AN ACT Relating to the voluntary elimination, reduction, or prevention of minority group isolation in public elementary and secondary schools; amending RCW 84.52.0531; adding new sections to chapter 28A.58 RCW; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 28A.58 RCW to read as follows:

It is the intent of the legislature to establish a magnet school program to provide eligible school districts an opportunity to apply for state funds which are separate from and in addition to the state funds allocated for the state's basic program of education.

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

The state legislature shall appropriate funds for each fiscal year to carry out the provisions of sections 1 through 10 of this act.

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

It is the purpose of sections 1 through 10 of this act:

(1) To provide financial assistance to eligible local school districts to enable such agencies to establish and operate magnet schools;

(2) To meet the special needs incident to the elimination of minority group segregation and discrimination among students and faculty in elementary and secondary schools through the use of magnet schools;

(3) To encourage through magnet schools the voluntary elimination, reduction, or prevention of minority group isolation in elementary and secondary schools with substantial proportions of minority group students; and

(4) To encourage the development of courses of instruction within magnet schools that will substantially strengthen the knowledge of academic subjects and the grasp of tangible and marketable vocational skills of students attending such schools.

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

A local school district is eligible to receive assistance under sections 1 through 10 of this act if the district:

(1) Is implementing a plan undertaken according to a final order issued by a court of the United States or a court of the state of Washington that requires the desegregation of minority group segregated children or faculty in the elementary and secondary schools of such district; or

(2) Without having been required to do so, has developed and is implementing or will, if assistance is made available to it under sections 1 through 10 of this act, adopt and implement a plan that reduces, eliminates, or prevents minority group isolation in elementary and secondary schools with substantial proportions of minority group students; and

(3) Has a minority student population in excess of twenty-five percent.

NEW SECTION. Sec. 5. A new section is added to chapter 28A.58 RCW to read as follows:

The superintendent is authorized, in accordance with the provisions of sections 1 through 10 of this act, to make allocation grants to eligible local school districts for use in magnet schools that are part of a desegregation plan and are designed to bring students from different social, economic, ethnic, and racial backgrounds together.

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

For the purpose of sections 1 through 10 of this act:

(1) "Magnet school" means a school or education center that offers a special curriculum or special programs capable of attracting substantial numbers of students of different racial backgrounds.

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

(3) "Minority group isolation" means the situation where the minority racial distribution of a school varies more than twenty percent from the district average, provided that no single minority racial group exceeds fifty percent of the school's student enrollment.

NEW SECTION. Sec. 7. A new section is added to chapter 28A.58 RCW to read as follows:

Magnet school act funds made under sections 1 through 10 of this act may be used by eligible local school districts for:

(1) Planning and promotional activities directly related to expansion, continuation, or enhancement of academic programs and services offered at magnet schools;

(2) The acquisition of books, materials, and equipment, including computers and their maintenance and operation, that are necessary for the conduct of programs in magnet schools;

(3) The payment or subsidization of the compensation of elementary and secondary instructional staff who are certified or licensed by the state and who are necessary for the conduct of programs in magnet schools; and

(4) Assistance, for circumstances given in subsections (2) and (3) of this section, shall be related to improving student skills in basic education, vocational skills, or special programs that contribute to reducing racial isolation.

NEW SECTION. Sec. 8. A new section is added to chapter 28A.58 RCW to read as follows:

(1) Each eligible local educational agency which desires to receive assistance under sections 1 through 10 of this act shall submit a magnet schools application to the superintendent. Each application shall be in the form that the superintendent may reasonably require. Each application shall contain assurances that the local school district will meet the conditions enumerated in subsection (2) of this section.

(2) As part of the annual application required by subsection (1) of this section, each eligible local school district shall certify that the district agrees:

(a) To use funds made available under sections 1 through 10 of this act for the purposes specified in section 7 of this act;

(b) To employ instructional staff in the courses of instruction assisted under sections 1 through 10 of this act who are certified or licensed by the state to teach the subject matter of the courses of instruction;

(c) To provide assurances that the local school district will not engage in discrimination based upon race, religion, color, national origin, sex, or handicap in the hiring, promotion, or assignment of employees of the district or other personnel for whom the district has any administrative responsibility;

(d) To provide assurances that the local school district will not engage in discrimination based upon race, religion, color, national origin, sex, or handicap in the assignment of students to schools or to courses of instruction within schools of such district except to carry out its desegregation plan;

(e) To provide assurances that the local school district will not engage in discrimination based upon race, religion, color, national origin, sex, or handicap in designing or operating extracurricular activities for students;

(f) To describe how assistance made available under sections 1 through 10 of this act will be used to promote desegregation;

(g) To provide assurances that the district will carry out a high quality education program that will encourage greater parental decision-making and involvement; and

(h) To provide other assurances as the superintendent determines are necessary to carry out the provisions of sections 1 through 10 of this act.

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

(1) In approving applications under sections 1 through 10 of this act, the superintendent shall give priority to:

(a) The number of minority children enrolled in the district and the proportion of minority group children involved in any desegregation plan;

(b) The need for assistance based on the expense or difficulty of effectively carrying out a desegregation plan and the program or projects for which assistance is sought; and

(c) The degree to which the program or project for which assistance is sought affords promise of achieving the purposes of sections 1 through 10 of this act.

(2) In approving applications under sections 1 through 10 of this act, the superintendent shall give special consideration to the degree to which the program for which assistance is sought involves the collaborative efforts of institutions of higher education, community-based organizations, the superintendent, or any other private organizations.

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

(1) Magnet schools assistance act funds shall be distributed to school districts based on the number of full-time equivalent students of October 1 of the previous year.

