5625-S2.E AMH .... H2604.1

5625-S2.E AMH .... H2604.1

E2SSB 5625 - H AMD WITHDRAWN 4/20/01

By Representative

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 28A.655.030 and 1999 c 388 s 102 are each amended to read as follows:

The powers and duties of the academic achievement and accountability commission shall include, but are not limited to the following:

(1) For purposes of statewide accountability, the commission shall:

(a) Adopt and revise:

(i) Performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the commission deems appropriate to improve student learning, once assessments in these subjects are required statewide. The goals shall be in addition to any goals adopted in RCW 28A.655.050. The commission may also revise any goal adopted in RCW 28A.655.050;

(ii) Goals for dropout rates and reduction of dropout rates for middle schools, junior high schools, and high schools, if the superintendent of public instruction develops common definitions and a student tracking system; and

(iii) Goals designed to accelerate the achievement of students who are disproportionately underachieving academically. The commission shall adopt the goals by rule. However, before each goal is implemented, the commission shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;

(b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and determine student scores that identify levels of student performance below and beyond the standard. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;

(c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:

(i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature under RCW 28A.655.050 and the commission under (a) of this subsection;

(ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and

(iii) Improvements despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard, or the improvement index.

When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;

(d) Adopt objective, systematic criteria to identify schools and school districts in need of state assistance ((~~and those in which~~)) due to significant numbers of students persistently ((~~fail~~)) failing to meet state standards. In its deliberations, the commission shall consider the use of performance improvement goals and all statewide mandated criterion-referenced and norm-referenced standardized tests;

(e) Identify, based on the commission's criteria and the level of available appropriations, schools and school districts in which state ((~~intervention measures~~)) assistance will be ((needed and a range of appropriate intervention strategies, beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies, at the request of the commission, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the commission or the superintendent of public instruction to intervene in a school or school district)) available;

(f) Adopt student performance and improvement thresholds for use in evaluating school and district progress under state assistance and superintendent of public instruction intervention:

(i) For schools identified during the 2001-02 or 2002-03 school years, for the first three years in state assistance or superintendent of public instruction intervention, the threshold shall be based on the school's progress toward reading improvement goals adopted under (a)(i) of this subsection and a minimum percentile score, as adopted by the commission, on statewide mandated norm-referenced standardized tests;

(ii) For schools identified during the 2003-04 school year or in subsequent years, the threshold shall be based on the school's progress toward all performance improvement goals adopted under (a)(i) of this subsection and a minimum percentile score, as adopted by the commission, on statewide mandated norm-referenced standardized tests;

(g) Identify performance incentive systems that have improved or have the potential to improve student achievement;

((~~(g)~~)) (h) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and ((~~a recommendation~~)) recommend to the superintendent of public instruction ((of)) any improvements needed to the system;

((~~(h)~~)) (i) Annually report by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission. The report may include recommendations of actions to help improve student achievement;

((~~(i)~~)) (j) By December 1, 2000, and by December 1st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the reading goal under RCW 28A.655.050 and any additional goals adopted by the commission;

((~~(j)~~)) (k) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;

((~~(k)~~)) (l) Seek advice from the public and all interested educational organizations in the conduct of its work; ((~~and~~

~~(l)~~)) (m) Establish advisory committees, which may include persons who are not members of the commission; and

(n) Develop and analyze any data or information necessary to perform its accountability responsibilities;

(2) Holding meetings and public hearings, which may include regional meetings and hearings;

(3) Hiring necessary staff and determining the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter. The office of the superintendent of public instruction shall be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations; and

(4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.

NEW SECTION. Sec. 2. SUPERINTENDENT OF PUBLIC INSTRUCTION DUTIES. (1) The superintendent of public instruction may delegate the superintendent's duties under this chapter to a proxy, with the exception of the superintendent's membership on the academic achievement and accountability commission.

(2) The superintendent of public instruction shall:

(a) Provide state assistance to schools and school districts under section 3 of this act and exercise governance responsibilities for schools in superintendent of public instruction intervention under section 4 of this act;

(b) Provide the academic achievement and accountability commission, in a timely manner, with available data, including raw student data, and other information the commission deems appropriate to fulfill its responsibility to provide oversight and monitoring of the state's educational accountability system; and

(c) Make available to schools information on models of excellence in instruction, management, capacity building, parent involvement, and other research-based strategies to improve student achievement.

