AN ACT Relating to school improvement; adding new sections to Title 28A RCW; creating new sections; making appropriations; and providing an expiration date.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Many school districts across the state are engaged in efforts to reevaluate and restructure their local education programs and that state support can help sustain and accelerate the momentum of educational restructuring;

(b) Enrollment options, open enrollment, and choice refer both to the availability of educational program alternatives and opportunities, within and outside school districts, and to the ability of students and parents to select which school in a particular district the student will attend;

(c) Current provisions of law provide students and parents a number of options pertaining to educational programs, learning opportunities, and enrollment alternatives; and

(d) Open enrollment must be linked with other school improvement strategies, and that it is appropriate and necessary to examine the level and impact of student mobility under current Washington law, as well as the level and impact of student mobility under open enrollment provisions in other states.

(2) Toward the goal of restructuring education in Washington, it is the intent of the legislature to provide additional resources for school improvement efforts while examining carefully all aspects of enrollment options programs.

NEW SECTION. Sec. 2. It is the purpose of sections 3 through 9 of this act:

(1) To provide financial assistance for start-up costs to eligible local school districts to enable local school districts to begin 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. 3. A local school district is eligible to receive assistance under sections 3 through 9 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 3 through 9 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. 4. The superintendent of public instruction shall, under sections 3 through 9 of this act, make allocation grants to eligible local school districts for start-up costs for 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. 5. For the purpose of sections 3 through 9 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) "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. 6. Magnet school funds under sections 3 through 9 of this act may be used by eligible local school districts for start-up costs for developing magnet school programs and for conducting magnet school programs during their first year of operation as follows:

(1) Planning and promotional activities directly related to academic programs and services;

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

(3) The payment or subsidy of the compensation of elementary and secondary instructional staff who are certified or licensed by the state;

(4) Transportation costs associated with transporting students to the program; and

(5) Costs associated with encouraging parental involvement in the schools including additional staff time for evening meetings, transportation costs, educational and parent training programs, and promotional activities.

NEW SECTION. Sec. 7. (1) Each eligible local educational agency which desires to receive assistance under sections 3 through 9 of this act shall submit a magnet schools application to the superintendent of public instruction. Each application shall be in the form that the superintendent of public instruction 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 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 3 through 9 of this act for the purposes specified in section 6 of this act;

(b) To employ instructional staff in the courses of instruction assisted under sections 3 through 9 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 3 through 9 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 of public instruction determines are necessary to carry out the provisions of sections 3 through 9 of this act.

NEW SECTION. Sec. 8. (1) In approving applications under sections 3 through 9 of this act, the superintendent of public instruction 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 starting the program or projects for which assistance is sought; and

(c) The degree to which starting the program or project for which assistance is sought will help achieve the purposes of sections 3 through 9 of this act.

(2) In approving applications under sections 3 through 9 of this act, the superintendent of public instruction 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. 9. (1) Magnet schools assistance act funds shall be distributed to school districts based on the number of full-time equivalent students on October 1, 1989.

(2) No local school district may spend more than ten percent of its allocation for planning.

NEW SECTION. Sec. 10. A school district with a voluntarily adopted or court ordered desegregation plan, within five years of adopting a locally developed intradistrict open enrollment program, and subject to adequate financial resources such as through grant programs for magnet schools and special needs, and from other sources, should assure that all students in the district have an opportunity to participate in the local open enrollment program.

NEW SECTION. Sec. 11. (1) The superintendent of public instruction shall establish and administer a grant program to assist eligible school districts in meeting special needs of the districts.

(2) Funds appropriated by the legislature for the purposes of the grant program and new or existing programs enhanced by funds received under the grant program shall not become a part of the state's basic program of education obligation as set forth under Article IX of the state Constitution.

(3) School districts shall be eligible to apply for additional state funds under the grant program if the school district meets the criteria under section 12 or 13 of this act.

NEW SECTION. Sec. 12. (1) A school district of the second class under RCW 28A.57.140 may apply for funds under the grant program established under section 11 of this act, to help meet the special needs of the district, if the school district meets all of the criteria in this section:

(a) The median household income is at least twenty percent below the state average;

(b) The number of families receiving aid to families with dependent children exceeds the state-wide average by twenty percent or more;

(d) The assessed valuation of property for excess levy purposes would require a levy rate of more than two dollars per one thousand dollars of valuation to raise a ten percent levy;

(e) The district does not receive federal impact aid in excess of the maximum amount the district would be eligible to raise with a ten percent levy; and

(f) The district does not receive federal forest moneys in excess of their basic education allocation.

(2) The funds provided to school districts eligible under this section shall not exceed the maximum amount the district could raise under a ten percent levy less any federal impact funds provided to the district. Available funds shall be equitably distributed among all districts eligible under this section.

NEW SECTION. Sec. 13. (1) A school district may apply for funds under the grant program established under section 11 of this act to help meet the special needs of the district if the school district meets at least three of the criteria in this section:

(a) The school district's annual average full-time equivalent student enrollment is five thousand or more for the 1987-88 school year;

(b) At least forty-five percent of the lunches served by the district in the 1986-87 school year were free or reduced price meals;

(c) The dropout rate for the district as determined by the superintendent of public instruction is twenty percent or greater for the 1985-86 and 1986-87 school years; and

(d) The number of languages or dialects, or both, spoken by students in the school district as a native language other than English is eight or more.

(2) Available funds shall be equitably distributed among all districts eligible under this section.

