interstate reciprocity provisions will require amendment to be consistent with RCW ((28A.04.170, 28A.04.172, 28A.04.174, 28A.70.040, and 28A.70.042)) 28A.410.040 and 28A.410.050 by January 1, 1992.

          22. Educational Service Districts

 

 

 

        Sec. 174.  Section 2, chapter 176, Laws of 1969 ex. sess. as last amended by section 2, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.020 are each amended to read as follows:

          The state board of education upon its own initiative, or upon petition of any educational service district board, or upon petition of at least half of the district superintendents within an educational service district, or upon request of the superintendent of public instruction, may make changes in the number and boundaries of the educational service districts, including an equitable adjustment and transfer of any and all property, assets, and liabilities among the  educational service districts whose boundaries and duties and responsibilities are increased and/or decreased by such changes, consistent with the purposes of RCW ((28A.21.010)) 28A.310.010:  PROVIDED, That no reduction in the number of educational service districts will take effect without a majority approval vote by the affected school directors voting in such election by mail ballot.  Prior to making any such changes, the state board shall hold at least one public hearing on such proposed action and shall consider any recommendations on such proposed action.

          The state board in making any change in boundaries shall give consideration to, but not be limited by, the following factors:  Size, population, topography, and climate of the proposed district.

          The superintendent of public instruction shall furnish personnel, material, supplies, and information necessary to enable educational service district boards and superintendents to consider the proposed changes.

 

        Sec. 175.  Section 3, chapter 176, Laws of 1969 ex. sess. as last amended by section 14, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.030 are each amended to read as follows:

          Except as otherwise provided in this chapter, in each educational service district there shall be an educational service district board consisting of seven members elected by the school directors of the educational service district, one from each of seven educational service district board-member districts.  Board-member districts in districts reorganized under RCW ((28A.21.020)) 28A.310.020, or as provided for in RCW ((28A.21.035, as now or hereafter amended,)) 28A.310.120 and under this section, shall be initially determined by the state board of education.  If a reorganization pursuant to RCW ((28A.21.020)) 28A.310.020 places the residence of a board member into another or newly created educational service district, such member shall serve on the board of the educational service district of residence and at the next election called by the secretary to the state board of education pursuant to RCW ((28A.21.031)) 28A.310.080 a new seven member board shall be elected.  If the redrawing of board-member district boundaries pursuant to this chapter shall cause the resident board-member district of two or more board members to coincide, such board members shall continue to serve on the board and at the next election called by the secretary to the state board of education a new board shall be elected.  The board-member districts shall be arranged so far as practicable on a basis of equal population, with consideration being given existing board members of existing educational service district boards.  Each educational service district board member shall be elected by the school directors of each school district within the educational service district.  Beginning in 1971 and every ten years thereafter, educational service district boards shall review and, if necessary, shall change the boundaries of board-member districts so as to provide so far as practicable equal representation according to population of such board-member districts and to conform to school district boundary changes:  PROVIDED, That all board-member district boundaries, to the extent necessary to conform with this chapter, shall be immediately redrawn for the purposes of the next election called by the secretary to the state board of education following any reorganization pursuant to this chapter.  Such district board, if failing to make the necessary changes prior to June 1 of the appropriate year, shall refer for settlement questions on board-member district boundaries to the state board of education, which, after a public hearing, shall decide such questions.

 

        Sec. 176.  Section 18, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.034 are each amended to read as follows:

          Any common school district board member eligible to vote for a candidate for membership on an educational service district or any candidate for the position, within ten days after the secretary to the state board of education's certification of election, may contest the election of the candidate pursuant to RCW ((28A.04.065, as now or hereafter amended)) 28A.305.070.

 

        Sec. 177.  Section 4, chapter 282, Laws of 1971 ex. sess. as last amended by section 21, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.035 are each amended to read as follows:

          Any educational service district board which elects under RCW ((28A.21.0304, as now or hereafter amended,)) 28A.310.050 to increase the size of the educational service district board from seven to nine members, after at least four years, may elect by resolution of the board to return to a membership of seven educational service board members.  In such case, at the next election a new board consisting of seven educational service board members shall be elected in accordance with the provisions of this chapter.

 

        Sec. 178.  Section 4, chapter 176, Laws of 1969 ex. sess. as last amended by section 11, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.040 are each amended to read as follows:

          Every school district must be included entirely within a single educational service district.  If the boundaries of any school district within an educational service district are changed in any manner so as to extend the school district beyond the boundaries of that educational service district, the state board shall change the boundaries of the educational service districts so affected in a manner consistent with the purposes of RCW ((28A.21.010)) 28A.310.010 and this section.

 

        Sec. 179.  Section 5, chapter 176, Laws of 1969 ex. sess. as last amended by section 22, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.050 are each amended to read as follows:

          Every candidate for membership on a  educational service district board shall be a registered voter and a resident of the board-member district for which such candidate files.  On or before the date for taking office, every member shall make an oath or affirmation to support the Constitution of the United States and the state of Washington and to faithfully discharge the duties of the office according to the best of such member's ability.  The members of the board shall not be required to give bond unless so directed by the state board of education.  At the first meeting of newly elected members and after the qualification for office of the newly elected members, each educational service district board shall reorganize by electing a ((chairman)) chair and a vice ((chairman)) chair.  A majority of all of the members of the board shall constitute a quorum.

 

        Sec. 180.  Section 11, chapter 282, Laws of 1971 ex. sess. as last amended by section 2, chapter 65, Laws of 1988 and RCW 28A.21.086 are each amended to read as follows:

          In addition to other powers and duties as provided by law, every educational service district board shall:

          (1) Comply with rules or regulations of the state board of education and the superintendent of public instruction.

          (2) If the district board deems necessary, establish and operate for the schools within the boundaries of the educational service district a depository and distribution center for films, tapes, charts, maps, and other instructional material as recommended by the school district superintendents within the service area of the educational service district:  PROVIDED, That the district may also provide the services of the depository and distribution center to private schools within the district so long as such private schools pay such fees that reflect actual costs for services and the use of instructional materials as may be established by the educational service district board.

          (3) Establish cooperative service programs for school districts within the  educational service district and joint purchasing programs for schools within the educational service district pursuant to RCW ((28A.58.107(3), as now or hereafter amended)) 28A.320.080(3):  PROVIDED, That on matters relating to cooperative service programs the board and superintendent of the educational service district shall seek the prior advice of the superintendents of local school districts within the educational service district.

          (4) Establish direct student service programs for school districts within the educational service district including pupil transportation.  However, for the provision of state-funded pupil transportation for special education cooperatives programs for special education conducted under ((chapter 28A.13)) RCW 28A.155.010 through 28A.155.100, the educational service district, with the consent of the participating school districts, shall be entitled to receive directly state apportionment funds for that purpose:  PROVIDED, That the board of directors and superintendent of a local school district request the educational service district to perform said service or services:  PROVIDED FURTHER, That the educational service district board of directors and superintendents agree to provide the requested services:  PROVIDED, FURTHER, That the provisions of chapter 39.34 RCW are strictly adhered to:  PROVIDED FURTHER, That the educational service district board of directors may contract with the school for the deaf and the school for the blind to provide transportation services.

 

        Sec. 181.  Section 12, chapter 282, Laws of 1971 ex. sess. as last amended by section 2, chapter 56, Laws of 1983 and RCW 28A.21.088 are each amended to read as follows:

          In addition to other powers and duties as provided by law, every educational service district board shall:

          (1) If the district board deems necessary, hold each year one or more teachers' institutes as provided for in RCW ((28A.71.100, as now or hereafter amended,)) 28A.415.010 and one or more school directors' meetings.

          (2) Cooperate with the state supervisor of special aid for handicapped children as provided in ((chapter 28A.13)) RCW 28A.155.010 through 28A.155.100.

          (3) Certify statistical data as basis for apportionment purposes to county and state officials as provided in chapter ((28A.44)) 28A.545 RCW.

           (4) Perform such other duties as may be prescribed by law or rule or regulation of the state board of education and/or the superintendent of public instruction as provided in RCW ((28A.03.028)) 28A.300.030 and ((28A.04.145)) 28A.305.210.

 

        Sec. 182.  Section 9, chapter 176, Laws of 1969 ex. sess. as last amended by section 3, chapter 65, Laws of 1988 and RCW 28A.21.090 are each amended to read as follows:

          In addition to other powers and duties as provided by law, every educational service district board shall:

          (1) Approve the budgets of the educational service district in accordance with the procedures provided for in this chapter.

           (2) Meet regularly according to the schedule adopted at the organization meeting and in special session upon the call of the ((chairman)) chair or a majority of the board.

           (3) Approve the selection of educational service district personnel and clerical staff as provided in RCW ((28A.21.100, as now or hereafter amended)) 28A.310.230.

           (4) Fix the amount of and approve the bonds for those educational service district employees designated by the board as being in need of bonding.

           (5) Keep in the educational service district office a full and correct transcript of the boundaries of each school district within the educational service district.

           (6) Acquire by purchase, lease, devise, bequest, and gift and otherwise contract for real and personal property necessary for the operation of the educational service district and to the execution of the duties of the board and superintendent thereof and sell, lease, or otherwise dispose of that property not necessary for district purposes:  PROVIDED, That no real property shall be acquired or alienated without the prior approval of the state board of education.

           (7) Adopt such bylaws and rules and regulations for its own operation as it deems necessary or appropriate.

           (8) Enter into contracts, including contracts with common and educational service districts and the school for the deaf and the school for the blind for the joint financing of cooperative service programs conducted pursuant to RCW ((28A.21.086(3))) 28A.310.180(3), and employ consultants and legal counsel relating to any of the duties, functions, and powers of the educational service districts.