NEW SECTION. Sec. 3. PROCESS FOR STATE ASSISTANCE. (1) The process for state assistance shall include the following components:

(a) In September of each year, based on academic achievement and accountability commission-adopted criteria and available appropriations, the commission shall identify schools and school districts for state assistance.

(b) The superintendent of public instruction shall notify each school district of the assistance eligibility of one or more schools within the district.

(i) Notify school staff, parents, and the community of the state assistance process;

(ii) Conduct an educational audit of each identified school using experts convened by the superintendent of public instruction. The audit shall include the resources available to the school, the use of those resources, and suggestions for using funds more effectively; the relationship of the school to its local district, parents, and community; the curriculum and instructional materials available and the extent to which those materials are aligned with the state's essential academic learning requirements; the roles and contributions of the school's employees; the level of experience and subject matter expertise of the school's certificated employees; the needs and characteristics of the school's students; school district management practices; and other indicators;

(iii) Hold a public hearing to inform parents, school employees, and the local community of the audit's findings and recommendations and solicit input on ways to address the issues the audit identified; and

(iv) Identify some immediate steps the school and district can take to begin addressing issues raised in the audit.

(d) Based on the results of the audit and community response, the district, with advice from the school's parents and staff, shall develop a comprehensive school improvement plan.

(i) The plan shall include, but need not be limited to three-year student performance improvement goals established by the commission; measurable benchmarks; strategies to address the issues raised in the audit; and a timeline to reach student goals incrementally.

(ii) The plan may include the use of incentives, including school‑based supplemental contracts, to recruit and retain employees; the use of severance pay; the revision of school district personnel assignments; and the restructuring of the management, budget, organization, calendar, and instructional or programmatic approaches used in the school.

(e) The superintendent of public instruction and the school district shall negotiate and adopt, and revise as necessary, a performance agreement to implement the school improvement plan. The agreement shall be adopted no later than one month before the start of the school year following notification of state assistance eligibility.

(f) If the superintendent of public instruction determines that the school district has not completed the state assistance process in a timely fashion or has failed to conduct the process in good faith, the superintendent of public instruction shall impose superintendent of public instruction intervention on the school or district.

(2) After a performance agreement has been in effect for one complete school year, academic achievement and accountability commission-adopted student performance and improvement thresholds in each state-assisted school shall be analyzed annually. The results of the analysis shall be included in the school's annual school performance report under RCW 28A.655.110.

(3) The parent or guardian of a student enrolled in a school identified for state assistance, at the beginning of the school year following identification, may enroll the student in a different school either in the district or in a different district under RCW 28A.225.220 and 28A.225.270. In a class I school district, the parent or guardian of a student enrolled in a school identified for state assistance, at the beginning of the school year following identification, may enroll the student in a different school in the district as provided under section 6 of this act.

(4) If a school successfully meets academic achievement and accountability commission-adopted student performance and improvement thresholds in any two years, the school shall be released from the list of schools identified for state assistance. However, for the duration of the performance agreement, the superintendent of public instruction may continue to provide any type of assistance included in the agreement.

(5) If a state-assisted school does not meet academic achievement and accountability commission-adopted student performance and improvement thresholds in any year, the superintendent of public instruction may impose superintendent of public instruction intervention on the school and district.

(6) If a state-assisted school does not meet academic achievement and accountability commission-adopted student performance and improvement thresholds by the end of three complete school years in state assistance, the superintendent of public instruction shall impose superintendent of public instruction intervention on the school and district.

(7) With the exception of agreements for schools that are subject to subsection (6) of this section, performance agreements may be extended with the approval of the commission.

NEW SECTION. Sec. 4. PROCESS FOR SUPERINTENDENT OF PUBLIC INSTRUCTION INTERVENTION. (1) A school or district identified for the imposition of superintendent of public instruction intervention under section 3 (5) or (6) of this act shall, for certain governance purposes, be removed from local control and placed under the jurisdiction of the superintendent of public instruction.

(2) The superintendent of public instruction shall adopt, and revise as necessary, an intervention plan for each school in superintendent of public instruction intervention. The plan, which shall include a description of the strategies that the superintendent intends to use in the school and district, shall be shared with the school community.

