AN ACT Relating to quality schools; amending RCW 28A.03.360, 28A.70.010, and 28A.58.0951; adding new sections to Title 28A RCW; adding new chapters to Title 28A RCW; creating new sections; making an appropriation; and providing an effective date.

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

PART I

PARENT'S BILL OF RIGHTS

NEW SECTION. Sec. 101. INTENT‑-DEFINITION. The legislature finds that parents have the primary responsibility for the welfare of their children. The successful education of these children is the product of a responsive and rigorous educational system that depends on the participation of informed and concerned parents and citizens. To this end, sections 102 and 103 of this act are intended to define certain rights of parents to be informed of, and participate in, the education of their children.

"Parents" as used in this chapter, includes one or both parents and any legal guardian.

NEW SECTION. Sec. 102. RIGHT TO KNOW WHAT STUDENTS ARE BEING TAUGHT. Parents have the right to know what their children are being taught.

(1) A school district shall make available for inspection by parents any educational or other program of the district and all instructional materials relating thereto, including teacher manuals, textbooks, films, tapes, or supplementary material.

(2) No child may be placed in an experimental or pilot academic program in a school district without prior consultation and written consent of the parent. As used in this subsection, "experimental" or "pilot program" is any program designed to explore or develop new or unproven teaching methods or techniques.

(3) A school district shall not perform psychological testing of a student without the written permission of the parents.

(4) Parents have the right to visit the classroom of their child, by prior arrangement, on four occasions during each school year. Additional visits may be made with permission of the school principal.

NEW SECTION. Sec. 103. SCHOOL DISTRICT ANNUAL REPORT. The superintendent of each school district in the state shall annually report to the board of directors of the district and each parent in the district. The report shall describe, with respect to student achievement, the standing of the district and the schools of the district, relative to the other districts and schools in the state and nation. To the extent possible, the relative standing of the schools shall be described in terms of standardized achievement test scores, the rate of drop-outs and absenteeism, the graduation rate, the ratings of the district by college admissions offices, and any measurements of the performance of the district's students in colleges and universities. The report shall also describe the academic environment of the district's schools, including curriculum content and teacher turnover rate.

NEW SECTION. Sec. 104. Sections 101 through 103 of this act shall constitute a new chapter in Title 28A RCW.

PART II

PERFORMANCE-BASED TEACHER COMPENSATION@EC

NEW SECTION. Sec. 201. DEFINITIONS. The definitions in this section apply throughout this chapter.

(1) "Teacher" means a certificated instructional staff person employed in a public school in this state. The term includes persons holding an alternative teaching certificate under section 501 of this act.

(2) "School building" means a discrete school operated by a school district.

NEW SECTION. Sec. 202. PERFORMANCE-BASED SALARY INCREASES‑-ALLOCATION OF FUNDS. The superintendent of public instruction shall allocate to school districts funds to effectuate a system of performance-based salary increases for the teachers of the state. The funds allocated for this purpose shall be that percentage amount by which, in any fiscal year, the average percentage salary increase granted to teachers by the legislature exceeds the average percentage salary increase granted by the legislature to classified state employees under the jurisdiction of the state personnel board.

The funds provided for performance-based salary increases under this section shall be allocated by the superintendent of public instruction to each school building in the state in the same manner as other teacher compensation funds are allocated to the state's school districts.

NEW SECTION. Sec. 203. PERFORMANCE PAY PLAN‑-COMMITTEE TO BE ESTABLISHED IN SCHOOL BUILDING. The performance-based salary increases under section 202 of this act shall be implemented in each school building in accordance with a performance pay plan adopted by a committee established in each school building as provided in this section.

(1) The committee shall consist of no more than eleven members, who shall be appointed by the school principal except as otherwise provided in this section.

(2) A majority of the committee members shall be either parents of students in the school building or representatives of the community served by the school. These members shall not have a financial or professional interest in the performance pay plan.

(3) The remainder of the committee shall consist of teachers and administrators employed in the school building and shall include the principal of the school. At least one member of the committee shall be a teacher, who shall be elected by the teachers employed in the school building. A teacher who is employed in more than one school building may serve on no more than one committee under this section.

