AN
ACT Relating to education; amending RCW 28A.405.100, 41.59.935, and
28A.630.945; adding new sections to chapter 28A.320 RCW; adding a new section
to chapter 28A.150 RCW; adding a new section to chapter 28A.155 RCW; adding a
new section to chapter 28A.165 RCW; adding a new section to chapter 28A.175
RCW; adding a new section to chapter 28A.180 RCW; adding a new section to
chapter 28A.185 RCW; adding a new section to chapter 28A.220 RCW; adding a new
section to chapter 28A.225 RCW; adding a new section to chapter 28A.230 RCW;
adding a new section to chapter 28A.235 RCW; adding a new section to chapter
28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding a new section
to chapter 28A.330 RCW; adding a new section to chapter 28A.400 RCW; adding a new
section to chapter 28A.405 RCW; adding a new section to chapter 28A.600 RCW;
adding a new section to chapter 28A.640 RCW; creating new sections; and
providing expiration dates.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. As we
face a more complex society and increasing demands are placed on schools and
the educational services they provide for children, it is important that school
districts are provided with flexibility to determine how best to work within
their communities to ensure students are meeting high academic standards. It
is the intent of the legislature to allow schools to approach their educational
mission with both increased flexibility and accountability that will assist them
in better meeting the needs of the students in their district.
NEW
SECTION. Sec. 2. A
new section is added to chapter 28A.320 RCW to read as follows:
(1)
As provided in sections 3 through 20 of this act, the board of directors of
each school district may grant waivers, or partial waivers, of state laws and
rules to schools within the district. The school board shall grant waivers in
accordance with this section.
(2)
To apply for waivers, a school principal must prepare an application to the
board of directors that identifies which laws and rules are being requested for
waiver and the rationale for the request. The rationale must identify how
granting the waivers will improve student learning or the delivery of education
services in the school. The application must include evidence that the
school's teachers, classified employees, site council, parents, and students,
as appropriate, are committed to working cooperatively in implementing the
waiver.
(3)
The school board shall provide for public review and comment regarding the
waiver request.
(4)
The duration, renewal, and rescission of the waivers shall be determined by the
school district board of directors. The renewal of a waiver shall be subject
to the review process by the superintendent of public instruction and the state
board of education as provided in subsection (7) of this section.
(5)
The following may not be waived:
(a)
Laws and rules pertaining to health, safety, and civil rights;
(b)
Provisions of the basic education act relating to certificated instructional
staff ratios, RCW 28A.150.100, except for waivers provided in accordance with
RCW 28A.630.945; goals, RCW 28A.150.210; funding allocations, formulas, and
definitions, RCW 28A.150.250 and 28A.150.260, except for waivers provided in
accordance with RCW 28A.150.250; and salary and compensation minimum amounts
and limitations, RCW 28A.400.200;
(c)
The essential academic learning requirements being developed by the commission
on student learning in RCW 28A.630.885;
(d)
The assessment, accountability, and reporting requirements in RCW 28A.230.190,
the fourth grade standardized test; RCW 28A.230.230, the eighth grade
standardized test; RCW 28A.230.240, the eleventh grade standardized test; RCW
28A.630.885, assessment requirements as developed by the commission on student
learning; and RCW 28A.320.205, the annual performance report;
(e)
Requirements in RCW 28A.150.220 pertaining to the total number of program hours
that must be offered, except for waivers provided in accordance with RCW
28A.305.140;
(f)
State and federal financial reporting and auditing requirements;
(g)
State constitutional requirements; and
(h)
Certification and other requirements in chapter 28A.410 RCW.
(6)
A school district may not include provisions in a collective bargaining
agreement that limit the district's authority to grant waivers under this
section.