(3) After a school or district has been in superintendent of public instruction intervention for one complete school year, academic achievement and accountability commission-adopted student performance and improvement thresholds for each identified school shall be analyzed annually.

(4) If a school in superintendent of public instruction intervention successfully meets academic achievement and accountability commission-adopted student performance and improvement thresholds in two consecutive years, the school shall be released from superintendent of public instruction intervention.

(5) The range of intervention strategies available to the superintendent of public instruction shall include, but need not be limited to:

(a) The use of incentives, including school-based supplemental contracts, to recruit and retain employees and the use of severance pay, to the extent that funds are available for these purposes;

(b) The revision of school district personnel assignments;

(c) The restructuring of the management, budget, organization, calendar, and instructional or programmatic approaches used in the school;

(d) The reduction, redirection, deferral, or withholding of nonbasic education state funds from the school district until the superintendent of public instruction determines such strategies are no longer an appropriate state intervention strategy;

(e) The redirection from school district to the school of any or all state, federal, and local funds generated by or available for the students in the school;

(f) The removal of a school from the district jurisdiction or the appointment of a proxy of the superintendent of public instruction to assume jurisdiction of the school;

(g) The adoption of either an intensive peer review or collaborative principal-peer review process for certificated employees;

(h) The voluntary and involuntary transfer of employees from the school pursuant to a written notice of transfer given to the employee: (i) During the three-month period immediately following the adoption of an intervention plan; or (ii) during the period from April 1st to May 1st of the year following the adoption of an intervention plan. A transfer under this subsection (5)(h) to a position for which the annual compensation is the same as the annual compensation for the position from which the employee transferred shall not be construed as a discharge or other adverse effect in contract status for purposes of this title;

(i) The request for and use of waivers from any law, rule, or district policy that conflicts with the implementation of the superintendent's intervention plan;

(j) The authority to bargain, on behalf of the school district, the effect on school-specific issues of a component of the intervention plan if that component requires renegotiation of a collective bargaining agreement;

(k) Closing and redesigning the school; and

(l) Any other action authorized by law that the superintendent of public instruction deems necessary to improve student learning.

(6) The parent or guardian of a student enrolled in a school identified for superintendent of public instruction intervention, at the beginning of the school year following identification, may enroll the student in a different school either in the district or in a different district under the provisions of RCW 28A.225.220 and 28A.225.270. In a class I school district, the parent or guardian of a student enrolled in a school identified for superintendent of public instruction intervention, at the beginning of the school year following identification, may enroll the student in a different school in the district as provided under section 6 of this act.

(7) The school directors of a district with a school in superintendent of public instruction intervention shall, at the request of the superintendent of public instruction and pursuant to an intervention plan:

(a) Find positions for employees who are transferred out of the school or take other appropriate personnel actions;

(b) Provide payroll, student transportation, and all other support services for the school, with transportation provided based on a requested schedule;

(d) Provide the superintendent of public instruction with any assistance necessary to implement the intervention plan.

NEW SECTION. Sec. 5. REPORT ON ACCOUNTABILITY POLICIES. By November 30, 2002, the academic achievement and accountability commission shall analyze and report to the governor and the legislative education committees on (1) intervention strategies used by other states and nations, including the success of those strategies in improving student achievement, and (2) a uniform public school transfer policy for students enrolled in schools in state assistance or superintendent of public instruction intervention, including a proposal for fully funding transportation alternatives for transferring students.

NEW SECTION. Sec. 6. A new section as added to chapter 28A.320 RCW to read as follows:

STUDENT AND PARENT TRANSFER OPTIONS. Each class I school district shall adopt a policy allowing the automatic intradistrict release and acceptance of students from schools that are in state assistance or superintendent of public instruction intervention under chapter 28A.655 RCW.

NEW SECTION. Sec. 7. A new section is added to chapter 28A.300 RCW to read as follows:

RECOGNITION FOR REACHING FOURTH GRADE READING GOALS. The superintendent of public instruction shall recognize and honor each school that has met or exceeded the state minimum fourth grade reading goal for the school, as defined in RCW 28A.655.050, on the 2001 Washington assessment of student learning.