NEW SECTION. Sec. 204. PERFORMANCE PAY PLAN‑-CONTENTS. (1) The committee established under section 203 of this act shall develop and adopt a performance pay plan that shall be used to determine the teachers in the school building who will receive performance-based salary increases and the amount of the increases. The performance pay plan shall be implemented at the school building level and shall identify the person or persons who will implement the plan. The plan shall provide for annual written evaluation of each teacher based on the criteria established by the plan. The plan shall not allow across-the-board salary increases to all teachers in the school building unless the plan so states and is adopted by a two-thirds vote of the committee.

(2) The plan shall include at least the following criteria by which the performance-based salary increases are to be awarded:

(a) Demonstration of improved competency of students leaving grades four, eight, ten, and twelve in the subject matters of English, mathematics, science, history, and geography. The improved competency shall be measured by the assessment test administered under RCW 28A.03.360;

(b) Development of lesson plans with understandable student learning objectives that provide for measurement of student achievement against those objectives, and evaluation of improved student achievement resulting from the plans;

(c) Demonstration of teacher competency in theory and content of assigned subject matter, as well as principles and methods of instruction;

(d) Maintenance of a clearly understood grading procedure that is administered fairly and consistently, and is directly related to student learning objective improvement;

(e) Demonstration of increased student motivation, self-direction, and self-discipline;

(f) Demonstration of communication skills for improvement in parent/teacher relationships that effectively contribute to improved student performance; and

(g) Decreasing rates of student absenteeism and, in the case of high school buildings, demonstration of an increased graduation rate for students. The plan shall include a methodology for calculating the graduation rate that reflects the rate of student drop-outs as well as student transfers into and out of the school.

(3) In developing the performance pay plan, the committee shall seek input from appropriate groups, including parents, teachers, administrators, students, and the public.

(4) The superintendent of the school district shall develop the performance pay plan, consistent with this section, for those teachers who are not employed primarily in one school building.

NEW SECTION. Sec. 205. PERFORMANCE PAY PLANS‑-AWARDS BY CITIZEN'S COMMITTEE ON QUALITY SCHOOLS. (1) All performance pay plans adopted under section 204 of this act shall be filed with the superintendent of public instruction before the allocation of any funds under the plan to the teachers in the school.

(2) During the first three fiscal years that moneys are available under section 202 of this act to fund performance-based salary increases, it is the intent of the legislature that additional funds will be appropriated to provide awards to school buildings that develop and implement superior performance pay plans under section 204 of this act. The award made to a school building shall be an amount equivalent to a salary increase of up to ten percent for all teachers in the building. The award shall be distributed in the school building in the following manner:

(a) One-half shall be distributed to provide a one-time, noncontinuing salary increase of up to five percent for all teachers in the school building; and

(b) One-half shall be distributed to provide additional one- time, noncontinuing salary increases, to be allocated under the terms of the school's performance pay plan.

(3) The awards under this section may be granted to no more than five percent of the school buildings in the state and to no more than five percent of all teachers in the state.

(4) There is established the citizens' committee on quality schools, with members to be appointed by the governor. The citizens' committee on quality schools shall grant the awards under subsection (2) of this section. The committee shall consist of no more than fifteen persons as provided in this subsection. In making the appointments, the governor shall include persons with recognized expertise in teacher preparation, development, evaluation, and assessment and student evaluation and assessment.

(a) A majority of the committee members shall be representatives of the public, including parents of school children. These members shall be appointed by the governor, shall have no financial or professional interest in teacher compensation, and shall not be elected state officials.

(b) The governor and the superintendent of public instruction, or their designees, shall serve as members of the committee.

(5) After reviewing the performance pay plans and making the awards, the committee shall develop and propose a single performance pay plan for state-wide adoption by the legislature.

NEW SECTION. Sec. 206. Sections 201 through 205 of this act shall constitute a new chapter in Title 28A RCW.

PART III

STUDENT ACHIEVEMENT TESTS

Sec. 301. Section 1, chapter 98, Laws of 1975-'76 2nd ex. sess. as last amended by section 1, chapter 403, Laws of 1985 and RCW 28A.03.360 are each amended to read as follows:

(1) Every school district is encouraged to test pupils in grade two by an assessment device designed or selected by the local school districts. This test shall be used to help teachers in identifying those pupils in need of assistance in the skills of reading, writing, mathematics, and language arts. The test results are not to be compiled by the superintendent of public instruction, but are only to be used by the local school district.