(2) No local school district may receive grant funds under this chapter for more than one fiscal year unless the superintendent determines that the program for which assistance was provided in the first fiscal year is making satisfactory progress in achieving the purposes of sections 1 through 10 of this act.

(3) No local school district may spend more than ten percent of the amount that the district receives in any fiscal year for planning.

(4) The superintendent shall award grant funds to local school districts under sections 1 through 10 of this act no later than June 30 of the fiscal year preceding the year in which the funds will be used.

NEW SECTION. Sec. 11. The sum of fourteen million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the superintendent of public instruction for the purposes of sections 1 through 10 of this act.

Sec. 12. Section 1, chapter 374, Laws of 1985 as last amended by section 1, chapter 252, Laws of 1988 and RCW 84.52.0531 are each amended to read as follows:

The maximum dollar amount which may be levied by or for any school district for maintenance and operation support under the provisions of RCW 84.52.053 shall be determined as follows:

(1) For the purpose of this section, the basic education allocation shall be determined pursuant to RCW 28A.41.130, 28A.41.140, and 28A.41.145, as now or hereafter amended: PROVIDED, That when determining the basic education allocation under subsection (4) of this section, nonresident full time equivalent pupils who are participating in a program provided for in chapter 28A.44 RCW or in any other program pursuant to an interdistrict agreement shall be included in the enrollment of the resident district and excluded from the enrollment of the serving district.

(2) For the purposes of subsection (5) of this section, a base year levy percentage shall be established. The base year levy percentage shall be equal to the greater of: (a) The district's actual levy percentage for calendar year 1985, (b) the average levy percentage for all school district levies in the state in calendar year 1985, or (c) the average levy percentage for all school district levies in the educational service district of the district in calendar year 1985.

(3) For excess levies for collection in calendar year 1988 and thereafter, the maximum dollar amount shall be the total of:

(a) The district's levy base as defined in subsection (4) of this section multiplied by the district's maximum levy percentage as defined in subsections (5) and (6) of this section; plus

(b) In the case of nonhigh [school] districts only, an amount equal to the total estimated amount due by the nonhigh school district to high school districts pursuant to chapter 28A.44 RCW for the school year during which collection of the levy is to commence, less the increase in the nonhigh school district's basic education allocation as computed pursuant to subsection (1) of this section due to the inclusion of pupils participating in a program provided for in chapter 28A.44 RCW in such computation; less

(c) The maximum amount of state matching funds under RCW 28A.41.155 for which the district is eligible in that tax collection year.

(4) For excess levies for collection in calendar year 1988 and thereafter, a district's levy base shall be the sum of the following allocations received by the district for the prior school year, including allocations for compensation increases, adjusted by the percent increase per full time equivalent student in the state basic education appropriation between the prior school year and the current school year:

(a) The district's basic education allocation as determined pursuant to RCW 28A.41.130, 28A.41.140, and 28A.41.145;

(b) State and federal categorical allocations for the following programs:

(i) Pupil transportation;

(ii) Handicapped education;

(iii) Education of highly capable students;

(iv) Compensatory education, including but not limited to learning assistance, migrant education, Indian education, refugee programs, and bilingual education;

(v) Food services; and

(vi) State-wide block grant programs; and

(c) Any other federal allocations for elementary and secondary school programs, including direct grants, other than federal impact aid funds and allocations in lieu of taxes.

(5) For levies to be collected in calendar year 1988, a district's maximum levy percentage shall be determined as follows:

(a) Multiply the district's base year levy percentage as defined in subsection (2) of this section by the district's levy base as determined in subsection (4) of this section;

(b) Reduce the amount in (a) of this subsection by the total estimated amount of any levy reduction funds as defined in subsection (7) of this section which are to be allocated to the district for the 1987-88 school year;

(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in calendar year 1988.

(6) For excess levies for collection in calendar year 1989 and thereafter, a district's maximum levy percentage shall be determined as follows:

(a) Multiply the district's maximum levy percentage for the prior year or thirty percent, whichever is less, by the district's levy base as determined in subsection (4) of this section;

(d) The percentage in (c) of this subsection or twenty percent, whichever is greater, shall be the district's maximum levy percentage for levies collected in that calendar year.

(7) "Levy reduction funds" shall mean enhancements in state funding formulas for programs included under subsection (4) of this section, as specified in this subsection. In the case of levies for collection in 1989 and thereafter, for each such program, levy reduction funds shall be the difference between:

(a) The district's state allocation for such program for the current school year calculated using the formula for distributing state funds for the program in the current school year; and

(b) The state allocation for such program that the district would receive for the program in the current school year if the formula used for distributing state funds for the program in the prior year were adopted in computing such allocation.

In all calculations under this subsection, formula factors shall be adjusted to reflect the salary levels and benefit rates to be used for state funding in the current school year and the allocations for nonemployee-related costs shall reflect adjustments for cost inflation from the prior school year as recognized in the current school year funding formula. If levy reduction funds are dependent on formula factors which would not be finalized until after the start of the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds by using prior school year data in place of current school year data.

In the case of levies for collection in calendar year 1988, levy reduction funds are those funds defined as levy reduction funds under the rules adopted by the superintendent of public instruction as of March 1, 1988, and do not include state allocations of local education program enhancement funds. Levy reduction funds shall not include appropriations pursuant to the magnet school assistance act.

(8) For the purposes of this section, "prior school year" shall mean the most recent school year completed prior to the year in which the levies are to be collected.

(9) For the purposes of this section, "current school year" shall mean the year immediately following the prior school year.

(10) The superintendent of public instruction shall develop rules and regulations and inform school districts of the pertinent data necessary to carry out the provisions of this section.

NEW SECTION. Sec. 13. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.