NEW SECTION. Sec. 8. A new section is added to chapter 41.56 RCW to read as follows:

COLLECTIVE BARGAINING. A component of an intervention plan under chapter 28A.655 RCW shall be considered an educational policy decision. However, if such a component requires renegotiation of a collective bargaining agreement, the employer, or the proxy designated to act on behalf of the employer when the superintendent of public instruction has elected to exercise the bargaining authority provided in section 4 of this act, and the exclusive bargaining representative that is a party to the agreement shall, subject to procedures in this chapter, enter into bargaining on the effect of the component on school-specific issues for inclusion in an addendum to the collective bargaining agreement. If an agreement is not reached after a reasonable period of negotiations, either party may request the commission to provide mediation services.

NEW SECTION. Sec. 9. A new section is added to chapter 41.59 RCW to read as follows:

Sec. 10. RCW 41.56.905 and 1983 c 287 s 5 are each amended to read as follows:

The provisions of this chapter are intended to be additional to other remedies and shall be liberally construed to accomplish their purpose. Except as provided in RCW 53.18.015, if any provision of this chapter conflicts with any other statute, ordinance, rule or regulation of any public employer, the provisions of this chapter shall control. However, if a conflict exists between this chapter and chapter . . ., Laws of 2001 (this act), chapter . . ., Laws of 2001 (this act) supersedes this chapter.

Sec. 11. RCW 41.59.910 and 1975 1st ex.s. c 288 s 19 are each amended to read as follows:

This chapter shall supersede existing statutes not expressly repealed to the extent that there is a conflict between a provision of this chapter and those other statutes. However, if a conflict exists between this chapter and chapter . . ., Laws of 2001 (this act) chapter . . ., Laws of 2001 (this act) supersedes this chapter. Except as otherwise expressly provided herein, nothing in this chapter shall be construed to annul, modify or preclude the renewal or continuation of any lawful agreement entered into prior to January 1, 1976 between an employer and an employee organization covering wages, hours, and terms and conditions of employment. Where there is a conflict between any collective bargaining agreement and any resolution, rule, policy or regulation of the employer or its agents, the terms of the collective bargaining agreement shall prevail.

Sec. 12. RCW 28A.505.120 and 1975‑'76 2nd ex.s. c 118 s 12 are each amended to read as follows:

(1) If a local school district fails to comply with any binding restrictions issued by the superintendent of public instruction, the allocation of state funds for support of the local school district may be withheld, pending an investigation of the reason for such noncompliance by the office of the superintendent of public instruction. Written notice of the intent to withhold state funds, with reasons stated for this action, shall be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld.

(2) Under an intervention plan authorized under section 4 of this act, the superintendent may withhold the allocation of all or a portion of nonbasic education state funds from the local school district until the superintendent determines that withholding the funds is no longer an appropriate state intervention strategy.

Sec. 13. RCW 28A.400.010 and 1990 c 33 s 376 are each amended to read as follows:

Except as provided by a superintendent of public instruction intervention action taken under section 4 of this act, in all districts:

(1) The board of directors shall elect a superintendent who shall have such qualification as the local school board alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law((.));

(2) Notwithstanding the provisions of RCW 28A.400.300(1), the board may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the district. The right to renew a contract of employment with any school superintendent shall rest solely with the discretion of the school board employing such school superintendent. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable.

Sec. 14. RCW 28A.400.030 and 1991 c 116 s 14 are each amended to read as follows:

In addition to such other duties as a district school board shall prescribe, unless other duties are prescribed by a superintendent of public instruction intervention action taken under section 4 of this act, the school district superintendent shall:

(1) Attend all meetings of the board of directors and cause to have made a record as to the proceedings thereof.

(2) Keep such records and reports and in such form as the district board of directors require or as otherwise required by law or rule or regulation of higher administrative agencies and turn the same over to his or her successor.

(3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his or her record book of board proceedings for public inspection, and shall make a statement of the financial condition of the district and such record book must always be open for public inspection.

(4) Give such notice of all annual or special elections as otherwise required by law; also give notice of the regular and special meetings of the board of directors.

(5) Sign all orders for warrants ordered to be issued by the board of directors.

(6) Carry out all orders of the board of directors made at any regular or special meeting.