(2) The superintendent of public instruction shall ((~~prepare and~~)) conduct, with the assistance of local school districts, a standardized achievement test to be given annually to all pupils in grade four. The test shall assess students' skill in reading, mathematics, and language arts and shall focus upon appropriate input variables. Results of such tests shall be compiled by the superintendent of public instruction, who shall make those results available annually to the legislature, to all local school districts and subsequently to parents of those children tested. The results shall allow parents to ascertain the achievement levels and input variables of their children as compared with the other students within the district, the state and, if applicable, the nation.

(3) The superintendent of public instruction shall ((~~prepare and~~)) conduct, with the assistance of local school districts, an assessment to be administered annually to all grade eight students. The purposes of the assessment are to assist students, parents, and teachers in the planning and selection of appropriate high school programs and courses for the students and to provide comparisons within the district, the state and, if applicable, the nation. The assessment shall include but not be limited to tests in reading, mathematics, science, history, geography, and language arts and a student interest inventory. The superintendent of public instruction shall make the results available to all local school districts which shall in turn make them available to students, parents, and teachers in a timely fashion.

(4) The superintendent of public instruction shall ((~~prepare and~~)) conduct, with the assistance of local school districts, a standardized achievement test to be given annually to all students in grade ten. The purposes of the test are to assist students in meeting district graduation requirements and in making decisions regarding potential career options and the test results shall allow schools and parents to ascertain the achievement levels of their students as compared with other students within the district, the state, and, if applicable, the nation. The results may also be used as an aid in the development of plans to build upon individual students' strengths and to address areas in which individual students' skills are not as strong. The test shall include but not be limited to examinations in reading, mathematics, science, history, geography, and language arts and a student academic and career interest inventory and may include the collection of other academic achievement related information. Results of the test shall be compiled by the superintendent of public instruction who shall annually make the results available to all local school districts which shall in turn make the results available to students, parents, and teachers in a timely fashion. In addition to a compilation of school district test results, the test results for each school shall be reported as they relate to selected demographic variables.

(5) The superintendent of public instruction shall test approximately two thousand students distributed throughout the state in the eleventh grade once every two years. Choice of students shall be based on a statistical random sample of students from this grade level sufficient to generalize about all of the students at the grade level from the state's school districts. The purpose of the test is to allow the public, the legislature, and school district personnel to evaluate how Washington students in this grade compare to students in the same grade tested in other comparable national achievement surveys.

(6) The superintendent of public instruction shall conduct, with the assistance of local school districts, a standardized achievement test to be given annually to all students in grade twelve. The purposes of the test are to determine the competence of students in the subject matters of English, mathematics, science, history, and geography.

(7) The superintendent of public instruction shall report annually to the legislature on the achievement levels of students in grades four, eight, ((~~and~~)) ten, and twelve and shall report biennially to the legislature on the achievement levels of students in grade

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

ACHIEVEMENT TESTS‑-PASSAGE REQUIRED FOR GRADE ADVANCEMENT AND GRADUATION. (1) The achievement tests conducted under RCW 28A.03.360 after October 1, 1992, in grades four, eight, ten, and twelve shall be developed by the citizens' committee on quality schools established under section 205 of this act. In developing the tests, the committee shall review and consider any tests previously prepared by the state board of education under RCW 28A.03.360. The committee shall submit its tests, together with the standards by which successful completion of the tests are to be measured, to the state board of education by July 1, 1991.

In developing the tests and the standards for successful completion of the tests, the committee shall consider the needs of students in special programs such as the handicapped and bilingual education programs.

The state board of education may adopt the tests submitted by the committee by rule or reject the tests and request that the tests be revised by the committee. If the tests have not been adopted by the state board of education by January 1, 1992, the recommendation of the committee shall be submitted for consideration by the 1992 regular session of the legislature.

(2) After October 1, 1994, a school district shall not advance a student beyond the fourth, eighth, or tenth grade without the student having successfully completed the respective test conducted under RCW 28A.03.360 unless the district obtains the consent of the student's parent or guardian.

(3) After October 1, 1996, no student may graduate from a high school in this state unless the student has successfully completed the test conducted under RCW 28A.03.360(6).

PART IV

EXAMINATION OF CANDIDATES FOR TEACHER CERTIFICATION

Sec. 401. Section 203, chapter 525, Laws of 1987 and RCW 28A.70.010 are each amended to read as follows:

The ((~~state board of education shall require a uniform~~)) citizens' committee on quality schools established under section 205 of this 1990 act shall develop a state exit examination or examinations for teacher certification candidates. The committee shall submit the examinations to the state board of education by July 1, 1992. The board may adopt the examinations by rule or reject the examinations and request that the examinations be revised by the committee. If the examinations have not been adopted by the state board of education by January 1, 1993, the examinations shall be submitted for consideration by the 1993 regular session of the legislature.