NEW SECTION. Sec. 14. Eligible school districts interested in applying for funds under the grant program established in section 11 of this act shall submit a grant application to the superintendent of public instruction. Grant applications shall include the following:

(1) Documentation that the district board of directors has held at least one public hearing regarding the proposed use of the grant funds. The public hearing and other public hearings held by the district may be held as part of the public hearings required under chapter 28A.65 RCW;

(2) Identified budgeted expenditures for the grant funds. The expenditure plan may be included as part of the district's annual budget required under chapter 28A.65 RCW;

(3) Documentation that the development of the expenditure plan before the first public hearing involved teachers, school and district administrators, educational staff associates and classified personnel, parents, students, and members of the community at-large;

(4) A description of the services, programs, or activities that will be funded in whole or in part by the grant funds. It is the intent of the legislature that the funds be used to meet the special needs of the district and may be spent for programs such as, but not limited to, magnet schools; and

(5) A description of the methods and procedures to be used to evaluate the effectiveness of the services, programs, or activities supported by the grant funds.

NEW SECTION. Sec. 15. (1) Each school district receiving funds under the grant program established under section 11 of this act shall submit biennially to the superintendent of public instruction a report on the district's use of the grant funds. The report shall include an assessment of the effectiveness of the services, programs, or activities supported by the grant funds and other information required by the superintendent of public instruction.

(2) The superintendent of public instruction shall establish the date for submittal of reports. The superintendent of public instruction shall work with the eligible districts in developing reporting requirements that do not create excessive paperwork but which provide information necessary for the legislature to evaluate the impact of the grant program on the educational programs of the eligible school districts.

(3) The superintendent of public instruction shall submit biennially to the legislature a report on the grant program established under section 11 of this act. The first report shall be submitted not later than December 1, 1991.

NEW SECTION. Sec. 16. (1) The superintendent of public instruction shall conduct a study and report to the legislature and the governor not later than December 1, 1991, on the number of students participating in state and locally authorized enrollment options programs, including but not limited to:

(a) RCW 28A.02.201 (state-approved private schools);

(b) RCW 28A.27.010 (4) and (5) (home-schooling);

(d) RCW 28A.58.075 (joint educational facilities, services or programs between two or more school districts);

(e) RCW 28A.58.210 (attendance in a contiguous school district by students who reside on identified federal land);

(f) RCW 28A.58.217 (highly capable students who attend the University of Washington);

(g) RCW 28A.58.225 through 28A.58.242 (transfer statutes);

(h) RCW 28A.58.245 (voluntary, tuition free attendance programs among school districts);

(i) RCW 28A.58.250 (attendance reciprocity exchanges with other states);

(j) Chapter 28A.97 RCW (educational clinics);

(k) RCW 28A.120.092 (five-year open enrollment program for certain students);

(l) RCW 28A.100.080 through 28A.100.092 (small high school district cooperative projects);

(m) RCW 28B.50.530 (cooperative agreements between school and community college districts);

(n) Chapter 39.34 RCW (interlocal cooperation act);

(o) Advanced placement courses and examinations;

(p) Public school alternative programs;

(q) Use of telecommunications technology to expand program opportunities;

(r) Programs offered by school districts on Saturdays and during the summer; and

(s) Early admissions programs offered by the community colleges.

(2) The report shall include findings and recommendations relating, but not limited, to:

(a) Changes in district educational programs reflecting shifts in priorities resulting from the enrollment options identified under subsection (1) of this section;

(b) The reasons most often given by parents and students for requesting enrollment in nonresident schools or districts;

(c) The number of students both successfully and unsuccessfully requesting enrollment in nonresident schools or districts; and

(d) The impact of the enrollment options identified under subsection (1) of this section on issues relating to: Desegregation; school construction; transportation coordination in and between districts; local levies; special student populations, such as but not limited to handicapped students, highly capable students, and athletically talented students; and school district consolidation.

NEW SECTION. Sec. 17. (1) The superintendent of public instruction shall conduct a study and report to the legislature and the governor not later than December 1, 1991, on the impact of open enrollment laws in other states. The report shall include findings and recommendations relating, but not limited, to:

(a) Changes in district educational programs reflecting shifts in priorities resulting from the open enrollment options in the states;

(b) The reasons most often given by parents and students for requesting enrollment in nonresident districts;

(d) The impact of the open enrollment options in the states on issues relating to: Desegregation; school construction; transportation coordination in and between districts; local levies; special student populations, such as but not limited to handicapped students, highly capable students, and athletically talented students; and school district consolidation;

(e) Financial and other support, if any, provided to schools and school districts experiencing enrollment loss attributable to the open enrollment program;

(f) Impact of open enrollment on local control and decentralization;

(g) Use of contracts and other agreements, regarding staff assignments, between employee groups and school districts and between school districts; and

(h) A cost-benefit analysis of the open enrollment programs in the states.

(2) This section shall expire December 31, 1991.

NEW SECTION. Sec. 18. The superintendent of public instruction, based on the results of the studies required under sections 16 and 17 of this act, shall recommend to the legislature and the governor by December 1, 1992, recommendations regarding the establishment of a limited or unlimited open enrollment program in Washington effective with the 1993-94 school year. In developing the recommendations the superintendent shall provide ample opportunity for input from students, teachers, parents, administrators, school boards, the business community, and other interested persons and groups.

NEW SECTION. Sec. 19. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to carry out the purposes of sections 2 through 15 of this act.

NEW SECTION. Sec. 20. Sections 11 through 15 of this act are each added to Title 28A RCW.

NEW SECTION. Sec. 21. Sections 2 through 9 of this act shall expire June 30, 1991.

NEW SECTION. Sec. 22. (1) The sum of four 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 2 through 9 of this act.

(2) The sum of six million five hundred thousand 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 section 12 of this act.

(3) The sum of six million five hundred thousand 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 section 13 of this act.

(4) The sum of one hundred thousand 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 16 and 17 of this act.

NEW SECTION. Sec. 23. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.