Sec. 15. RCW 28A.400.100 and 1977 ex.s. c 272 s 1 are each amended to read as follows:

School districts may employ public school principals and/or vice principals to supervise the operation and management of the school to which they are assigned. Such persons shall hold valid teacher and administrative certificates. In addition to such other duties as shall be prescribed by law and by the job description adopted by the board of directors, unless other duties are prescribed by a superintendent of public instruction intervention action taken under section 4 of this act, each principal shall:

(1) Assume administrative authority, responsibility and instructional leadership, under the supervision of the school district superintendent, and in accordance with the policies of the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible.

(2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible.

(3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve the instructional program of the attendance area for which he or she is responsible.

(4) Assume administrative authority and responsibility for the supervision, counseling and discipline of pupils in the attendance area for which he or she is responsible.

Sec. 16. RCW 28A.400.300 and 1997 c 13 s 10 are each amended to read as follows:

Every board of directors, unless otherwise specially provided by law or by a superintendent of public instruction intervention action taken under section 4 of this act, shall:

(1) Employ for not more than one year, and for sufficient cause discharge, all certificated and classified employees;

(2) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe: PROVIDED, That the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:

(a) For such persons under contract with the school district for a full year, at least ten days;

(b) For such persons under contract with the school district as part time employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days;

(c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;

(d) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;

(e) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of one hundred eighty days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to twelve days per year may be used for the purpose of payments for unused sick leave.

(f) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;

(g) Any leave for injury or illness accumulated up to a maximum of forty-five days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490;

(h) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction and offices of educational service district superintendents and boards, to and from such districts and such offices;

(i) Leave accumulated by a person in a district prior to leaving said district may, under rules and regulations of the board, be granted to such person when the person returns to the employment of the district.

When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position: PROVIDED, That classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service.

Sec. 17. RCW 28A.405.210 and 1996 c 201 s 1 are each amended to read as follows:

(1)(a) Except as provided by a superintendent of public instruction intervention action taken under section 4 of this act, no teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee", shall be employed:

(i) Except by written order of a majority of the directors of the district at a regular or special meeting thereof((~~, nor~~)); and

(ii) Unless he or she is the holder of an effective teacher's certificate or other certificate required by law or the state board of education for the position for which the employee is employed.

(b) No employee may be employed at a school in superintendent of public instruction intervention unless his or her employment with the school district is consistent with determinations made by the superintendent of public instruction under section 4 of this act.

(c) The board shall make with each employee employed by it a written contract, which shall be in conformity with the laws of this state, and except as otherwise provided by law or by a superintendent of public instruction intervention action taken under section 4 of this act, limited to a term of not more than one year. Every such contract shall be made in duplicate, one copy to be retained by the school district superintendent or secretary and one copy to be delivered to the employee. No contract shall be offered by any board for the employment of any employee who has previously signed an employment contract for that same term in another school district of the state of Washington unless such employee shall have been released from his or her obligations under such previous contract by the board of directors of the school district to which he or she was obligated.

(d) Any contract signed in violation of this ((~~provision shall be~~)) subsection (1) is void.

(2) In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall specify the cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent, or with respect to employment at a school in superintendent of public instruction intervention, as provided by the superintendent of public instruction intervention action taken under section 4 of this act. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, except those employees subject to subsection (3) of this section, at his or her request made in writing and filed with the president, chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for by RCW 28A.405.310(4) shall occur within ten days following July 15 rather than the day that the employee submits the request for a hearing. If any such notification or opportunity for hearing is not timely given, the employee entitled thereto shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her employment had actually been renewed by the board of directors for such ensuing term.

(3) An employee at a school in superintendent of public instruction intervention who is notified under this section, at his or her request made in writing and filed with the district superintendent within ten days after receiving the notice, shall be given the opportunity to meet informally with the district superintendent for the purpose of requesting the district superintendent to recommend that the nonrenewal decision be reconsidered. Such meeting shall be held no later than ten days following the receipt of such request, and the employee shall be given at least three days' written notice of the date, time, and place of the meeting. At such meeting the employee shall be given the opportunity to refute any facts upon which the determination was based and to make any argument in support of his or her request for reconsideration. Within ten days following the meeting with the employee, the district superintendent shall submit a written recommendation to the superintendent of public instruction stating the reasons for the recommendation. A copy of the recommendation shall be delivered to the employee. In taking action on the recommendation of the district superintendent, the superintendent of public instruction shall consider any evaluations conducted under RCW 28A.405.100 and may consider any written communication that the employee may file with the secretary of the board before meeting with the district superintendent. The board shall notify the employee in writing of the final decision within ten days after receiving the final decision of the superintendent of public instruction. The decision to nonrenew an employee's contract pursuant to a superintendent of public instruction intervention action taken under section 4 of this act is final and not subject to appeal.