(7)
School district boards of directors granting waivers to state laws and rules
shall certify to the superintendent of public instruction that they have a
waiver review process in effect and shall transmit to the superintendent of
public instruction and the state board of education a list of laws and rules
that have been waived in accordance with this section and a description of the
process used in considering the waivers. The superintendent of public
instruction and the state board of education shall review the waivers of state
laws and rules within their respective jurisdictions. The waivers shall be
approved by the superintendent of public instruction or the state board of
education, as appropriate, if the school district board of directors complied
with the requirements of this section. The superintendent of public
instruction or state board of education, as appropriate, shall approve or deny
the waiver request, in whole or in part, within forty calendar days of
receiving the list of waivers. If the district receives no response from
either the superintendent of public instruction or the state board of education
after forty days, the waiver shall be deemed uncontested. If a waiver is
contested by the superintendent of public instruction or the state board of
education, either as appropriate, may make recommendations to the district that
will assist the district in accomplishing the goal sought through the waiver.
The state board of education may delegate the responsibility for reviewing and
approving or denying the waivers to its staff if an appeal procedure to the
board is provided.
(8)
School district boards of directors granting waivers shall report annually to
the superintendent of public instruction the impact on student learning or
delivery of education services resulting from the waivers granted.
(9)
The superintendent of public instruction and state board of education shall
report to the legislature by November 1, 2000, the laws and rules that have
been waived in accordance with this section.
(10)
This section expires June 30, 1999.
NEW
SECTION. Sec. 3. A
new section is added to chapter 28A.150 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 4. A
new section is added to chapter 28A.155 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools, except that the statutory
requirements of RCW 28A.155.105 and RCW 28A.155.115 may not be waived. Waivers
also may be obtained, in accordance with section 2 of this act, from any rules
of the state board of education and superintendent of public instruction
adopted to implement the statutory requirements, except that any rules adopted
to implement RCW 28A.155.105 and RCW 28A.155.115 may not be waived. School
districts may not waive the district's obligation to meet all federal statutes
applicable to the education of individuals with disabilities.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 5. A
new section is added to chapter 28A.165 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 6. A
new section is added to chapter 28A.175 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 7. A
new section is added to chapter 28A.180 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 8. A
new section is added to chapter 28A.185 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 9. A
new section is added to chapter 28A.220 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 10. A
new section is added to chapter 28A.225 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 11. A
new section is added to chapter 28A.230 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 12. A
new section is added to chapter 28A.235 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 13. A
new section is added to chapter 28A.300 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 14. A
new section is added to chapter 28A.305 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 15. A
new section is added to chapter 28A.320 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements. No waivers may be obtained from section 2 of this act.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 16. A
new section is added to chapter 28A.330 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the statutory
requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 17. A
new section is added to chapter 28A.400 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 18. A
new section is added to chapter 28A.405 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 19. A
new section is added to chapter 28A.600 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
NEW
SECTION. Sec. 20. A
new section is added to chapter 28A.640 RCW to read as follows:
(1)
Schools may obtain, in accordance with section 2 of this act, waivers from the
statutory requirements in this chapter that pertain to the instructional
program, operation, and management of schools. Waivers also may be obtained,
in accordance with section 2 of this act, from any rules of the state board of
education and superintendent of public instruction adopted to implement the
statutory requirements.
(2)
This section expires June 30, 1999.
Sec.
21. RCW
28A.405.100 and 1994 c 115 s 1 are each amended to read as follows:
(1)
The superintendent of public instruction shall establish and may amend from
time to time minimum criteria for the evaluation of the professional
performance capabilities and development of certificated classroom teachers and
certificated support personnel. For classroom teachers the criteria shall be
developed in the following categories: Instructional skill; classroom
management, professional preparation and scholarship; effort toward improvement
when needed; the handling of student discipline and attendant problems; and
interest in teaching pupils and knowledge of subject matter.