 

        Sec. 183.  Section 1, chapter 208, Laws of 1989 and RCW 28A.21.102 are each amended to read as follows:

          (1) Every educational service district board shall adopt written policies granting leaves to persons under contracts of employment with the district in positions requiring either certification or noncertification qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement, and emergencies for both certificated and noncertificated employees, with such compensation as the board prescribes.  The board shall adopt written policies granting annual leave with compensation for illness, injury, and emergencies as follows:

          (a) For persons under contract with the district for a full fiscal year, at least ten days;

          (b) For persons under contract with the district as part-time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;

          (c) For certificated and noncertificated employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per fiscal year.  Provisions of any contract in force on July 23, 1989, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

          (d) Compensation for leave for illness or injury actually taken shall be the same as the compensation the person would have received had the person not taken the leave provided in this section;

          (e) Leave provided in this section not taken shall accumulate from fiscal year to fiscal year up to a maximum of one hundred eighty days for the purposes of RCW ((28A.21.360)) 28A.310.490, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one fiscal year.  Such accumulated time may be taken at any time during the fiscal year, or up to twelve days per year may be used for the purpose of payments for unused sick leave; and

          (f) Accumulated leave under this section shall be transferred to educational service districts, school districts, and the office of the superintendent of public instruction, and from any such district or office to another such district or office.  An intervening customary summer break in employment or the performance of employment duties shall not preclude such a transfer.

          (2) Leave accumulated by a person in a district prior to leaving the district may, under rules of the board, be granted to the person when the person returns to the employment of the district.

          (3) Leave for illness or injury accumulated before July 23, 1989, under the administrative practices of an educational service district, and such leave transferred before July 23, 1989, to or from an educational service district, school district, or the office of the superintendent of public instruction under the administrative practices of the district or office, is declared valid and shall be added to such leave for illness or injury accumulated after July 23, 1989.

 

        Sec. 184.  Section 19, chapter 34, Laws of 1969 ex. sess. as last amended by section 7, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.105 are each amended to read as follows:

          No certificated employee of an educational service district shall be employed as such except by written contract, which shall be in conformity with the laws of this state.  Every such contract shall be made in duplicate, one copy of which shall be retained by the educational service district superintendent and the other shall be delivered to the employee.

          Every educational service district superintendent or board determining that there is probable cause or causes that the employment contract of a certificated employee thereof is not to be renewed for the next ensuing term shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, which notification shall specify the cause or causes for nonrenewal of contract.  Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein.  The procedure and standards for the review of the decision of the hearing officer, superintendent or board and appeal therefrom shall be as prescribed for nonrenewal cases of teachers in RCW ((28A.58.450 through 28A.58.515, 28A.67.070 and 28A.88.010 and in any amendments hereafter made thereto)) 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010.  Appeals may be filed in the superior court of any county in the educational service district.

 

        Sec. 185.  Section 20, chapter 34, Laws of 1969 ex. sess. as last amended by section 8, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.106 are each amended to read as follows:

          Every educational service district superintendent or board determining that there is probable cause or causes for a certificated employee or superintendent, hereinafter referred to as employee, of that educational service district to be discharged or otherwise adversely affected in his or her contract status shall notify such employee in writing of its decision, which notice shall specify the cause or causes for such action.  Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein.  The procedure and standards for review of the decision of the superintendent or board and appeal therefrom shall be as prescribed in discharge cases of teachers in RCW ((28A.58.450 through 28A.58.515, 28A.67.070 and 28A.88.010 and in any amendments hereafter made thereto)) 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010.  The board and the educational service district superintendent, respectively, shall have the duties of the boards of directors and superintendents of school districts in RCW ((28A.58.450 through 28A.58.515, 28A.67.070 and 28A.88.010 and in any amendments hereafter made thereto)) 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010.  Appeals may be filed in the superior court of any county in the educational service district.

 

        Sec. 186.  Section 15, chapter 75, Laws of 1974 ex. sess. as amended by section 26, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.112 are each amended to read as follows:

          In addition to other powers and duties as provided by law, each educational service district superintendent shall:

          (1) Administer oaths and affirmations to school directors, teachers, and other persons on official matters connected with or relating to schools, when appropriate, but not make or collect any charge or fee for so doing.

          (2) Require the oath of office of all school district officers be filed as provided in RCW ((28A.57.322)) 28A.315.500 and furnish a directory of all such officers to the county auditor and to the county treasurer of the county in which the school district is located as soon as such information can be obtained after the election or appointment of such officers is determined and their oaths placed on file.

 

        Sec. 187.  Section 16, chapter 75, Laws of 1974 ex. sess. as amended by section 27, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.113 are each amended to read as follows:

          In addition to other powers and duties as provided by law, each educational service district superintendent shall:

          (1) Assist the school districts in preparation of their budgets as provided in chapter ((28A.65)) 28A.505 RCW.

          (2) Enforce the provisions of the compulsory attendance law as provided in ((chapter 28A.27)) RCW 28A.225.010 through 28A.225.150, 28A.200.010, and 28A.200.020.

          (3) Perform duties relating to capital fund aid by nonhigh districts as provided in chapter ((28A.56)) 28A.540 RCW.

          (4) Carry out the duties and issue orders creating new school districts and transfers of territory as provided in chapter ((28A.57)) 28A.315 RCW.

          (5) Perform all other duties prescribed by law and the educational service district board.

 

        Sec. 188.  Section 12, chapter 176, Laws of 1969 ex. sess. as last amended by section 8, chapter 341, Laws of 1985 and RCW 28A.21.120 are each amended to read as follows:

          The educational service district board shall designate the headquarters office of the educational service district.  Educational service districts shall provide for their own office space, heating, contents insurance, electricity, and custodial services, which may be obtained through contracting with any board of county commissioners.  Official records of the educational service district board and superintendent, including each of the county superintendents abolished by chapter 176, Laws of 1969 ex. sess., shall be kept by the educational service district superintendent.  Whenever the boundaries of any of the educational service districts are reorganized pursuant to RCW ((28A.21.020)) 28A.310.020, the state board of education shall supervise the transferral of such records so that each educational service district superintendent shall receive those records relating to school districts within the appropriate educational service district.

 

        Sec. 189.  Section 20, chapter 282, Laws of 1971 ex. sess. as last amended by section 12, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.135 are each amended to read as follows:

          The superintendent of public instruction by rule and regulation shall adopt budgeting procedures for educational service districts modeled after the statutory procedures for school districts as provided in chapter ((28A.65)) 28A.505 RCW and in accordance with RCW ((28A.21.136, 28A.21.137 and 28A.21.138)) 28A.310.340, 28A.310.350, and 28A.310.360.

 

        Sec. 190.  Section 9, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.136 are each amended to read as follows:

          It is the intent of the legislature that a basic core of uniform services be provided by educational service districts and be identified in statute so that biennial budget requests for educational service districts may be based upon measurable goals and needs.  Educational service districts as noted in RCW ((28A.21.010)) 28A.310.010, are intended primarily to:

          (1) Provide cooperative and informational services to local districts and to perform functions for those districts when such functions are more effectively or economically administered from the regional level;

          (2) Assist the state educational agencies, office of superintendent of public instruction and the state board of education in the legal performance of their duties; and

          (3) Assist in providing pupils with equal educational opportunities.

          The purpose of RCW ((28A.21.137 and 28A.21.138)) 28A.310.350 and 28A.310.360 is to further identify those core services in order to prepare educational service district budgets for the 1979-81 biennium, and those bienniums beyond.

 

        Sec. 191.  Section 11, chapter 283, Laws of 1977 ex. sess. and RCW 28A.21.138 are each amended to read as follows:

          The superintendent of public instruction, pursuant to RCW ((28A.21.135, as now or hereafter amended,)) 28A.310.330 shall prepare the biennial budget request for the operation of educational service districts based upon a formula using the following factors:

          (1) The core service cost itemized in RCW ((28A.21.137)) 28A.310.350 which shall receive primary weighting for formula purposes;

          (2) A weighting factor constituting a geographical factor which shall be used to weight the larger sized educational service districts for formula purposes; and

          (3) A weighting factor which shall be based on the number and size of local school districts within each educational service district for formula purposes.

          The sum of subsection (1) of this section, together with the weighting factors of subsections (2) and (3) of this section for each educational service district, shall reflect the variables among the educational service districts and when combined, a total budget for all educational service districts shall be the result.

 

        Sec. 192.  Section 17, chapter 176, Laws of 1969 ex. sess. as last amended by section 33, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.170 are each amended to read as follows:

          The biennial budget request of each educational service district shall be approved by the respective educational service district board and then forwarded to the superintendent of public instruction for revision and approval as provided in RCW ((28A.21.140)) 28A.310.370.

 

        Sec. 193.  Section 21, chapter 176, Laws of 1969 ex. sess. as amended by section 36, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.21.200 are each amended to read as follows:

          The county treasurer of the county in which the headquarters office of the educational service district is located shall serve as the ex officio treasurer of the district.  ((He)) The treasurer shall keep all funds and moneys of the district separate and apart from all other funds and moneys in ((his)) the treasurer's custody and shall disburse such moneys only upon proper order of the educational service district board or superintendent.

 

        Sec. 194.  Section 22, chapter 176, Laws of 1969 ex. sess. and RCW 28A.21.210 are each amended to read as follows:

          As of July 1, 1969, employees of the various offices of county or intermediate district superintendent and county or intermediate district board shall terminate their employment therein, or such employees, at their election, may transfer their employment to the new intermediate school district in which their respective county is located.  If such employment is so transferred, each employee shall retain the same leave benefits and other benefits that he or she had in his or her previous position.  If the intermediate school district has a different system of computing leave benefits and other benefits, then the employee shall be granted the same leave and other benefits as a person will receive who would have had similar occupational status and total years of service with the new intermediate school district.

 

        Sec. 195.  Section 2, chapter 210, Laws of 1977 ex. sess. as amended by section 2, chapter 508, Laws of 1987 and RCW 28A.21.310 are each amended to read as follows:

          The board of any educational service district may enter into contracts for their respective districts for periods not exceeding twenty years in duration with public and private persons, organizations, and entities for the following purposes:

          (1) To rent or lease building space, portable buildings, security systems, computers and other equipment; and

          (2) To have maintained and repaired security systems, computers and other equipment.

          The budget of each educational service district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW ((28A.65.465 and 28A.21.135, as now or hereafter amended)) 28A.310.330 and 28A.505.140.