(4) This section shall not be applicable to "provisional employees" as so designated in RCW 28A.405.220; transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 shall not be construed as a nonrenewal of contract for the purposes of this section.

Sec. 18. RCW 28A.405.220 and 1996 c 201 s 2 are each amended to read as follows:

(1) Notwithstanding the provisions of RCW 28A.405.210, every person employed by a school district in a teaching or other nonsupervisory certificated position shall be subject to nonrenewal of employment contract as provided in this section during the first two years of employment by such district, unless the employee has previously completed at least two years of certificated employment in another school district in the state of Washington, in which case the employee shall be subject to nonrenewal of employment contract pursuant to this section during the first year of employment with the new district. Employees as defined in this section shall hereinafter be referred to as "provisional employees".

(2)(a) In the event the superintendent of the school district, or the superintendent of public instruction under a superintendent of public instruction intervention action taken under section 4 of this act, determines that the employment contract of any provisional employee should not be renewed by the district for the next ensuing term such provisional employee shall be notified thereof by the superintendent of the school district in writing on or before May 15th preceding the commencement of such school term, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st, which notification shall state the reason or reasons for such determination. Such notice shall be served upon the provisional employee personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein. ((~~The~~)) A determination ((of)) by the superintendent of the school district shall be subject to the evaluation requirements of RCW 28A.405.100. A determination by the superintendent of public instruction shall be made pursuant to a superintendent of public instruction action taken under section 4 of this act.

(b) Every such provisional employee so notified, at his or her request made in writing and filed with the superintendent of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the superintendent for the purpose of requesting the superintendent to reconsider his or her decision or, if the determination was made pursuant to a superintendent of public instruction intervention action taken under section 4 of this act, to consider recommending to the superintendent of public instruction reinstatement of the provisional employee. Such meeting shall be held no later than ten days following the receipt of such request, and the provisional employee shall be given written notice of the date, time and place of meeting at least three days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon which the ((~~superintendent's~~)) determination was based and to make any argument in support of his or her request for reconsideration.

(c)(i) Except as provided in (c)(ii) of this subsection, within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the provisional employee or shall submit to the school district board of directors for consideration at its next regular meeting a written report recommending that the employment contract of the provisional employee be nonrenewed and stating the reason or reasons therefor. A copy of such report shall be delivered to the provisional employee at least three days prior to the scheduled meeting of the board of directors. In taking action upon the recommendation of the superintendent, the board of directors shall consider any written communication which the provisional employee may file with the secretary of the board at any time prior to that meeting.

(ii) If the provisional employee is employed at a school in superintendent of public instruction intervention, within ten days following the meeting with the employee, the superintendent shall submit a written recommendation to the superintendent of public instruction stating the reasons for the recommendation. A copy of the recommendation shall be delivered to the employee.

(d) The board of directors shall notify the provisional employee in writing of ((~~its~~)) the final decision within ten days following the meeting at which the superintendent's recommendation was considered or within ten days after receiving the final decision of the superintendent of public instruction, as applicable. The decision ((~~of the board of directors~~)) to nonrenew the contract of a provisional employee under this section shall be final and not subject to appeal.

(3) This section applies to any person employed by a school district in a teaching or other nonsupervisory certificated position after June 25, 1976. This section provides the exclusive means for nonrenewing the employment contract of a provisional employee and no other provision of law shall be applicable thereto, including, without limitation, RCW 28A.405.210 and chapter 28A.645 RCW.

Sec. 19. RCW 28A.405.230 and 1996 c 201 s 3 are each amended to read as follows:

(1) Any certificated employee of a school district employed as an assistant superintendent, director, principal, assistant principal, coordinator, or in any other supervisory or administrative position, hereinafter in this section referred to as "administrator", shall be subject to transfer, at the expiration of the term of his or her employment contract or at any time pursuant to a superintendent of public instruction intervention action taken under section 4 of this act, if the contract took effect after September 1, 2001, to any subordinate certificated position within the school district. "Subordinate certificated position" as used in this section, shall mean any administrative or nonadministrative certificated position for which the annual compensation is less than the position currently held by the administrator.