Every
board of directors shall, in accordance with procedure provided in RCW
41.59.010 through 41.59.170, 41.59.910 and 41.59.920, establish evaluative
criteria and procedures for all certificated classroom teachers and
certificated support personnel. The evaluative criteria must contain as a
minimum the criteria established by the superintendent of public instruction
pursuant to this section and must be prepared within six months following
adoption of the superintendent of public instruction's minimum criteria. The
district must certify to the superintendent of public instruction that
evaluative criteria have been so prepared by the district.
Except
as provided in subsection (5) of this section, it shall be the responsibility
of a principal or his or her designee to evaluate all certificated personnel in
his or her school. During each school year all classroom teachers and
certificated support personnel, hereinafter referred to as
"employees" in this section, shall be observed for the purposes of
evaluation at least twice in the performance of their assigned duties. Total
observation time for each employee for each school year shall be not less than
sixty minutes. Following each observation, or series of observations, the
principal or other evaluator shall promptly document the results of the
observation in writing, and shall provide the employee with a copy thereof
within three days after such report is prepared. New employees shall be
observed at least once for a total observation time of thirty minutes during
the first ninety calendar days of their employment period.
((Every))
At any time after October 15th, an employee whose work is judged
unsatisfactory based on district evaluation criteria shall be notified in
writing of ((stated)) the specific areas of deficiencies along
with a ((suggested specific and)) reasonable program for improvement ((on
or before February 1st of each year)). During the period of probation,
the employee may not be transferred from the supervision of the original
evaluator. Improvement of performance or probable cause for nonrenewal must
occur and be documented by the original evaluator before any consideration of a
request for transfer or reassignment as contemplated by either the individual
or the school district. A probationary period of sixty school days
shall be established ((beginning on or before February 1st and ending no
later than May 1st)). The establishment of a probationary period does
not adversely affect the contract status of an employee within the meaning of
RCW 28A.405.300. The purpose of the probationary period is to give the
employee opportunity to demonstrate improvements in his or her areas of
deficiency. The establishment of the probationary period and the giving of the
notice to the employee of deficiency shall be by the school district
superintendent and need not be submitted to the board of directors for
approval. During the probationary period the evaluator shall meet with the
employee at least twice monthly to supervise and make a written evaluation of
the progress, if any, made by the employee. The evaluator may authorize one
additional certificated employee to evaluate the probationer and to aid the
employee in improving his or her areas of deficiency; such additional
certificated employee shall be immune from any civil liability that might
otherwise be incurred or imposed with regard to the good faith performance of
such evaluation. The probationer may be removed from probation if he or she
has demonstrated improvement to the satisfaction of the principal in those
areas specifically detailed in his or her initial notice of deficiency and
subsequently detailed in his or her improvement program. Lack of necessary
improvement ((shall be)) during the established probationary period,
as specifically documented in writing with notification to the probationer
and shall constitute grounds for a finding of probable cause under RCW
28A.405.300 or 28A.405.210.
((The
establishment of a probationary period shall not be deemed to adversely affect
the contract status of an employee within the meaning of RCW 28A.405.300.))
Immediately
following the completion of a probationary period that does not produce
performance changes detailed in the initial notice of deficiencies and
improvement program, the employee may be removed from his or her assignment and
placed into an alternative assignment for the remainder of the school year.
This reassignment may not displace another employee nor may it adversely affect
the probationary employee's compensation or benefits for the remainder of the
employee's contract year. If such reassignment is not possible, the district
may, at its option, place the employee on paid leave for the balance of the
contract term.
(2)
Every board of directors shall establish evaluative criteria and procedures for
all superintendents, principals, and other administrators. It shall be the
responsibility of the district superintendent or his or her designee to
evaluate all administrators. Such evaluation shall be based on the
administrative position job description. Such criteria, when applicable, shall
include at least the following categories: Knowledge of, experience in, and training
in recognizing good professional performance, capabilities and development;
school administration and management; school finance; professional preparation
and scholarship; effort toward improvement when needed; interest in pupils,
employees, patrons and subjects taught in school; leadership; and ability and
performance of evaluation of school personnel.