          23. Organization and Reorganization of School Districts

 

 

 

        Sec. 196.  Section 28A.57.010, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.010 are each amended to read as follows:

          It is the intent and purpose of this chapter (1) to incorporate into a single, permanent, school district organization law all essential provisions governing the formation and establishment of new school districts, the alteration of the boundaries of existing districts, and the adjustment of the assets and liabilities of school districts when changes are made as aforesaid; and (2) to establish methods and procedures whereby the aforesaid changes in the school district system may be brought about by the people concerned and affected, all to the end that the territorial organization of school districts may be more readily adapted to the needs of the changing economic pattern and educational program in the state; that existing disparities among school districts in ability to provide current and capital outlay funds may be reduced and the educational opportunities of children thereby enhanced; and that a wiser use of public funds may be secured through improvement in the school district system.  It is not the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh districts as provided for in chapter ((28A.56)) 28A.540 RCW.

 

        Sec. 197.  Section 28A.57.020, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 385, Laws of 1985 and RCW 28A.57.020 are each amended to read as follows:

          As used in this chapter:

          (1) "Change in the organization and extent of school districts" means the formation and establishment of new school districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of them.

          (2) "Regional committee" means the regional committee on school district organization created by this chapter.

          (3) "State board" means the state board of education.

          (4) "School district" means the territory under the jurisdiction of a single governing board designated and referred to as the board of directors.

          (5) "Educational service district superintendent" means the educational service district superintendent as provided for in RCW ((28A.21.071)) 28A.310.170 or his or her designee.

 

        Sec. 198.  Section 30, chapter 385, Laws of 1985 and RCW 28A.57.029 are each amended to read as follows:

          Notwithstanding any other provision of this chapter to the contrary, those persons who were county committee members and registered to vote as of July 28, 1985, shall constitute the regional committee of the educational service district within which they are registered to vote until the election of the initial regional committee pursuant to this section.  The initial election of members of each regional committee shall be by those persons who were county committee members registered to vote within the educational service district as of July 28, 1985.  Only persons who were county committee members and so registered to vote as of July 28, 1985, shall be eligible for membership on an initial regional committee, and only those persons who are eligible for such membership and are in attendance at a meeting held for the purpose of the election shall be entitled to cast a vote.  The meeting shall be held at a time and place designated and announced by the educational service district superintendent, but no later than the thirtieth day after July 28, 1985.  The educational service district superintendent shall preside over the meeting.  Nominations shall be from the floor and shall be for position numbers assigned by the educational service district superintendent for the purpose of the initial election and all subsequent elections held pursuant to RCW ((28A.57.032)) 28A.315.060.  Members of each initial regional committee shall be elected by majority vote and shall serve for the staggered terms of office set forth in RCW ((28A.57.032)) 28A.315.060 and until their successors are certified as elected pursuant to RCW ((28A.57.032)) 28A.315.060.

 

        Sec. 199.  Section 1, chapter 15, Laws of 1975-'76 2nd ex. sess. as amended by section 4, chapter 385, Laws of 1985 and RCW 28A.57.032 are each amended to read as follows:

          The members of each regional committee shall be elected in the following manner:

          (1) On or before the 25th day of September, 1986, and not later than the 25th day of September of every subsequent year, each superintendent of an educational service district shall call an election to be held in each educational service district within which resides a member of a regional committee whose term of office expires on the second Monday of January next following, and shall give written notice thereof to each member of the board of directors of each school district in the educational service district.  Such notice shall include instructions, and the rules and regulations established by the state board of education for the conduct of the election.  The state board of education is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish standards and procedures which the state board deems necessary to conduct elections pursuant to this section; to conduct run-off elections in the event an election for a position is indecisive; and to decide run-off elections which result in tie votes, in a fair and orderly manner.

          (2) Candidates for membership on a regional committee shall file a declaration of candidacy with the superintendent of the educational service district wherein they reside.  Declarations of candidacy may be filed by person or by mail not earlier than the 1st day of October, and not later than the 15th day of October.  The superintendent may not accept any declaration of candidacy that is not on file in his or her office or not postmarked before the 16th day of October, or if not postmarked or the postmark is not legible, if received by mail after the 20th day of October.

          (3) Each member of the regional committee shall be elected by a majority of the votes cast for all candidates for the position by the members of the boards of directors of school districts in the educational service district.  All votes shall be cast by mail ballot addressed to the superintendent of the educational service district wherein the school director resides.  No votes shall be accepted for counting if postmarked after the 16th day of November or if not postmarked or the postmark is not legible, if received by mail after the 21st day of November.  An election board comprised of three persons appointed by the board of the educational service district shall count and tally the votes not later than the 25th day of November or the next business day if the 25th falls on a Saturday, Sunday, or legal holiday.  Each vote cast by a school director shall be recorded as one vote.  Within ten days following the count of votes, the educational service district superintendent shall certify to the superintendent of public instruction the name or names of the person(s) elected to be members of the regional committee.

          (4) In the event of a change in the number of educational service districts or in the number of educational service district board members pursuant to chapter ((28A.21)) 28A.310 RCW a new regional committee shall be elected for each affected educational service district at the next annual election conducted pursuant to this section.  Those persons who were serving on a regional committee within an educational service district affected by a change in the number of districts or board members shall continue to constitute the regional committee for the educational service district within which they are registered to vote until the majority of a new board has been elected and certified.

          (5)  No member of a regional committee shall continue to serve thereon if he or she ceases to be a registered voter of the educational service district board member district or if he or she is absent from three consecutive meetings of the committee without an excuse acceptable to the committee.

 

        Sec. 200.  Section 28A.57.034, chapter 223, Laws of 1969 ex. sess. as amended by section 6, chapter 385, Laws of 1985 and RCW 28A.57.034 are each amended to read as follows:

          The terms of members of the regional committees shall be for five years and until their successors are elected.  As nearly as possible one-fifth of the members shall be elected annually.  For the initial election conducted pursuant to RCW ((28A.57.029)) 28A.315.030 and the election of a new regional committee following a change in the number of educational service districts or board members, regional committee member positions one and six shall be for a term of five years, positions two and seven shall be for a term of four years, positions three and eight shall be for a term of three years, positions four and nine shall be for a term of two years, and position five shall be for a term of one year.

 

        Sec. 201.  Section 28A.57.040, chapter 223, Laws of 1969 ex. sess. as last amended by section 8, chapter 385, Laws of 1985 and RCW 28A.57.040 are each amended to read as follows:

          Each regional committee shall organize by electing from its membership a ((chairman)) chair and a vice ((chairman)) chair.  The educational service district superintendent shall be the secretary of the committee.  Meetings of the committee shall be held upon call of the ((chairman)) chair or of a majority of the members thereof.  A majority of the committee shall constitute a quorum.

 

        Sec. 202.  Section 2, chapter 15, Laws of 1975-'76 2nd ex. sess. as last amended by section 1, chapter 100, Laws of 1987 and RCW 28A.57.050 are each amended to read as follows:

          The powers and duties of each regional committee shall be:

          (1) To initiate, on its own motion and whenever it deems such action advisable, proposals or alternate proposals for changes in the organization and extent of school districts in the educational service district; to receive, consider, and revise, whenever in its judgment revision is advisable, proposals initiated by petition or presented to the committee by the educational service district superintendent as provided for in this chapter; to prepare and submit to the state board any of the aforesaid proposals that are found by the regional committee to provide for satisfactory improvement in the school district system of the educational service district and state; to prepare and submit with the aforesaid proposals, a map showing the boundaries of existing school districts affected by any proposed change and the boundaries, including a description thereof, of each proposed new school district or of each existing  school district as enlarged or diminished by any proposed change, or both, and a summary of the reasons for the proposed change; and such other reports, records, and materials as the state board may request.  The committee may utilize as a basis of its proposals and changes that comprehensive plan for changes in the organization and extent of the school districts of the county prepared and submitted to the state board prior to September 1, 1956, or, if the then county committee found, after considering the factors listed in RCW ((28A.57.055)) 28A.315.120, that no changes in the school district organization of the county were needed, the report to this effect submitted to the state board.

          (2) (a) To make an equitable adjustment of the property and other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this section, as to the old school districts and the new district or districts, if any, involved in or affected by a proposed change in the organization and extent of the school districts; and (b) to make an equitable adjustment of the bonded indebtedness outstanding against any of the aforesaid districts whenever in its judgment such adjustment is advisable, as to all of the school districts involved in or affected by any change heretofore or hereafter effected; and (c) to provide that territory transferred from a school district by a change in the organization and extent of school districts shall either remain subject to, or be relieved of, any one or more excess tax levies which are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory from the school district; and (d) to provide that territory transferred to a school district by a change in the organization and extent of school districts shall either be made subject to, or be relieved of, any one or more excess tax levies which are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory to the school district; and (e) to submit to the state board the proposed terms of adjustment and a statement of the reasons therefor in each case.  In making the adjustments herein provided for, the regional committee shall consider the number of children of school age resident in and the assessed valuation of the property located in each school district and in each part of a district involved or affected; the purpose for which the bonded indebtedness of any school district was incurred; the value, location, and disposition of all improvements located in the school districts involved or affected; and any other matters which in the judgment of the committee are of importance or essential to the making of an equitable adjustment.

          (3) To hold and keep a record of a public hearing or public hearings (a) on every proposal for the formation of a new school district or for the transfer from one existing district to another of any territory in which children of school age reside or for annexation of territory when the conditions set forth in RCW ((28A.57.190 or 28A.57.200)) 28A.315.290 or 28A.315.320 prevail; and (b) on every proposal for adjustment of the assets and of the liabilities of school districts provided for in this chapter.  Three members of the regional committee or two members of the committee and the educational service district superintendent may be designated by the committee to hold any public hearing that the committee is required to hold.  The regional committee shall cause notice to be given, at least ten days prior to the date appointed for any such hearing, in one or more newspapers of general circulation within the geographical boundaries of the school districts affected by the proposed change or adjustment.  In addition notice may be given by radio and television, or either thereof, when in the committee's judgment the public interest will be served thereby.

