[atlas:bill]

AN ACT Relating to the governance of the Washington state school for the deaf; amending RCW 72.40.010, 72.40.022, 72.40.024, 72.42.010, and 72.42.070; adding a new section to chapter 72.40 RCW; adding new sections to chapter 72.42 RCW; repealing RCW 72.42.020, 72.42.025, 72.42.030, and 72.42.040; and providing an effective date.

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

Sec. 1. RCW 72.40.010 and 1985 c 378 s 11 are each amended to read as follows:

There are established at Vancouver, Clark county, a school which shall be known as the state school for the blind, and a separate school which shall be known as the state school for the deaf. The primary purpose of the state school for the blind and the state school for the deaf is to educate and train hearing and visually impaired children.

The ((~~schools~~)) school for the blind shall be under the direction of ((~~their respective superintendents~~)) the superintendent with the advice of the board of trustees. The school for the deaf shall be under the direction of the superintendent and the board of trustees.

Sec. 2. RCW 72.40.022 and 1993 c 147 s 1 are each amended to read as follows:

In addition to any other powers and duties prescribed by law, the superintendent of the state school for the blind ((~~and the superintendent of the state school for the deaf~~)):

(1) Shall have full control of ((~~their respective schools~~)) the school and the property of various kinds.

(2) May establish criteria, in addition to state certification, for teachers at ((~~their respective schools~~)) the school.

(3) Shall employ members of the faculty, administrative officers, and other employees, who shall all be subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law.

(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the advice of the ((~~respective boards~~)) board of trustees.

(5) May establish new facilities as needs demand.

(6) May adopt rules, under chapter 34.05 RCW, as deemed necessary for the government, management, and operation of the housing facilities.

(7) Shall control the use of the facilities and authorize the use of the facilities for night school, summer school, public meetings, or other purposes consistent with the purposes of ((~~their respective schools~~)) the school.

(8) May adopt rules for pedestrian and vehicular traffic on property owned, operated, and maintained by the ((~~respective schools~~)) school.

(9) Shall purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of ((~~their respective schools~~)) the school.

(10) Except as otherwise provided by law, may enter into contracts as ((~~each~~)) the superintendent deems essential to the ((~~respective purposes of their schools~~)) purpose of the school.

(11) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the ((~~respective schools~~)) school; sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof.

(12) May, except as otherwise provided by law, enter into contracts ((~~as the superintendents deem~~)) the superintendent deems essential for the operation of ((~~their respective schools~~)) the school.

(13) May adopt rules providing for the transferability of employees between the school for the deaf and the school for the blind consistent with collective bargaining agreements in effect.

(14) Shall prepare and administer ((~~their respective budgets~~)) the school's budget consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable.

(15) May adopt rules under chapter 34.05 RCW and perform all other acts not forbidden by law as the superintendent((s)) deems necessary or appropriate to the administration of ((~~their respective schools~~)) the school.

NEW SECTION. Sec. 3. A new section is added to chapter 72.40 RCW to read as follows:

In addition to any other powers and duties prescribed by law, the superintendent of the state school for the deaf:

(1) Shall have the responsibility for the supervision and management of the school and the property of various kinds.

(2) May establish criteria, in addition to state certification, for the teachers at the school.

(4) Shall establish the course of study including vocational training, with the assistance of the faculty and the approval of the board of trustees.

(5) May establish, with the approval of the board of trustees, new facilities as needs demand.

(6) May adopt rules, under chapter 34.05 RCW, as approved by the board of trustees, as deemed necessary for the governance, management, and operation of the housing facilities.

(7) Shall, as approved by the board of trustees, control the use of the facilities and authorize the use of the facilities for night school, summer school, public meetings, or other purposes consistent with the purposes of the school.

(8) May adopt rules, as approved by the board of trustees, for pedestrian and vehicular traffic on property owned, operated, and maintained by the school.

(9) Shall purchase all supplies and lease or purchase equipment and other personal property needed for the operation or maintenance of the school.