(2)(a) Every school district superintendent determining that the best interests of the school district would be served by transferring any administrator to a subordinate certificated position shall notify that administrator in writing on or before May 15th preceding the commencement of such school term of that determination, or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 1st((~~, which~~)). Notice given pursuant to a superintendent of public instruction intervention action taken under section 4 of this act may be given at any time. Notification given under this subsection shall state the reason or reasons for the transfer, and shall identify the subordinate certificated position to which the administrator will be transferred. Such notice shall be served upon the administrator personally, or by certified or registered mail, or by leaving a copy of the notice at the place of his or her usual abode with some person of suitable age and discretion then resident therein.

(b) Every such administrator so notified, at his or her request made in writing and filed with the president or chair, or secretary of the board of directors of the district within ten days after receiving such notice, shall be given the opportunity to meet informally with the board of directors in an executive session thereof or with the superintendent of public instruction, if notice is given pursuant to a superintendent of public instruction intervention action taken under section 4 of this act, for the purpose of requesting ((~~the board to reconsider~~)) reconsideration of the decision ((~~of the superintendent. Such board,~~)). Upon receipt of such request, the board of directors shall schedule the meeting for no later than the next regularly scheduled meeting of the board((~~, and shall notify the administrator~~)) or, if applicable, the superintendent of public instruction shall schedule a meeting as soon as practicable and the administrator shall be notified in writing of the date, time, and place of the meeting at least three days prior thereto. At such meeting the administrator shall be given the opportunity to refute any facts upon which the determination was based and to make any argument in support of his or her request for reconsideration. The administrator and the board or the superintendent of public instruction, as applicable, may invite their respective legal counsel to be present and to participate at the meeting. The board shall notify the administrator in writing of ((~~its~~)) the final decision within ten days following ((~~its~~)) the meeting with the administrator. No appeal to the courts shall lie from the final decision ((~~of the board of directors~~)) under this section to transfer an administrator to a subordinate certificated position((~~: PROVIDED, That~~)). However, in the case of principals not employed in a school subject to superintendent of public instruction intervention, such transfer shall be made at the expiration of the contract year and only during the first three consecutive school years of employment as a principal by a school district; except that if any such principal not employed in a school subject to superintendent of public instruction intervention has been previously employed as a principal by another school district in the state of Washington for three or more consecutive school years the provisions of this section shall apply only to the first full school year of such employment. If a principal employed at a school in superintendent of public instruction intervention is transferred pursuant to a superintendent of public instruction intervention action taken under section 4 of this act, the transfer may occur at any time during the contract year of any year the principal is employed as a principal.

(3) This section applies to any person employed as an administrator by a school district on June 25, 1976 and to all persons so employed at any time thereafter. This section provides the exclusive means for transferring an administrator to a subordinate certificated position ((~~at the expiration of the term of his or her employment contract~~)).

Sec. 20. RCW 28A.150.020 and 1969 ex.s. c 223 s 28A.01.060 are each amended to read as follows:

"Common schools" means schools maintained at public expense in each school district, or under alternative arrangements for public governance or administration under a superintendent of public instruction intervention action under section 4 of this act, and carrying on a program from kindergarten through the twelfth grade or any part thereof including vocational educational courses otherwise permitted by law.

Sec. 21. RCW 28A.320.010 and 1969 ex.s. c 223 s 28A.58.010 are each amended to read as follows:

A school district shall constitute a body corporate and, except as provided by a superintendent of public instruction intervention action under section 4 of this act, shall possess all the usual powers of a public corporation, and in that name and style may sue and be sued and transact all business necessary for maintaining school and protecting the rights of the district, and enter into such obligations as are authorized therefor by law.

Sec. 22. RCW 28A.320.015 and 1992 c 141 s 301 are each amended to read as follows:

(1) Except as provided by a superintendent of public instruction intervention action taken under section 4 of this act, the board of directors of each school district may exercise the following:

(a) The broad discretionary power to determine and adopt written policies not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that the board determines will:

(i) Promote the education of kindergarten through twelfth grade students in the public schools; or

(ii) Promote the effective, efficient, or safe management and operation of the school district;

(b) Such powers as are expressly authorized by law; and

(2) Before adopting a policy under subsection (1)(a) of this section, the school district board of directors shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors.