          (4) To divide into five school directors' districts all first and second class school districts now in existence and not heretofore so divided and all first and second class school districts hereafter established:  PROVIDED, That no first or second class school district not heretofore so divided and no first or second class school district hereafter created containing a city with a population in excess of seven thousand according to the latest population certificate filed with the secretary of state by the office of financial management shall be divided into directors' districts unless a majority of the registered voters voting thereon at an election shall approve a proposition authorizing the division of the district into directors' districts.  The boundaries of each directors' district shall be so established that each such district shall comprise as nearly as practicable an equal portion of the population of the school district.

          (5) To rearrange at any time the committee deems such action advisable in order to correct inequalities caused by changes in population and changes in school district boundaries, the boundaries of any of the directors' districts of any school district heretofore or hereafter so divided:  PROVIDED, That a petition therefor, shall be required for rearrangement in order to correct inequalities caused by changes in population.  Said petition shall be signed by at least ten registered voters residing in the aforesaid school district, and shall be presented to the educational service district superintendent.  A public hearing thereon shall be held by the regional committee, which hearing shall be called and conducted in the manner prescribed in subsection (3) of this section.

          (6) To prepare and submit to the superintendent of public instruction from time to time or, upon his or her request, reports and recommendations respecting the urgency of need for school plant facilities, the kind and extent of the facilities required, and the development of improved local school administrative units and attendance areas in the case of school districts that seek state assistance in providing school plant facilities.

 

        Sec. 203.  Section 28A.57.055, chapter 223, Laws of 1969 ex. sess. as amended by section 10, chapter 385, Laws of 1985 and RCW 28A.57.055 are each amended to read as follows:

          Each regional committee, in carrying out the purposes of RCW ((28A.57.050)) 28A.315.110, shall base its judgment and recommendations, if any, to the state board of education, upon such standards and considerations as are established by the state board of education pursuant to chapter 34.05 RCW for the preparation of recommended changes in the organization and extent of school districts and terms of adjustment as provided for in RCW ((28A.57.050)) 28A.315.110.  Such rules and regulations shall provide for giving consideration:  (1) To equalization of the educational opportunities of pupils and to economies in the administration and operation of schools through the formation of larger units of administration and areas of attendance; (2) to equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per-pupil valuation; (3) to geographical and other features, including, but not limited to such physical characteristics as mountains, lakes and rivers, waste land, climatic conditions, highways, and means of transportation; (4) to the convenience and welfare of pupils, including but not limited to remoteness or isolation of their places of residence and time required to travel to and from school; (5) to improvement of the educational opportunities of pupils through improvement and extension of school programs and through better instruction facilities, equipment, materials, libraries, and health and other services; (6) to equalization of the burden of financing the cost of high school facilities through extension of the boundaries of high school districts to include within each such district all of the territory served by the high school located therein:  PROVIDED, That a nonhigh school district may be excluded from a plan if such district is found by the regional committee and the state board to be so situated with respect to location, present and clearly foreseeable future population, and other pertinent factors as to warrant the establishment and operation of a high school therein or the inclusion of its territory in a new district formed for the purpose of establishing and operating a high school; (7) to the future effective utilization of existing satisfactory school buildings, sites, and playfields; the adequacy of such facilities located in the proposed new district; and additional facilities required if such proposed district is formed; and (8) to any other matters which in the judgment of the state board of education are related to or may operate to further equalization and improvement of school facilities and services, economies in operating and capital fund expenditures, and equalization among school districts of tax rates for school purposes.

 

        Sec. 204.  Section 28A.57.060, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 100, Laws of 1987 and RCW 28A.57.060 are each amended to read as follows:

          The powers and duties of the state board with respect to this chapter shall be:

          (1) To aid regional committees in the performance of their duties by furnishing them with plans of procedure, standards, data, maps, forms, and other necessary materials and services essential to a study and understanding of the problems of school district organization in their respective educational service districts.

          (2) To receive, file, and examine the proposals and the maps, reports, records, and other materials relating thereto submitted by regional committees and to approve such proposals and so notify the regional committees when said proposals are found to provide for satisfactory improvement in the school district system of the counties and the state and for an equitable adjustment of the assets and liabilities, including bonded indebtedness and excess tax levies as authorized under RCW ((28A.52.050(2))) 28A.315.110(2), of the school districts involved or affected:  PROVIDED, That whenever the state board approves a recommendation from a regional committee for the transfer of territory from one school district to another school district, such state board approval must be made not later than March 1 of any given year for implementation the school year immediately following:  PROVIDED FURTHER, That whenever such proposals are found by the state board to be unsatisfactory or inequitable, the board shall so notify the regional committee and, upon request, assist the committee in making revisions which revisions shall be resubmitted within sixty days after such notification for reconsideration and approval or disapproval.  Implementation of state board-approved transfers of territory from one school district to another school district shall become effective at the commencement of the next school year unless an earlier implementation is agreed upon in writing by the boards of directors of the affected school districts.

 

        Sec. 205.  Section 28A.57.070, chapter 223, Laws of 1969 ex. sess. as last amended by section 13, chapter 385, Laws of 1985 and RCW 28A.57.070 are each amended to read as follows:

          Upon receipt by a regional committee of such notice from the state board as is required in RCW ((28A.57.060(2))) 28A.315.140(2), the educational service district superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of an established school district or districts and all approved terms of adjustment of assets and liabilities involving an established district or districts the boundaries of which have been or are hereafter altered in the manner provided by law, and shall certify his or her action to each county auditor for the board of county commissioners, each county treasurer, each county assessor and the superintendents of all school districts affected by such action.  Upon receipt of such certification the superintendent of each school district which is annexed to another district by the action shall deliver to the superintendent of the school district to which annexed all books, papers, documents, records, and other materials pertaining to his or her office.

 

        Sec. 206.  Section 28A.57.080, chapter 223, Laws of 1969 ex. sess. as last amended by section 15, chapter 385, Laws of 1985 and RCW 28A.57.080 are each amended to read as follows:

          Notice of such special elections as provided for in RCW ((28A.57.075)) 28A.315.160 shall be given by the county auditor as in RCW 29.27.080 provided.  The notice of election shall state the purpose for which the election has been called and shall contain a description of the boundaries of the proposed new district and a statement of any terms of adjustment of bonded indebtedness to be voted on.

 

        Sec. 207.  Section 28A.57.090, chapter 223, Laws of 1969 ex. sess. as last amended by section 16, chapter 385, Laws of 1985 and RCW 28A.57.090 are each amended to read as follows:

          Whenever a special election is held to vote on a proposal or alternate proposals to form a new school district, the votes cast by the registered voters in each component district shall be tabulated separately and any such proposition shall be considered approved only if it receives a majority of the votes cast in each separate district voting thereon.  Whenever a special election is held to vote on a proposal for adjustment of bonded indebtedness the entire vote cast by the registered voters of the proposed new district or of the established district as the case may be shall be tabulated and any such proposition shall be considered approved if sixty percent or more of all votes cast thereon are in the affirmative.

          In the event of approval of a proposition or propositions voted on at a special election, the educational service district superintendent shall:  (1) Make an order establishing such new school district or such terms of adjustment of bonded indebtedness or both, as were approved by the registered voters and shall also order effected such other terms of adjustment, if there be any, of property and other assets and of liabilities other than bonded indebtedness as have been approved by the state board; and (2) certify his or her action to the county and school district officials specified in RCW ((28A.57.070)) 28A.315.150.  He or she may designate, with the approval of the superintendent of public instruction, a name and number different from that of any component thereof but must designate the new district by name and number different from any other district in existence in the county.

          The educational service district superintendent shall fix, as the effective date of any order or orders he or she is required by this chapter to make, a date no later than the first day of September next succeeding the date of final approval of any change in the organization and extent of school districts or of any terms of adjustment of the assets and liabilities of school districts subject, for taxing purposes, to the redrawing of taxing district boundaries pursuant to RCW 84.09.030.

          Upon receipt of the aforesaid certification, the superintendent of each school district which is included in the new district shall deliver to the superintendent of the new school district all books, papers, documents, records and other materials pertaining to his or her office.

 

        Sec. 208.  Section 28A.57.110, chapter 223, Laws of 1969 ex. sess. as amended by section 18, chapter 385, Laws of 1985 and RCW 28A.57.110 are each amended to read as follows:

          The superintendent of public instruction shall furnish to the state board and to regional committees the services of employed personnel and the materials and supplies necessary to enable them to perform the duties imposed upon them by this chapter and shall reimburse the members thereof for expenses necessarily incurred by them in the performance of their duties, such reimbursement for regional committee members to be in accordance with RCW ((28A.57.035, as now or hereafter amended)) 28A.315.090, and such reimbursement for state board members to be in accordance with RCW ((28A.04.110)) 28A.305.120.

 

        Sec. 209.  Section 28A.57.120, chapter 223, Laws of 1969 ex. sess. as amended by section 34, chapter 3, Laws of 1983 and RCW 28A.57.120 are each amended to read as follows:

          An appeal may be taken, as provided for in RCW ((28A.88.010)) 28A.645.010, to the superior court of the county in which a school district or any part thereof is situated on any question of adjustment of property and other assets and of liabilities provided for in this chapter.  If the court finds the terms of the adjustment in question not equitable, the court shall make an adjustment that is equitable.

 

        Sec. 210.  Section 3, chapter 15, Laws of 1975-'76 2nd ex. sess. and RCW 28A.57.140 are each amended to read as follows:

          Any school district in the state having a student enrollment within the public schools of such district of two thousand pupils or more, as shown by any regular census as required under RCW ((28A.58.150(4), as now or hereafter amended,)) 28A.400.030(4) or by any other evidence acceptable to the educational service district superintendent and the superintendent of public instruction, shall be a school district of the first class.  Any other school district shall be a school district of the second class.

          Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, he or she shall make an order in conformity with his or her findings and alter the records of his or her office accordingly.  Thereafter the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which said district then belongs.

