Z-0510.6  _______________________________________________

                         SENATE BILL 5792

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senator McAuliffe; by request of Board of Education

Read first time 02/08/1999.  Referred to Committee on Education.

Adopting recommendations of the state board of education.

    AN ACT Relating to the recommendations of the state board of education based on its review of its statutory authority; amending RCW 28A.205.010, 28A.205.020, 28A.205.040, 28A.225.160, 28A.300.040, and 28A.305.130; creating a new section; and repealing RCW 28A.410.010.

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

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, as any or all of these subjects are identified under RCW 28A.150.210 and for which essential academic learning requirements have been established under RCW 28A.630.885(3)(a); 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 act as the administrator for rules adopted under RCW 28A.305.130 (1) through (5), (7), and (8), including the power to issue any certificates or permits and revoke the same in accordance with state board of education rules;

(8) 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))) (9) 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))) (10) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state((.));

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

    (((11))) (12) 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))) (13) 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))) (14) To administer oaths and affirmations in the discharge of the superintendent's official duties((.));

    (((14))) (15) 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))) (16) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025((.));

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

    Sec. 7.  RCW 28A.305.130 and 1997 c 13 s 5 are each amended to read as follows:

    In addition to any other powers and duties as provided by law, the state board of education shall:

    (1) Approve or disapprove the program of courses leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of higher education within the state which may be accredited and whose graduates may become entitled to receive such certification((.));

    (2) Conduct every five years a review of the program approval standards, including the minimum standards for teachers, administrators, and educational staff associates, to reflect research findings and assure continued improvement of preparation programs for teachers, administrators, and educational staff associates((.));

    (3) Investigate the character of the work required to be performed as a condition of entrance to and graduation from any institution of higher education in this state relative to such certification as provided for in subsection (1) ((above)) of this section, and prepare a list of accredited institutions of higher education of this and other states whose graduates may be awarded such certificates((.));

    (4)(a) The state board of education shall adopt rules to allow a teacher certification candidate to fulfill, in part, teacher preparation program requirements through work experience as a classified teacher's aide in a public school or private school meeting the requirements of RCW 28A.195.010.  The rules shall include, but are not limited to, limitations based upon the recency of the teacher preparation candidate's teacher aide work experience, and limitations based on the amount of work experience that may apply toward teacher preparation program requirements under this chapter((.));

    (b) The state board of education shall require that at the time of the individual's enrollment in a teacher preparation program, the supervising teacher and the building principal shall jointly provide to the teacher preparation program of the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of the teacher candidate.  The assessment shall contain such information as determined by the state board of education and shall include:  Evidence that at least fifty percent of the candidate's work as a classified teacher's aide was involved in instructional activities with children under the supervision of a certificated teacher and that the candidate worked a minimum of six hundred thirty hours for one school year; the type of work performed by the candidate; and a recommendation of whether the candidate's work experience as a classified teacher's aide should be substituted for teacher preparation program requirements.  In compliance with such rules as may be established by the state board of education under this section, the teacher preparation programs of the higher education institution where the candidate is enrolled shall make the final determination as to what teacher preparation program requirements may be fulfilled by teacher aide work experience((.));

    (5) Supervise the issuance of such certificates as provided for in subsection (1) ((above)) of this section and specify the types and kinds of certificates necessary for the several departments of the common schools by rule ((or regulation in accordance with RCW 28A.410.010.));

    (6) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve:  PROVIDED, That no private school may be approved that operates a kindergarten program only:  PROVIDED FURTHER, That no public or private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials:  PROVIDED FURTHER, That the state board may elect to require all or certain classifications of the public schools to conduct and participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the board((.));

    (7) Establish, publish, and enforce rules determining eligibility for and certification of personnel employed in the common schools of this state, including certification for emergency or temporary, substitute, or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law.  The rules shall require that the initial application for certification shall require a record check of the applicant through the Washington state patrol criminal identification system and through the federal bureau of investigation at the applicant's expense.  The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card.  The superintendent of public instruction may waive the record check for any applicant who has had a record check within the two years before application;

(8) In establishing rules pertaining to the qualifications of instructors of American sign language, consult with the national association of the deaf, "sign instructors guidance network" (s.i.g.n.), and the Washington state association of the deaf for evaluation and certification of sign language instructors;

(9) Make rules ((and regulations)) governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through twelve.  Before any such program or any new grades are established the district must obtain prior approval of the state board((.));

    (((8))) (10) Prepare such outline of study for the common schools as the board shall deem necessary, and prescribe such rules for the general government of the common schools, as shall seek to secure regularity of attendance, prevent truancy, secure efficiency, and promote the true interest of the common schools((.));

    (((9))) (11) Continuously reevaluate courses and adopt and enforce ((regulations)) rules within the common schools so as to meet the educational needs of students and articulate with the institutions of higher education and unify the work of the public school system((.));

    (((10))) (12) Carry out board powers and duties relating to the organization and reorganization of school districts under RCW 28A.315.010 through 28A.315.680 and 28A.315.900((.));

    (((11))) (13) By rule ((or regulation promulgated)) adopted upon the advice of the chief of the Washington state patrol, through the director of fire protection, provide for instruction of pupils in the public and private schools carrying out a K through 12 program, or any part thereof, so that in case of sudden emergency they shall be able to leave their particular school building in the shortest possible time or take such other steps as the particular emergency demands, and without confusion or panic; such rules ((and regulations)) shall be published and distributed to certificated personnel throughout the state whose duties shall include a familiarization therewith as well as the means of implementation thereof at their particular school((.)); and

    (((12))) (14) Hear and decide appeals as otherwise provided by law.

    The state board of education ((is given the authority to promulgate)) may adopt information and rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools.

NEW SECTION. Sec. 8.  RCW 28A.410.010 (Certification--State board duty--Rules and regulations--Record check--Superintendent of public instruction as administrator) and 1992 c 159 s 3 & 1992 c 60 s 2 are each repealed.

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