Sec. 23. RCW 28A.320.035 and 1997 c 267 s 1 are each amended to read as follows:

(1) The board of directors of a school district may contract with other school districts, educational service districts, public or private organizations, agencies, schools, or individuals to implement the board's powers and duties, however the contracts must be consistent with a superintendent of public instruction intervention action taken under section 4 of this act. The board of directors of a school district may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to improve student learning or achievement.

(2) A contract under subsection (1) of this section may not be made with a religious or sectarian organization or school where the contract would violate the state or federal Constitution.

Sec. 24. RCW 28A.315.005 and 1999 c 315 s 1 are each amended to read as follows:

(1) Under the constitutional framework and the laws of the state of Washington, the governance structure for the state's public common school system is comprised of the following bodies: The legislature, the governor, the superintendent of public instruction, the state board of education, the academic achievement and accountability commission, the educational service district boards of directors, and local school district boards of directors. The respective policy and administrative roles of each body are determined by the state Constitution and statutes.

(2) Local school districts are political subdivisions of the state and the organization of such districts, including the powers, duties, and boundaries thereof, may be altered or abolished by laws of the state of Washington.

Sec. 25. RCW 28A.315.015 and 1999 c 315 s 101 are each amended to read as follows:

(1) It is the purpose of this chapter to:

(a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing:

(i) The formation and establishment of new school districts;

(ii) The alteration of the boundaries of existing districts; and

(iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and

(b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected.

(2) It is the state's policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree, the decision shall be made by the regional committees on school district organization, based on the committees' best judgment, taking into consideration the following factors and factors under RCW 28A.315.205:

(a) A balance of local petition requests and the needs of the statewide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state;

(b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state;

(c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts' ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts;

(d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and

(e) Other criteria or considerations as may be established in rule by the state board of education.

(3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW.

(4) This chapter is not intended to apply a superintendent of public instruction intervention action taken under section 4 of this act.

Sec. 26. RCW 28A.315.025 and 1990 c 33 s 293 are each amended to read as follows:

As used in this chapter:

(1) "Change in the organization and extent of school districts" means the formation and establishment of new school districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of them. "Change" does not include any change made pursuant to a superintendent of public instruction intervention action taken under section 4 of this act.

(2) "Regional committee" means the regional committee on school district organization created by this chapter.

(3) "State board" means the state board of education.

(4) "School district" means the territory under the jurisdiction of a single governing board designated and referred to as the board of directors.

(5) "Educational service district superintendent" means the educational service district superintendent as provided for in RCW 28A.310.170 or his or her designee.

Sec. 27. RCW 28A.225.210 and 1990 c 33 s 235 are each amended to read as follows:

Every school district shall admit on a tuition free basis all persons of school age who reside within this state, and do not reside within another school district carrying the grades for which they are eligible to enroll: PROVIDED, That nothing in this section shall be construed as affecting RCW 28A.225.220 ((or)), 28A.225.250, or section 4 of this act.

Sec. 28. RCW 28A.400.200 and 1997 c 141 s 2 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 statewide 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 statewide 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 and special education certificated instructional staff shall not exceed the district's average basic education and special education program certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.

(b) Fringe benefit contributions for basic education and special education certificated instructional staff shall be included as salary under (a) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.

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

(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, additional responsibilities, or incentives, or for the recruitment and retention of certificated employees in schools under state assistance under section 3 of this act or superintendent of public instruction intervention under section 4 of this act. 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.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. 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.

(5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350 and 28A.400.275 and 28A.400.280.

NEW SECTION. Sec. 29. RCW 28A.655.035 (Accountability policies--Recommendations) and 1999 c 388 s 103 are each repealed.

NEW SECTION. Sec. 30. RCW 28A.655.050 (Reading goals--Mathematics goals) and 1999 c 388 s 201 & 1998 c 319 s 101 are each repealed.

NEW SECTION. Sec. 31. CAPTIONS NOT LAW. Captions used in this act are not any part of the law.

NEW SECTION. Sec. 32. 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. 33. Sections 2 through 4 of this act are each added to chapter 28A.655 RCW."

Correct the title.