 

        Sec. 211.  Section 1, chapter 63, Laws of 1972 ex. sess. and RCW 28A.57.195 are each amended to read as follows:

          Notwithstanding other provisions of this chapter or any other provision of law and except as otherwise provided in RCW ((28A.57.196)) 28A.315.310, as of July 1, 1972, any United States military reservation in the state of Washington with more than two thousand five hundred common school age children in public schools resident thereon shall be included wholly within the boundaries of a single school district.  Such single school district shall be one of the school districts presently having boundary lines within such military reservation and serving pupils thereon.  The procedure for achieving such single school districts where they do not now exist, or in any year in the future when there are more than two thousand five hundred common school age children on such a military reservation resident therein, shall be as prescribed in RCW ((28A.57.196)) 28A.315.310.

 

        Sec. 212.  Section 2, chapter 63, Laws of 1972 ex. sess. as amended by section 23, chapter 385, Laws of 1985 and RCW 28A.57.196 are each amended to read as follows:

          On or before June 1, 1972, or in any year in the future when there are more than two thousand five hundred common school age children on a military reservation as referred to in RCW ((28A.57.195)) 28A.315.300 resident therein, whichever is the case, and notwithstanding other provisions of this chapter or any other provision of law, the regional committee of each educational service district in which such a United States military reservation is located, or in the case such military reservation is located in two or more educational service districts, the joint regional committee established pursuant to RCW ((28A.57.240)) 28A.315.360, shall order effective September 1 of the then calendar year the annexation of portions of reservation territory not currently within the single school district, as required by RCW ((28A.57.195)) 28A.315.300, to one of the school districts encompassing a portion of the military reservation:  PROVIDED, That notwithstanding any other provision of RCW ((28A.57.195 and 28A.57.196)) 28A.315.300 and 28A.315.310 the annexation order shall not include territory of school districts on such military reservations in which none or less than a majority of the pupils residing within that portion of the district within such military reservation have one or more parents serving in the military and under such military command.  Notwithstanding any other provision of law, the decision as to which school district shall serve the pupils residing within such military reservation shall rest solely with the regional committee of the educational service district in which the affected military reservation is located.  The regional committee shall order such equitable transfer of assets and liabilities as is deemed necessary for the orderly transfer of the territory in accordance with transfers in other annexation proceedings authorized under this chapter.

 

        Sec. 213.  Section 28A.57.230, chapter 223, Laws of 1969 ex. sess. as amended by section 1, chapter 47, Laws of 1973 and RCW 28A.57.230 are each amended to read as follows:

          Any school district composed of territory lying in more than one county shall be known as a joint school district, and shall be designated by number in accordance with rules and regulations promulgated under RCW ((28A.04.130)) 28A.305.150.

 

        Sec. 214.  Section 28A.57.245, chapter 223, Laws of 1969 ex. sess. as last amended by section 26, chapter 385, Laws of 1985 and RCW 28A.57.245 are each amended to read as follows:

          Whenever a proposed change in the organization and extent of school districts or an adjustment of the assets and liabilities of school districts, or both, or any other matters related to such change or adjustment involve school districts in two or more educational service districts, and a majority of at least one of the regional committees involved approve a proposal but the proposal is not approved by the other regional committee or committees or one or more of said committees fails or refuses to act upon the proposal within sixty days of its receipt, the regional committee or committees approving the proposal shall certify the proposal and its approval to the state superintendent of public instruction.  Upon receipt of a properly certified proposal, the state superintendent of public instruction shall appoint a temporary committee composed of five persons.  The members of the temporary committee shall be selected from the membership of any regional committee in this state except that no member shall be appointed from any educational service district in which there is situated a school district that would be affected by the proposed change.  Said committee shall meet at the call of the state superintendent of public instruction and organize by electing a ((chairman)) chair and secretary.  Thereupon, this temporary committee shall have jurisdiction of the proposal and shall treat the same as a proposal initiated on its own motion.  Said committee shall have the powers and duties imposed upon and required to be performed by a regional committee under the provisions of this chapter and the secretary of the committee shall have the powers and duties imposed upon and required to be performed by the educational service district superintendents under the provisions of this chapter.  It shall be the duty of the educational service district superintendents of the educational service districts in which the school districts that would be affected by the proposed change are situated to assist the temporary committee by supplying said committee with information from the records and files of their offices and with a proper and suitable place for holding meetings.

 

        Sec. 215.  Section 28A.57.255, chapter 223, Laws of 1969 ex. sess. as last amended by section 6, chapter 56, Laws of 1983 and RCW 28A.57.255 are each amended to read as follows:

          The registered voters residing within a joint school district shall be entitled to vote on the office of school director of their district.

          Jurisdiction of any such election shall rest with the county auditor of the county administering such joint district as provided in RCW ((28A.57.250)) 28A.315.380.

          At each general election, or upon approval of a request for a special election as provided for in RCW 29.13.020, such county auditor shall:

          (1) See that there shall be at least one polling place in each county;

          (2) At least twenty days prior to the elections concerned, certify in writing to the superintendent of the school district the number and location of the polling places established by such auditor for such regular or special elections; and

          (3) Do all things otherwise required by law for the conduct of such election.

          It is the intention of this section that the qualified electors of a joint school district shall not be forced to go to a different polling place on the same day when other elections are being held to vote for school directors of their district.

 

        Sec. 216.  Section 28A.57.260, chapter 223, Laws of 1969 ex. sess. as last amended by section 5, chapter 47, Laws of 1973 and RCW 28A.57.260 are each amended to read as follows:

          A vacancy in the office of director of a joint district shall be filled in the manner provided by RCW ((28A.57.326)) 28A.315.530 for filling vacancies, such appointment to be valid only until a director is elected and qualified to fill such vacancy at the next regular district election.

 

        Sec. 217.  Section 28A.57.280, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.280 are each amended to read as follows:

          It shall be the duty of the assessor of each county, a part of which is included within a joint school district, to certify annually to the auditor of ((his)) the assessor's county and to the auditor of the county to which the joint district belongs, for the board of county commissioners thereof, the aggregate assessed valuation of all taxable property in ((his)) the assessor's county situated in such joint school district, as the same appears from the last assessment roll of ((his)) the assessor's county.

 

        Sec. 218.  Section 28A.57.322, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 187, Laws of 1988 and RCW 28A.57.322 are each amended to read as follows:

          Every person elected or appointed to the office of school director, before entering upon the discharge of the duties thereof, shall take an oath or affirmation to support the Constitution of the United States and the state of Washington and to faithfully discharge the duties of ((his)) the office according to the best of his or her ability.  In case any official has a written appointment or commission, ((his)) the official's oath or affirmation shall be endorsed thereon and sworn to before any officer authorized to administer oaths.  School officials are hereby authorized to administer all oaths or affirmations pertaining to their respective offices without charge or fee.  All oaths of office, when properly made, shall be filed with the county auditor.  Every person elected to the office of school director shall begin his or her term of office at the first official meeting of the board of directors following certification of the election results.

 

        Sec. 219.  Section 28A.57.324, chapter 223, Laws of 1969 ex. sess. as last amended by section 35, chapter 3, Laws of 1983 and RCW 28A.57.324 are each amended to read as follows:

          Regular meetings of the board of directors of any school district shall be held monthly or ((oftener)) more often at such a time as the board of directors by resolution shall determine or the bylaws of the board may prescribe.  Special or deferred meetings may be held from time to time as circumstances may demand, at the call of the president, if a first class district, or the ((chairman)) chair of the board, if a second class district, or on petition of a majority of the members of the board.  All meetings shall be open to the public unless the board shall otherwise order an executive session as provided in RCW 42.30.110.

 

        Sec. 220.  Section 5, chapter 15, Laws of 1975-'76 2nd ex. sess. as last amended by section 2, chapter 35, Laws of 1980 and RCW 28A.57.328 are each amended to read as follows:

          Upon the establishment of a new school district of the second class, the directors of the old school districts who reside within the limits of the new district shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district.  If fewer than five such directors reside in any such new second class school district, they shall become directors of said district, and the educational service district board shall appoint the number of additional directors required to constitute a board of five directors for the new second class district.  Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than five in a second class district, and such vacancies shall be filled in the manner otherwise provided by law.

          Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of other districts of the same class.  Each initial director shall hold office until his or her successor is elected and qualified:  PROVIDED, That the election of the successor shall be held during the second district general election after the initial directors have assumed office.  At such election, no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years.  Directors thereafter elected and qualified shall serve such terms as provided for in RCW ((28A.57.312, as now or hereafter amended)) 28A.315.450.

 

        Sec. 221.  Section 28A.57.334, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.334 are each amended to read as follows:

          Whenever the directors to be elected in a school district that is not divided into directors' districts are not all to be elected for the same term of years, the county auditor shall distinguish them and designate the same as provided for in RCW 29.21.140, and assign position numbers thereto as provided in RCW ((28A.57.314)) 28A.315.470 and each candidate shall indicate on his or her declaration of candidacy the term for which he or she seeks to be elected and position number for which he or she is filing.  The candidate receiving the largest number of votes for each position shall be deemed elected.

 

        Sec. 222.  Section 28A.57.336, chapter 223, Laws of 1969 ex. sess. as amended by section 11, chapter 131, Laws of 1969 and RCW 28A.57.336 are each amended to read as follows:

          Any first class school district having a board of directors of five members as provided in RCW ((28A.57.312)) 28A.315.450 and which elects directors for a term of six years under the provisions of RCW 29.13.060 shall cause the office of at least one director and no more than two directors to be up for election at each regular school district election held hereafter and, except as provided in RCW ((28A.57.435)) 28A.315.680, any first class school district having a board of directors of seven members as provided in RCW ((28A.57.312)) 28A.315.450 shall cause the office of two directors and no more than three directors to be up for election at each regular school district election held hereafter.

 

        Sec. 223.  Section 28A.57.342, chapter 223, Laws of 1969 ex. sess. as last amended by section 27, chapter 385, Laws of 1985 and RCW 28A.57.342 are each amended to read as follows:

          Whenever an election shall be held for the purpose of securing the approval of the voters for the formation of a new school district other than a school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, if requested by one of the boards of directors of the school districts affected, there shall also be submitted to the voters at the same election a proposition to authorize the regional committee to divide the school district, if formed, into directors' districts.  Such director districts in second class districts, if approved, shall not become effective until the regular school election following the next regular school election at which time a new board of directors shall be elected as provided in RCW  ((28A.57.328)) 28A.315.550.  Such director districts in first class districts, if approved, shall not become effective until the next regular school election at which time a new board of directors shall be elected as provided in RCW ((28A.57.355, 28A.57.356, and 28A.57.357)) 28A.315.600, 28A.315.610, and 28A.315.620.  Each of the five directors shall be elected from among the residents of the respective director district by the electors of the entire school district.