(10) Except as otherwise provided by law, may enter into contracts as the superintendent deems essential to the purpose of the school.

(11) May receive gifts, grants, conveyances, devises, and bequests of real or personal property from whatever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions will aid in carrying out the programs of the school; sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms and conditions thereof; and adopt rules to govern the receipt and expenditure of the proceeds, rents, profits, and income thereof.

(12) May adopt rules, as approved by the board of trustees, providing for the transferability of employees between the school for the deaf and the school for the blind consistent with collective bargaining agreements in effect.

(13) Shall prepare, submit to the board of trustees for approval, and administer the budget consistent with RCW 43.88.160 and the budget and accounting act, chapter 43.88 RCW generally, as applicable.

(14) May adopt rules under chapter 34.05 RCW, as approved by the board of trustees, and perform all other acts not forbidden by law as the superintendent deems necessary or appropriate to the administration of the school.

Sec. 4. RCW 72.40.024 and 1993 c 147 s 2 are each amended to read as follows:

In addition to the powers and duties under RCW 72.40.022 and section 3 of this act, the superintendent of each school shall:

(1) Monitor the location and educational placement of each student reported to the superintendents by the educational service district superintendents;

(2) Provide information about educational programs, instructional techniques, materials, equipment, and resources available to students with visual or auditory impairments to the parent or guardian, educational service district superintendent, and the superintendent of the school district where the student resides; and

(3) Serve as a consultant to the office of the superintendent of public instruction, provide instructional leadership, and assist school districts in improving their instructional programs for students with visual or hearing impairments.

Sec. 5. RCW 72.42.010 and 1985 c 378 s 31 are each amended to read as follows:

It is the intention of the legislature, in creating a board of trustees for the state school for the deaf to perform the duties set forth in this chapter, that the board of trustees perform needed ((~~advisory~~)) oversight services to the governor and the legislature ((~~and to the superintendent~~)) of the Washington state school for the deaf in the development of programs for the hearing impaired, and in the operation of the Washington state school for the deaf.

NEW SECTION. Sec. 6. A new section is added to chapter 72.42 RCW to read as follows:

Unless the context clearly requires otherwise, as used in this chapter "school" means the Washington state school for the deaf.

NEW SECTION. Sec. 7. A new section is added to chapter 72.42 RCW to read as follows:

(1) The governance of the school shall be vested in a board of trustees. The board shall consist of nine members appointed by the governor, with the consent of the senate. The board shall be composed of a resident from each of the state's congressional districts and shall include:

(a) One member who is deaf or hearing impaired;

(b) Two members who are experienced educational professionals;

(d) One member who is experienced in providing residential services to youth; and

(e) One member who is the parent of a child who is deaf or hearing impaired and is receiving or has received educational services related to deafness or hearing impairment from a public educational institution.

(2) No voting trustee may be an employee of the school, a member of the board of directors of any school district, a member of the governing board of any public or private educational institution, a school district or educational service district administrator appointed after July 1, 1986, or an elected officer or member of the legislative authority of any municipal corporation.

(3) Trustees shall be appointed by the governor to serve a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed within sixty days of the vacancy and appointed only for the remainder of the term. Of the initial members, three must be appointed for two-year terms, three must be appointed for three-year terms, and the remainder must be appointed for five-year terms.

(4) The board shall not be deemed unlawfully constituted and a trustee shall not be deemed ineligible to serve the remainder of the trustee's unexpired term on the board solely by reason of the establishment of new or revised boundaries for congressional districts. In such an event, each trustee may continue to serve in office for the balance of the term for which he or she was appointed so long as the trustee continues to reside within the boundaries of the congressional district as they existed at the time of his or her appointment. Vacancies which occur in a trustee position during the balance of any term shall be filled pursuant to subsection (3) of this section by a successor who resides within the boundaries of the congressional district from which the member whose office was vacated was appointed as they existed at the time of his or her appointment. At the completion of such term, and thereafter, a successor shall be appointed from the congressional district which corresponds in number with the congressional district from which the incumbent was appointed.

