1770-S AAS 4/15/99 S2586.1

 

 

 

SHB 1770 - S COMM AMD

By Committee on Education

 

                                                   ADOPTED 4/15/99

 

    Strike everything after the enacting clause and insert the following:

 

    "NEW SECTION.  Sec. 1.  During 1997 and 1998, a committee of the state board of education reviewed all board rules and related authorizing statutes.  Based on the findings and recommendations resulting from the review, the state board prepared a report to the legislature requesting action be taken.  It is the intent of this act to implement recommendations of the state board of education.

 

    Sec. 2.  RCW 28A.205.010 and 1993 c 211 s 1 are each amended to read as follows:

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

    "Education center" 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)) adopted for the purposes of this chapter and providing, for certification purposes, that a year's teaching experience in an education center 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.305.130.

    (3) The state board of education shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) ((above)) of this section 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 center fails to provide adequate instruction in basic academic skills.  No education center certified by the state board of education pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050.

 

    Sec. 3.  RCW 28A.205.020 and 1997 c 265 s 7 are each amended to read as follows:

    Only eligible common school dropouts shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040.  A person is not an eligible common school dropout if:  (1) The person has completed high school, (2) the person has not reached his or her twelfth birthday or has passed his or her twentieth birthday, (3) the person shows proficiency beyond the high school level in a test approved by the ((superintendent of public instruction)) state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has passed after the person has dropped out of any common school and the education center has not received written verification from a school official of the common school last attended in this state that the person is no longer in attendance at the school.  A person is an eligible common school dropout even if one month has not passed since the person dropped out if the board of directors or its designee, of that common school, requests the center to admit the person because the person has dropped out or because the person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion.  The fact that any person may be subject to RCW 28A.225.010 through ((28A.225.150)) 28A.225.140, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter.

 

    Sec. 4.  RCW 28A.205.040 and 1990 c 33 s 183 are each amended to read as follows:

    (1)(a) From funds appropriated for that purpose, the superintendent of public instruction shall pay fees to a certified ((clinic)) center on a monthly basis for each student enrolled in compliance with RCW 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)).  The superintendent shall set fees by rule.

    (b) Revisions in such fees proposed by an education ((clinic)) center 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)) center 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))) (c) Reimbursements shall not be made for students who are absent.

    (((c))) (d) No ((clinic)) center shall make any charge to any student, or 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)) centers that 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)) centers 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)) center, 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)) centers of the date after which further funds for reimbursement of the ((clinics')) centers' services will be exhausted.

 

    Sec. 5.  RCW 28A.225.160 and 1986 c 166 s 1 are each amended to read as follows:

    Except as otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons who are five years of age and less than twenty-one years residing in that school district.  Except as otherwise provided by law or rules adopted by the state board of education, ((the state board of education is hereby authorized to adopt rules in accordance with chapter 34.05 RCW which)) districts may establish uniform entry qualifications, including but not limited to birth date requirements, for admission to kindergarten and first grade programs of the common schools.  Such rules may provide for exceptions based upon the ability, or the need, or both, of an individual student.  For the purpose of complying with any rule adopted by the state board of education which authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees ((not to exceed seventy-five dollars per preadmission student)) to cover expenses incurred in the administration of ((such a)) any preadmission screening process:  PROVIDED, That in so establishing such fee or fees, the district shall adopt regulations for waiving and reducing such fees in the cases of those persons whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees.

 

    Sec. 6.  RCW 28A.300.040 and 1992 c 198 s 6 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.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 file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately.  Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to((.));

    (8) 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 as required by the superintendent of public instruction; and it is 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((.));

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

    (10) To issue certificates as provided by law((.));

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

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

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

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

    (15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025((.));

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

 

    NEW SECTION.  Sec. 7.  The following sections are each recodified as a new chapter in Title 28A RCW:

    RCW 28A.315.350

    RCW 28A.315.380

    RCW 28A.315.390

    RCW 28A.315.400

    RCW 28A.315.410

    RCW 28A.315.420

    RCW 28A.315.430

    RCW 28A.315.440

 

    NEW SECTION.  Sec. 8.  The following sections are each recodified as a new chapter in Title 28A RCW:

    RCW 28A.315.450

    RCW 28A.315.650

    RCW 28A.315.470

    RCW 28A.315.480

    RCW 28A.315.490

    RCW 28A.315.500

    RCW 28A.315.530

    RCW 28A.315.510

    RCW 28A.315.540

 

    NEW SECTION.  Sec. 9.  The following sections are each recodified as a new chapter in Title 28A RCW:

    RCW 28A.315.570

    RCW 28A.315.460

    RCW 28A.315.600

    RCW 28A.315.610

    RCW 28A.315.620

    RCW 28A.315.630

    RCW 28A.315.670

    RCW 28A.315.680

    RCW 28A.315.550

 

    NEW SECTION.  Sec. 10.  The following sections are each recodified as a new chapter in Title 28A RCW:

    RCW 28A.315.560

    RCW 28A.315.580

    RCW 28A.315.590

    RCW 28A.315.593

    RCW 28A.315.660

    RCW 28A.315.597

    RCW 28A.315.640

 

    NEW SECTION.  Sec. 11.  The following acts or parts of acts are each repealed:

    (1) RCW 28A.04.172 (Post-baccalaureate professional teacher preparation program‑-Masters degree‑-Implementation‑-Standards) and 1987 c 525 s 214; and

    (2) RCW 28A.410.013 (Teacher assessment for certification--Study--Report to the legislature) and 1995 c 222 s 1."

 

 

 

SHB 1770 - S COMM AMD

By Committee on Education

 

                                                   ADOPTED 4/15/99

 

    On page 1, line 2 of the title, after "authority;" strike the remainder of the title and insert "amending RCW 28A.205.010, 28A.205.020, 28A.205.040, 28A.225.160,  and 28A.300.040; adding new chapters to Title 28A RCW; creating a new section; recodifying RCW 28A.315.350, 28A.315.380, 28A.315.390, 28A.315.400, 28A.315.410, 28A.315.420, 28A.315.430, 28A.315.440, 28A.315.450, 28A.315.650, 28A.315.470, 28A.315.480, 28A.315.490, 28A.315.500, 28A.315.530, 28A.315.510, 28A.315.540, 28A.315.570, 28A.315.460, 28A.315.600, 28A.315.610, 28A.315.620, 28A.315.630, 28A.315.670, 28A.315.680, 28A.315.550, 28A.315.560, 28A.315.580, 28A.315.590, 28A.315.593, 28A.315.660, 28A.315.597, and 28A.315.640; and repealing RCW 28A.04.172 and 28A.410.013."

 


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