 

        Sec. 224.  Section 3, chapter 67, Laws of 1971 as last amended by section 3, chapter 35, Laws of 1980 and RCW 28A.57.355 are each amended to read as follows:

          Upon the establishment of a new school district of the first class as provided for in RCW ((28A.57.342)) 28A.315.580 containing no former first class district, the directors of the old school districts who reside within the limits of the new district shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district.  If fewer than five such directors reside in such new district, they shall become directors of said district and the educational service district board shall appoint the number of additional directors to constitute a board of five directors for the district.  Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be filled in the manner otherwise provided by law.

          Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of first class school districts until the next regular school election in the district at which election their successors shall be elected and qualified.  At such election no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years:  PROVIDED, That if such first class district is in a class AA or class A county and contains a city of the first class, two directors shall be elected for a term of three years and three directors shall be elected for a term of six years.

 

        Sec. 225.  Section 6, chapter 15, Laws of 1975-'76 2nd ex. sess. as last amended by section 4, chapter 35, Laws of 1980 and RCW 28A.57.356 are each amended to read as follows:

          Upon the establishment of a new school district of the first class as provided for in RCW ((28A.57.342, as now or hereafter amended,)) 28A.315.580 containing only one former first class district, the directors of the former first class district and two directors representative of former second class districts selected by a majority of the board members of former second class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district.  Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining board members is less than five, and such vacancies shall be filled in the manner otherwise provided by law.

          Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of first class school districts until the next regular school election in the district at which election their successors shall be elected and qualified.   At such election no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years:  PROVIDED, That if such first class district is in a class AA or class A county and contains a city of the first class, two directors shall be elected for a term of three years and three directors shall be elected for a term of six years.

 

        Sec. 226.  Section 2, chapter 47, Laws of 1980 as amended by section 5, chapter 35, Laws of 1980 and RCW 28A.57.357 are each amended to read as follows:

          Upon the establishment of a new school district of the first class as provided for in RCW ((28A.57.342, as now or hereafter amended,)) 28A.315.580 containing more than one former first class district, the directors of the largest former first class district and three directors representative of the other former first class districts selected by a majority of the board members of the former first class districts and two directors representative of former second class districts selected by a majority of the board members of former second class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district.  Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law.

          Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all of the powers and authority conferred by law upon boards of first class districts until the next regular school election and until their successors are elected and qualified.  At such election other than districts electing directors for six-year terms as provided in RCW 29.13.060, as now or hereafter amended, five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years.  At such election for districts electing directors for six years other than a district having within its boundaries a city with a population of four hundred thousand people or more in class AA counties and electing directors for six year terms, five directors shall be elected either at large or by director districts, as the case may be, one for a term of two years, two for a term of four years, and two for a term of six years.

 

        Sec. 227.  Section 3, chapter 47, Laws of 1980 as amended by section 6, chapter 35, Laws of 1980 and RCW 28A.57.358 are each amended to read as follows:

          Upon the establishment of a new school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties, the directors of the largest former first class district and three directors representative of the other former first class districts selected by a majority of the board members of the former first class districts and two directors representative of former second class districts selected by a majority of the board members of former second class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district.  Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and duties conferred by law upon boards of first class districts, until the next regular school election and until their successors are elected and qualified.  Such duties shall include establishment of new director districts as provided for in RCW ((28A.57.425, as now or hereafter amended)) 28A.315.670.  At the next regular school election seven directors shall be elected by director districts, two for a term of two years, two for a term of four years and three for a term of six years.  Thereafter their terms shall be as provided in RCW ((28A.57.313)) 28A.315.460.

          Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law.

 

        Sec. 228.  Section 28A.57.390, chapter 223, Laws of 1969 ex. sess. as last amended by section 29, chapter 385, Laws of 1985 and RCW 28A.57.390 are each amended to read as follows:

          Each educational service district superintendent shall prepare and keep in his or her office (1) a map showing the boundaries of the directors' districts of all school districts in or belonging to his or her educational service district that are so divided, and (2) a record of the action taken by the regional committee in establishing such boundaries.

 

        Sec. 229.  Section 28A.57.410, chapter 223, Laws of 1969 ex. sess. and RCW 28A.57.410 are each amended to read as follows:

          Whenever all directors to be elected in a school district that is divided into directors' districts are not all to be elected for the same term of years, the county auditor, prior to the date set by law for filing a declaration of candidacy for the office of director, shall determine by lot the directors' districts from which directors shall be elected for a term of two years and the directors' districts from which directors shall be elected for a term of four years.  Each candidate shall indicate on his or her declaration of candidacy the directors' district from which he or she seeks to be elected.

 

        Sec. 230.  Section 9, chapter 15, Laws of 1975-'76 2nd ex. sess. and RCW 28A.57.415 are each amended to read as follows:

          Upon receipt of a written petition by an educational service district superintendent signed by at least twenty percent of the registered voters of a school district theretofore divided into directors' districts after a majority vote thereon in accordance with RCW ((28A.57.050(4), as now or hereafter amended)) 28A.315.110(4), which petition shall request a return to the system of directors running at large within the district, the superintendent, after formation of the question to be submitted to the voters, shall give notice thereof to the county auditor who shall call and hold a special election of the voters of the entire school district to approve or reject such proposal, such election to be called, conducted and the returns canvassed as in regular school district elections.

          If approval of a majority of those registered voters voting in said election is acquired, at the expiration of terms of the incumbent directors of such school district their successors shall be elected at large.

 

        Sec. 231.  Section 9, chapter 131, Laws of 1969 as last amended by section 6, chapter 183, Laws of 1979 ex. sess. and RCW 28A.57.425 are each amended to read as follows:

          Notwithstanding any other provision of law, any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall be divided into seven director districts.  The boundaries of such director districts shall be established by the members of the school board and approved by the county committee on school district organization, such boundaries to be established so that each such district shall comprise, as nearly as practicable, an equal portion of the population of the school district.  Boundaries of such director districts shall be adjusted by the school board and approved by the county committee after each federal decennial census if population change shows the need thereof to comply with the equal population requirement above.  No person shall be eligible for the position of school director in any such director district unless such person resides in the particular director district.  Residents in the particular director district desiring to be a candidate for school director shall file their declarations of candidacy for such director district and for the position of director in that district and shall be voted upon in the primary election by the registered voters of that particular director district:  PROVIDED, That if not more than one person files a declaration of candidacy for the position of school director in any director district, no primary election shall be held in that district, and such candidate's name alone shall appear on the ballot for the director district position at the general election.  The name of the person who receives the greatest number of votes and the name of the person who receives the next greatest number of votes at the primary for each director district position shall appear on the general election ballot under such position and shall be voted upon by all the registered voters in the school district.  Except as provided in RCW ((28A.57.435, as now or hereafter amended)) 28A.315.680, every such director so elected in school districts divided into seven director districts shall serve for a term of four years as otherwise provided in RCW ((28A.57.313)) 28A.315.460.

 

        Sec. 232.  Section 10, chapter 131, Laws of 1969 as last amended by section 36, chapter 3, Laws of 1983 and RCW 28A.57.435 are each amended to read as follows:

          Within thirty days after March 25, 1969, the school boards of any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more in class AA counties shall establish the director district boundaries and obtain approval thereof by the county committee on school district organization.  Appointment of a board member to fill any vacancy existing for a new director district prior to the next regular school election shall be by the school board.  Prior to the next regular election in the school district and the filing of declarations of candidacy therefor, the incumbent school board shall designate said director districts by number.  Directors appointed to fill vacancies as above provided shall be subject to election, one for a six-year term, and one for a two-year term and thereafter the term of their respective successors shall be for four years.  The term of office of incumbent members of the board of such district shall not be affected by RCW ((28A.57.312, 28A.57.336, 28A.57.425, 28A.57.435, 28A.57.313)) 28A.315.450, 28A.315.460, 28A.315.570, 28A.315.670, 28A.315.680, 29.21.180, and 29.21.210((, each as now or hereafter amended)).

 

        Sec. 233.  Section 38, chapter 385, Laws of 1985 and RCW 28A.57.900 are each amended to read as follows:

          Any proceeding or hearing now or hereafter initiated, being considered, or in progress pursuant to this chapter as of July 28, 1985, or thereafter which is interrupted by a change in committee membership by chapter 385, Laws of 1985 shall continue and be assumed and decided with equal force and effect by the initial regional committees and all other successor committees provided for in RCW ((28A.57.032 and 28A.57.055)) 28A.315.060 and 28A.315.120:  PROVIDED, That such committees may elect to reconduct proceedings on hearings already in progress and shall reconduct wholly or partially completed hearings required pursuant to this chapter unless the majority of the committee deciding the matter have either read or heard previously submitted testimony and evidence.

          24. Provisions Applicable to All Districts

          A. District Powers

 

 

 

        Sec. 234.  Section 2, chapter 142, Laws of 1972 ex. sess. as amended by section 116, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.58.630 are each amended to read as follows:

          Any school district board of directors and  educational service district board are authorized to purchase insurance to protect and hold personally harmless any director, officer, employee or agent of the respective school district or educational service district from any action, claim or proceeding instituted against him or her arising out of the performance or failure of performance of duties for or employment with such institution and to hold him or her harmless from any expenses connected with the defense, settlement or monetary judgments from such actions.