Commencing August 31, 1993, teacher certification candidates completing a teacher preparation program or an alternative certificate preservice training program shall be required to pass an exit examination before being granted an initial certificate. The examination shall test knowledge and competence in subjects including, but not limited to, instructional skills, classroom management, and student behavior and development. ((~~The examination shall consist primarily of essay questions.~~)) The state board of education shall adopt such rules as may be necessary to implement this section.

PART V

ALTERNATIVE TEACHER CERTIFICATION

NEW SECTION. Sec. 501. A new section is added to Title 28A RCW to read as follows:

ALTERNATIVE TEACHER CERTIFICATION‑-ELIGIBILITY‑-PRESERVICE AND INSERVICE TRAINING. (1) By January 1, 1991, the state board of education, in consultation with the citizens' committee on quality schools established under section 205 of this act, shall adopt rules under chapter 34.05 RCW establishing standards and procedures for alternative teacher certification. In developing the standards, the board shall emphasize maximum flexibility and local control by school districts in the training, employment, supervision, and evaluation of teachers with alternative certificates. The standards shall include but are not limited to standards for eligibility, preservice training, inservice training, supervision, and evaluation.

(2) The eligibility standards for persons to receive an alternative certificate require that the person:

(a) Hold a baccalaureate degree in the arts, sciences, or humanities from an accredited college or university;

(b) Have completed a minimum number of years, as determined by the state board of education, of occupational experience that contributes to the person's effectiveness as a teacher; and

(3) The preservice training standards shall require completion of a program in professional education knowledge and skills developed jointly by at least one school district and one institution of higher education operating a state-approved teacher preparation program. The preservice training program shall consist of no more than fifteen quarter credit hours and, in the case of a state institution of higher education, shall be operated on a self-supporting basis. Upon successful completion of the program, the state board of education shall issue an initial alternative certificate to the teacher.

(4) The inservice training standards shall include but are not limited to:

(a) Assignment of a mentor teacher to the alternative certificate teacher pursuant to the teacher assistance program under RCW 28A.67.240;

(b) Participation by the alternative certificate teacher in the teacher assistance program; and

(c) Local provision of necessary assistance and reasonable planning and study time for the alternative certificate teacher, including preservice planning.

Upon completion of the inservice training program, the state board of education shall issue an alternative certificate to the teacher.

PART VI

SUPPLEMENTAL CONTRACTS

Sec. 601. Section 205, chapter 2, Laws of 1987 1st ex. sess. and RCW 28A.58.0951 are each amended to read as follows:

(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.

(2)(a) Salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; and

(b) Salaries for certificated instructional staff with a masters degree shall not be less than the salary provided in the appropriations act in the state-wide salary allocation schedule for an employee with a masters degree and zero years of service;

(3)(a) The actual average salary paid to basic education certificated instructional staff shall not exceed the district's average basic education certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.41.112.

(b) Fringe benefit contributions for basic education certificated instructional staff shall be included as salary under (a) of this subsection to the extent that the district's actual average benefit contribution exceeds the greater of: (i) The formula amount for insurance benefits provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable; or (ii) the actual average amount provided by the school district in the 1986-87 school year. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.58.096, or employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system.

(c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.

(4) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time((,)) or additional responsibilities((~~, or incentives~~)). Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.67.074, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.58.450 through 28A.58.515. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 3 of the state Constitution.

@bcPart VII

Miscellaneous

NEW SECTION. Sec. 701. SHORT TITLE. This act may be known and cited as the quality schools act.

NEW SECTION. Sec. 702. The sum of three hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the governor. This appropriation is provided solely for the citizens' committee on quality schools to:

(1) Review performance pay plans under section 205 of this act;

(2) Develop student achievement tests under section 302 of this act; and

(3) Develop examinations for candidates for teacher certification under section 401 of this act.

NEW SECTION. Sec. 703. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 704. EFFECTIVE DATE. Section 301 of this act shall take effect October 1, 1992.

NEW SECTION. Sec. 705. SUBHEADINGS AND CAPTIONS NOT LAW. Subheadings and section captions as used in this act do not constitute any part of the law.