NEW SECTION. Sec. 8. A new section is added to chapter 72.42 RCW to read as follows:

The board of trustees of the school shall have the following powers and duties:

(1) Shall adopt rules and regulations for its own governance;

(2) Shall direct the development of, approve, and monitor the enforcement of policies, rules, and regulations pertaining to the school, including but not limited to:

(a) The use of classrooms and other facilities for summer or night schools or for public meetings and any other uses;

(b) Pedestrian and vehicular traffic on property owned, operated, or maintained by the school;

(d) Transferability of employees between the school for the deaf and the school for the blind consistent with collective bargaining agreements in effect;

(3) Shall develop a process for recommending candidates for the position of superintendent; upon a vacancy shall submit a list of three qualified candidates for superintendent to the governor; and shall advise the superintendent about the criteria and policy to be used in the selection of members of the faculty, other administrative officers, and other employees, who all, with the exception of the superintendent, are subject to chapter 41.06 RCW, the state civil service law, unless specifically exempted by other provisions of law;

(4) Shall submit an evaluation of the superintendent to the governor by July 1st of each year that includes a recommendation regarding the retention of the superintendent;

(5) May recommend to the governor at any time that the superintendent be removed for misfeasance, malfeasance, or willful neglect of duty;

(6) Shall prepare and submit by July 1st of each even-numbered year a report to the governor and the appropriate committees of the legislature which contains a detailed summary of the school's progress on performance objectives and the school's work, facility conditions, and revenues and costs of the school for the previous year and which contains those recommendations it deems necessary and advisable for the governor and the legislature to act on;

(7) Shall approve the school's budget and all funding requests, both operating and capital, submitted to the governor;

(8) Shall direct and approve the development and implementation of comprehensive programs of education, training, and as needed residential living, such that students served by the school receive a challenging and quality education in a safe school environment;

(9) Shall monitor and inspect all existing facilities of the school and report its findings in its annual report to the governor and appropriate committees of the legislature; and

(10) May grant to every student, upon graduation or completion of a program or course of study, a suitable diploma, nonbaccalaureate degree, or certificate.

NEW SECTION. Sec. 9. A new section is added to chapter 72.42 RCW to read as follows:

(1) The board of trustees shall organize, adopt bylaws for its own governance, and adopt rules not inconsistent with this chapter as they deem necessary. At such organizational meeting it shall elect from among its members a chairman and a vice-chairman, each to serve for one year, and annually thereafter shall elect such officers to serve until their successors are appointed or qualified.

(2) A majority of the voting members of the board in office constitutes a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner as prescribed by its bylaws, rules, or regulations.

Sec. 10. RCW 72.42.070 and 1993 c 147 s 10 are each amended to read as follows:

The board of trustees shall meet at least quarterly but may meet more frequently at such times as the board by resolution determines or the bylaws of the board prescribe.

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

(1) RCW 72.42.020 (Board of trustees--Membership--Terms--Vacancies‑-Officers--Rules and regulations) and 1993 c 147 s 9, 1985 c 378 s 33, 1982 1st ex.s. c 30 s 15, & 1972 ex.s. c 96 s 2;

(2) RCW 72.42.025 (Membership, effect of creation of new congressional districts or boundaries) and 1982 1st ex.s. c 30 s 16;

(3) RCW 72.42.030 (Bylaws--Rules and regulations--Officers) and 1972 ex.s. c 96 s 3; and

(4) RCW 72.42.040 (Powers and duties) and 1985 c 378 s 34, 1981 c 42 s 1, & 1972 ex.s. c 96 s 4.

NEW SECTION. Sec. 12. This act takes effect July 1, 2002, except that the governor may appoint the members of the board of trustees under section 7 of this act prior to the beginning of their terms of office on July 1, 2002.