 

        Sec. 235.  Section 28A.58.107, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 77, Laws of 1986 and RCW 28A.58.107 are each amended to read as follows:

          Every board of directors, unless otherwise specifically provided by law, shall:

          (1) Provide for the expenditure of a reasonable amount for suitable commencement exercises;

          (2) In addition to providing free instruction in lip reading for children handicapped by defective hearing, make arrangements for free instruction in lip reading to adults handicapped by defective hearing whenever in its judgment such instruction appears to be in the best interests of the school district and adults concerned;

          (3) Join with boards of directors of other school districts or an educational service district pursuant to RCW ((28A.21.086(3), as now or hereafter amended)) 28A.310.180(3), or both such school districts and educational service district in buying supplies, equipment and services by establishing and maintaining a joint purchasing agency, or otherwise, when deemed for the best interests of the district, any joint agency formed hereunder being herewith authorized and empowered to issue interest bearing warrants in payment of any obligation owed:  PROVIDED, HOWEVER, That those agencies issuing interest bearing warrants shall assign accounts receivable in an amount equal to the amount of the outstanding interest bearing warrants to the county treasurer issuing such interest bearing warrants:  PROVIDED FURTHER, That the joint purchasing agency shall consider the request of any one or more private schools requesting the agency to jointly buy supplies, equipment, and services including but not limited to school bus maintenance services, and, after considering such request, may cooperate with and jointly make purchases with private schools of supplies, equipment, and services, including but not limited to school bus maintenance services, so long as such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases;

          (4) Consider the request of any one or more private schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus maintenance services, and, after considering such request, may provide such joint purchasing services:  PROVIDED, That such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and

          (5) Prepare budgets as provided for in chapter ((28A.65)) 28A.505 RCW.

 

        Sec. 236.  Section 1, chapter 142, Laws of 1972 ex. sess. as amended by section 115, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.58.620 are each amended to read as follows:

          Whenever any action, claim or proceeding is instituted against any director, officer, employee or agent of a school district or educational service district arising out of the performance or failure of performance of duties for, or employment with any such district, the board of directors of the school district or  educational service district board, as the case may be, may grant a request by such person that the prosecuting attorney and/or attorney of the district's choosing be authorized to defend said claim, suit or proceeding, and the costs of defense, attorney's fees, and any obligation for payment arising from such action may be paid from the school district's general fund, or in the case of an  educational service district, from any appropriation made for the support of the  educational service district, to which said person is attached:  PROVIDED, That costs of defense and/or judgment against such person shall not be paid in any case where the court has found that such person was not acting in good faith or within the scope of his or her employment with or duties for the district.

          B. Program Evaluation

 

 

 

        Sec. 237.  Section 2, chapter 349, Laws of 1985 as last amended by section 1, chapter 83, Laws of 1989 and RCW 28A.58.085 are each amended to read as follows:

          (1) Each school district board of directors shall develop a schedule and process by which each public school within its jurisdiction shall undertake self-study procedures on a regular basis:  PROVIDED, That districts may allow two or more elementary school buildings in the district to undertake jointly the self-study process.  Each school may follow the accreditation process developed by the state board of education under RCW ((28A.04.120(6))) 28A.305.130(6), although no school is required to file for actual accreditation, or the school may follow a self-study process developed locally.  The initial self-study process within each district shall begin by September 1, 1986, and should be completed for all schools within a district by the end of the 1990-91 school year.

          (2) Any self-study process must include the participation of staff, parents, members of the community, and students, where appropriate to their age.

          (3) The self-study process that is used must focus upon the quality and appropriateness of the school's educational program and the results of its operational effort.  The primary emphasis throughout the process shall be placed upon:

          (a) Achieving educational excellence and equity;

          (b) Building stronger links with the community; and

          (c) Reaching consensus upon educational expectations through community involvement and corresponding school management.

         

          (4) The state board of education shall adopt rules governing procedural criteria.  Such rules should be flexible so as to accommodate local goals and circumstances.  The rules may allow for waiver of the self-study for economic reasons and may also allow for waiver of the initial self-study if a district or its schools have participated successfully in an official accreditation process or in a similar assessment of educational programs within the last three years.  The self-study process shall be conducted on a cyclical basis every seven years following the initial 1990-91 period.

          (5) The superintendent of public instruction shall provide training to assist districts in their self-studies.

          (6) Each district shall report every two years to the superintendent of public instruction on the scheduling and implementation of their self-study activities.  The report shall include information about how the district and each school within the district have addressed the issue of class size and staffing patterns.

 

        Sec. 238.  Section 1, chapter 90, Laws of 1975-'76 2nd ex. sess. as last amended by section 1, chapter 256, Laws of 1988 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 include as part of the self-study procedures required under RCW ((28A.58.085)) 28A.320.200, the development of  a program identifying student learning objectives for their district in all courses of study included in the school district programs:  PROVIDED, That each school within the district, as a part of the self-study process, shall review the district learning objectives for each course of study and may identify additional or special learning objectives which are applicable to the particular school.  In developing a program to identify student learning objectives, or in reviewing a student learning objectives program already established, districts are encouraged to consider the activities, developments, and results of the work of the temporary committee on the assessment and accountability of educational outcomes ((pursuant to the provisions of RCW 28A.100.010 through 28A.100.026)).

          C. Deposit, Investment of Funds, and Use of Proceeds

 

 

 

        Sec. 239.  Section 1, chapter 47, Laws of 1975 as amended by section 5, chapter 191, Laws of 1982 and RCW 28A.58.430 are each amended to read as follows:

          Any common school district board of directors is empowered to direct and authorize, and to delegate authority to an employee, officer, or agent of the common school district or the educational service district to direct and authorize, the county treasurer to invest funds described in RCW ((28A.58.435 and 28A.58.440)) 28A.320.310 and 28A.320.320 and funds from state and federal sources as are then or thereafter received by the educational service district, and such funds from county sources as are then or thereafter received by the county treasurer, for distribution to the common school districts.  Funds from state, county and federal sources which are so invested may be invested only for the period the funds are not required for the immediate necessities of the common school district as determined by the school district board of directors or its delegatee, and shall be invested in behalf of the common school district pursuant to the terms of RCW ((28A.58.435, 28A.58.440)) 28A.320.310, 28A.320.320, or 36.29.020((, as now or hereafter amended,)) as the nature of the funds shall dictate.  A grant of authority by a common school district pursuant to this section shall be by resolution of the board of directors and shall specify the duration and extent of the authority so granted.  Any authority delegated to an educational service district pursuant to this section may be redelegated pursuant to RCW ((28A.21.095, as now or hereafter amended)) 28A.310.220.

 

        Sec. 240.  Section 4, chapter 8, Laws of 1971 as amended by section 95, chapter 7, Laws of 1985 and RCW 28A.58.435 are each amended to read as follows:

          The board of directors of any school district of the state of Washington which now has, or hereafter shall have, funds in the capital projects fund of the district in the office of the county treasurer which in the judgment of said board are not required for the immediate necessities of the district, may invest and reinvest all, or any part, of such funds in United States securities, as hereinafter specified after and pursuant to a resolution adopted by the board, authorizing and directing the county treasurer, as ex officio the treasurer of said district, to invest or reinvest, said moneys or any designated amount thereof in United States securities and specifying the type or character of the United States securities in which said moneys shall be invested:  PROVIDED, That nothing herein authorized, or the type and character of the securities thus specified, shall have in itself the effect of delaying any program of building for which said funds shall have been authorized.  Said funds and said securities and the profit and interest thereon, and the proceeds thereof, shall be held by the county treasurer to the credit and benefit of the capital projects fund of the district in ((his said)) the county treasurer's office.  If in the judgment of the board it shall be necessary to redeem or to sell any of the purchased securities before their ultimate maturity date, the board may, by resolution, direct the county treasurer to cause such redemption to be had at the "Redemption Value" of said securities or to sell said bonds and securities at not less than market value and accrued interest.  The foregoing "securities" shall include United States bonds, federal treasury notes and treasury bonds and United States certificates of indebtedness and other federal securities which may, during the life of this statute, come within the terms of this section.

 

        Sec. 241.  Section 2, chapter 250, Laws of 1981 as last amended by section 13, chapter 59, Laws of 1983 and RCW 28A.58.441 are each amended to read as follows:

          School districts shall establish the following funds in addition to those provided elsewhere by law:

          (1) A general fund for maintenance and operation of the school district to account for all financial operations of the school district except those required to be accounted for in another fund.

          (2) A capital projects fund shall be established for major capital purposes.  All statutory references to a "building fund" shall mean the capital projects fund so established.  Money to be deposited into the capital projects fund shall include, but not be limited to, bond proceeds, proceeds from excess levies authorized by RCW 84.52.053, state apportionment proceeds as authorized by RCW ((28A.41.143)) 28A.150.270, and earnings from capital projects fund investments as authorized by RCW ((28A.58.435 and 28A.58.440)) 28A.320.310 and 28A.320.320.

          Money derived from the sale of bonds, including interest earnings thereof, may only be used for those purposes described in RCW ((28A.51.010)) 28A.530.010, except that accrued interest paid for bonds shall be deposited in the debt service fund.

          Money to be deposited into the capital projects fund shall include but not be limited to rental and lease proceeds as authorized by RCW ((28A.58.035)) 28A.335.060, and proceeds from the sale of real property as authorized by RCW ((28A.58.0461)) 28A.335.130.

          Money legally deposited into the capital projects fund from other sources may be used for the purposes described in RCW ((28A.51.010)) 28A.530.010, and for the purposes of:

          (a) Major renovation, including the replacement of facilities and systems where periodical repairs are no longer economical.  Major renovation and replacement shall include, but shall not be limited to, roofing, heating and ventilating systems, floor covering, and electrical systems.

          (b) Renovation and rehabilitation of playfields, athletic fields, and other district real property.

          (c) The conduct of preliminary energy audits and energy audits of school district buildings.  For the purpose of this section:

          (i) "Preliminary energy audits" means a determination of the energy consumption characteristics of a building, including the size, type, rate of energy consumption, and major energy using systems of the building.

          (ii) "Energy audit" means a survey of a building or complex which identifies the type, size, energy use level, and major energy using systems; which determines appropriate energy conservation maintenance or operating procedures and assesses any need for the acquisition and installation of energy conservation measures, including solar energy and renewable resource measures.

          (iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily intended to reduce energy consumption or allow the use of an alternative energy source.

           (d) Those energy capital improvements which are identified as being cost-effective in the audits authorized by this section.

