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, 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.
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; 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
*Sec. 7 was vetoed. See message at end of chapter.
*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
*Sec. 8 was vetoed. See message at end of chapter.
*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
*Sec. 9 was vetoed. See message at end of chapter.
*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
*Sec. 10 was vetoed. See message at end of chapter.
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.