(3)
Each certificated employee shall have the opportunity for confidential
conferences with his or her immediate supervisor on no less than two occasions
in each school year. Such confidential conference shall have as its sole
purpose the aiding of the administrator in his or her assessment of the
employee's professional performance.
(4)
The failure of any evaluator to evaluate or supervise or cause the evaluation
or supervision of certificated employees or administrators in accordance with
this section, as now or hereafter amended, when it is his or her specific
assigned or delegated responsibility to do so, shall be sufficient cause for
the nonrenewal of any such evaluator's contract under RCW 28A.405.210, or the
discharge of such evaluator under RCW 28A.405.300.
(5)
After an employee has four years of satisfactory evaluations under subsection
(1) of this section, a school district may use a short form of evaluation, a
locally bargained evaluation emphasizing professional growth, an evaluation
under subsection (1) of this section, or any combination thereof. The short
form of evaluation shall include either a thirty minute observation during the school
year with a written summary or a final annual written evaluation based on the
criteria in subsection (1) of this section and based on at least two
observation periods during the school year totaling at least sixty minutes
without a written summary of such observations being prepared. However, the
evaluation process set forth in subsection (1) of this section shall be
followed at least once every three years unless this time is extended by a
local school district under the bargaining process set forth in chapter 41.59
RCW. The employee or evaluator may require that the evaluation process set
forth in subsection (1) of this section be conducted in any given school year.
No evaluation other than the evaluation authorized under subsection (1) of this
section may be used as a basis for determining that an employee's work is
unsatisfactory under subsection (1) of this section or as probable cause for
the nonrenewal of an employee's contract under RCW 28A.405.210 unless an
evaluation process developed under chapter 41.59 RCW determines otherwise.
(6)
This section expires June 30, 1999.
Sec.
22. RCW
41.59.935 and 1990 c 33 s 571 are each amended to read as follows:
(1)
Nothing in this chapter shall be construed to grant employers or employees the
right to reach agreements regarding:
(a)
Salary or compensation increases in excess of those authorized in
accordance with RCW 28A.150.410 and 28A.400.200; or
(b)
Limiting the employer's authority to grant waivers under section 2 of this act.
(2)
This section expires June 30, 1999.
Sec.
23. RCW
28A.630.945 and 1995 c 208 s 1 are each amended to read as follows:
(1)
The state board of education, where appropriate, or the superintendent of
public instruction, where appropriate, may grant waivers to districts from the
provisions of statutes or rules relating to: The length of the school year;
student-to-teacher ratios; and other administrative rules that in the opinion
of the state board of education or the opinion of the superintendent of public
instruction may need to be waived in order for a district to implement a plan
for restructuring its educational program or the educational program of
individual schools within the district.
(2)
School districts may use the application process in RCW 28A.305.140 or
28A.300.138 to apply for the waivers under subsection (1) of this section.
(3)
((The joint select committee on education restructuring shall study which
waivers of state laws or rules are necessary for school districts to implement
education restructuring. The committee shall study whether the waivers are
used to implement specific essential academic learning requirements and student
learning goals. The committee shall study the availability of waivers under
the schools for the twenty-first century program created by chapter 525, Laws
of 1987, and the use of those waivers by schools participating in that
program. The committee shall also study the use of waivers authorized under
RCW 28A.305.140. The committee shall report its findings to the legislature by
December 1, 1997)) This section expires June 30, 1999.
NEW SECTION. Sec. 24. The
superintendent of public instruction, in collaboration with school district
personnel and the state board of education, shall conduct a study to identify
additional actions that can be taken to increase flexibility for individual
schools and school districts. The study shall review the superintendent of
public instruction's rule-making process, the granting of waivers from
provisions of collective bargaining agreements, and other policies and
practices that reduce school and school district flexibility. The study shall
be submitted to the education committees of the senate and house of
representatives by December 1, 1997.