           (e) Purchase or installation of additional major items of equipment and furniture:  PROVIDED, That vehicles shall not be purchased with capital projects fund money.

         

          (3) A debt service fund to provide for tax proceeds, other revenues, and disbursements as authorized in chapter 39.44 RCW.

          (4) An associated student body fund as authorized by RCW ((28A.58.120)) 28A.325.030.

          (5) Advance refunding bond funds and refunded bond funds to provide for the proceeds and disbursements as authorized in chapter 39.53 RCW.

          D. Electors‑-Qualifications, Voting Place, and Special Meetings

 

 

 

        Sec. 242.  Section 28A.58.380, chapter 223, Laws of 1969 ex. sess. and RCW 28A.58.380 are each amended to read as follows:

          All such special meetings shall be held at such schoolhouse or place as the board of directors may determine.  The voting shall be by ballot, the ballots to be of white paper of uniform size and quality.  At least ten days' notice of such special meeting shall be given by the school district superintendent, in the manner that notice is required to be given of the annual school election, which notice shall state the object or objects for which the meeting is to be held, and no other business shall be transacted at such meeting than such as is specified in the notice.  The school district superintendent shall be the secretary of the meeting, and the chairman of the board of directors or, in his absence, the senior director present, shall be chairman of the meeting:  PROVIDED, That in the absence of one or all of said officials, the qualified electors present may elect a chairman or secretary, or both chairman and secretary, of said meeting as occasion may require, from among their number.  The secretary of the meeting shall make a record of the proceedings of the meeting, and when the secretary of such meeting has been elected by the qualified voters present, he or she shall within ten days thereafter, file the record of the proceedings, duly certified, with the superintendent of the district, and said records shall become a part of the records of the district, and be preserved as other records.

          E. Summer School, Night School, Extracurricular Activities, and Athletics

 

 

        Sec. 243.  Section 1, chapter 161, Laws of 1974 ex. sess. and RCW 28A.58.080 are each amended to read as follows:

          Every school district board of directors is authorized to establish and operate summer and/or other student vacation period programs and to assess such tuition and special fees as it deems necessary to offset the maintenance and operation costs of such programs in whole or part.  A summer and/or other student vacation period program may consist of such courses and activities as the school district board shall determine to be appropriate:  PROVIDED, That such courses and activities shall not conflict with the provisions of RCW ((28A.04.120, as now or hereafter amended)) 28A.305.130.  Attendance shall be voluntary.

          25. Associated Student Bodies

 

 

 

        Sec. 244.  Section 2, chapter 284, Laws of 1975 1st ex. sess. as last amended by section 2, chapter 98, Laws of 1984 and RCW 28A.58.120 are each amended to read as follows:

          There is hereby created a fund on deposit with each county treasurer for each school district of the county having an associated student body as defined in RCW ((28A.58.115)) 28A.325.020.  Such fund shall be known as the associated student body program fund.  Rules and regulations promulgated by the superintendent of public instruction under RCW ((28A.58.115)) 28A.325.020 shall require separate accounting for each associated student body's transactions in the school district's associated student body program fund.

          All moneys generated through the programs and activities of any associated student body shall be deposited in the associated student body program fund.  Such funds may be invested for the sole benefit of the associated student body program fund in items enumerated in RCW ((28A.58.440)) 28A.320.320 and the county treasurer may assess a fee as provided therein.  Disbursements from such fund shall be under the control and supervision, and with the approval, of the board of directors of the school district, and shall be by warrant as provided in chapter ((28A.66)) 28A.350 RCW:  PROVIDED, That in no case shall such warrants be issued in an amount greater than the funds on deposit with the county treasurer in the associated student body program fund.  To facilitate the payment of obligations, an imprest bank account or accounts may be created and replenished from the associated student body program fund.

          The associated student body program fund shall be budgeted by the associated student body, subject to approval by the board of directors of the school district.  All disbursements from the associated student body program fund or any imprest bank account established thereunder shall have the prior approval of the appropriate governing body representing the associated student body.  Notwithstanding the provisions of RCW 43.09.210, it shall not be mandatory that expenditures from the district's general fund in support of associated student body programs and activities be reimbursed by payments from the associated student body program fund.

          Nothing in this section shall prevent those portions of student-generated moneys in the associated student body program fund, budgeted or otherwise, which constitute bona fide voluntary donations and are identified as donations at the time of collection from being used for such scholarship, student exchange and charitable purposes as the appropriate governing body representing the associated student body shall determine, and for such purposes, said moneys shall not be deemed public moneys under section 7, Article VIII, of the state Constitution.

          Nonassociated student body program fund moneys generated and received by students for private purposes, including but not limited to use for scholarship and/or charitable purposes, may, in the discretion of the board of directors of any school district, be held in trust in one or more separate accounts within an associated student body program fund and be disbursed for such purposes:  PROVIDED, That the school district shall either withhold an amount from such moneys as will pay the district for its cost in providing the service or otherwise be compensated for its cost for such service.         

26. Provisions Applicable to School Districts

          A. Provisions Applicable Only to First Class School Districts

 

 

 

        Sec. 245.  Section 28A.59.030, chapter 223, Laws of 1969 ex. sess. and RCW 28A.59.030 are each amended to read as follows:

          At the first meeting of the members of the board they shall elect a president and vice president from among their number who shall serve for a term of one year or until their successors are elected.  In the event of the temporary absence or disability of both the president and vice president, the board of directors may elect a president pro tempore who shall discharge all the duties of president during such temporary absence or disability.

          The superintendent of such school district shall act as secretary to the board in accordance with the provisions of RCW ((28A.58.150)) 28A.400.030.

 

        Sec. 246.  Section 28A.59.040, chapter 223, Laws of 1969 ex. sess. and RCW 28A.59.040 are each amended to read as follows:

          The election of the officers of the board of directors or to fill any vacancy as provided in RCW ((28A.57.326)) 28A.315.530, and the selection of the school district superintendent shall be by oral call of the roll of all the members, and no person shall be declared elected or selected unless he or she receives a majority vote of all the members of the board.  Selection of other certificated and noncertificated personnel shall be made in such manner as the board shall determine.

 

        Sec. 247.  Section 28A.59.060, chapter 223, Laws of 1969 ex. sess. and RCW 28A.59.060 are each amended to read as follows:

          It shall be the duty of the vice president to perform all the duties of president in case of ((his)) the president's absence or disability.

 

        Sec. 248.  Section 28A.59.070, chapter 223, Laws of 1969 ex. sess. and RCW 28A.59.070 are each amended to read as follows:

          In addition to the duties as prescribed in RCW ((28A.58.150)) 28A.400.030, the school district superintendent, as secretary of the board, may be authorized by the board to act as business manager, purchasing agent, and/or superintendent of buildings and janitors, and charged with the special care of school buildings and other property of the district, and he or she shall perform other duties as the board may direct.

 

        Sec. 249.  Section 28A.59.080, chapter 223, Laws of 1969 ex. sess. as last amended by section 117, chapter 275, Laws of 1975 1st ex. sess. and RCW 28A.59.080 are each amended to read as follows:

          Before entering upon the discharge of ((his)) the superintendent's duties, the superintendent as secretary of the board shall give bond in such sum as the board of directors may fix from time to time, but for not less than five thousand dollars, with good and sufficient sureties, and shall take and subscribe an oath or affirmation, before a proper officer that he or she will support the Constitution of the United States and of the state of Washington and faithfully perform the duties of ((his)) the office, a copy of which oath or affirmation shall be filed with the  educational service district superintendent.

 

        Sec. 250.  Section 28A.59.110, chapter 223, Laws of 1969 ex. sess. and RCW 28A.59.110 are each amended to read as follows:

          Moneys of such school districts shall be paid out only upon orders for warrants signed by the president, or a majority of the board of directors and countersigned by the secretary:  PROVIDED, That when, in the judgment of the board of directors, the orders for warrants issued by the district monthly shall have reached such numbers that the signing of each warrant by the president personally imposes too great a task on the president, the board of directors, after auditing all payrolls and bills as provided by RCW ((28A.59.150)) 28A.330.090, may authorize the issuing of one general certificate to the county treasurer, to be signed by the president, authorizing said treasurer to pay all the warrants specified by date, number, name and amount, and the funds on which said warrants shall be drawn; thereupon the secretary of said board shall be authorized to draw and sign said orders for warrants.

 

        Sec. 251.  Section 28A.59.150, chapter 223, Laws of 1969 ex. sess. as last amended by section 9, chapter 56, Laws of 1983 and RCW 28A.59.150 are each amended to read as follows:

          All accounts shall be audited by a committee of board members chosen in such manner as the board so determines to be styled the "auditing committee," and, except as otherwise provided by law, no expenditure greater than three hundred dollars shall be voted by the board except in accordance with a written contract, nor shall any money or appropriation be paid out of the school fund except on a recorded affirmative vote of a majority of all members of the board:  PROVIDED, That nothing herein shall be construed to prevent the board from making any repairs or improvements to the property of the district through their shop and repair department as otherwise provided in RCW ((28A.58.135)) 28A.335.190.

 

        Sec. 252.  Section 7, chapter 2, Laws of 1983 and RCW 28A.59.180 are each amended to read as follows:

          Every board of directors of a school district of the first class, in addition to the general powers for directors enumerated in ((chapter 28A.58 RCW or elsewhere in)) this title, shall have the power:

          (1) To employ for a term of not exceeding three years a superintendent of schools of the district, and for cause to dismiss him or her; and to fix his or her duties and compensation.

          (2) To employ, and for cause dismiss one or more assistant superintendents and to define their duties and fix their compensation.

          (3) To employ a business manager, attorneys, architects, inspectors of construction, superintendents of buildings and a superintendent of supplies, all of whom shall serve at the board's pleasure, and to prescribe their duties and fix their compensation.

          (4) To employ, and for cause dismiss, supervisors of instruction and to define their duties and fix their compensation.

          (5) To prescribe a course of study and a program of exercises which shall be consistent with the course of study prepared by the state board of education for the use of the common schools of this state.

          (6) To, in addition to the minimum requirements imposed by ((Title 28A RCW, as now or hereafter amended,)) this title establish and