BILL REQ. #: H-0610.2
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 02/03/2003. Referred to Committee on Education.
AN ACT Relating to education; amending RCW 41.59.935 and 28A.655.180; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 28A.165 RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.180 RCW; adding a new section to chapter 28A.185 RCW; adding a new section to chapter 28A.220 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.235 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.330 RCW; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.640 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 As we face a more complex society and
increasing demands are placed on schools and the educational services
they provide for children, it is important that school districts are
provided with flexibility to determine how best to work within their
communities to ensure students are meeting high academic standards. It
is the intent of the legislature to allow schools to approach their
educational mission with both increased flexibility and accountability
that will assist them in better meeting the needs of the students in
their district.
NEW SECTION. Sec. 2 A new section is added to chapter 28A.320
RCW to read as follows:
(1) As provided in sections 3 through 20 of this act, the board of
directors of each school district may grant waivers, or partial
waivers, of state laws and rules to schools within the district. The
school board shall grant waivers in accordance with this section.
(2) To apply for waivers, a school principal must prepare an
application to the board of directors that identifies which laws and
rules are being requested for waiver and the rationale for the request.
The rationale must identify how granting the waivers will improve
student learning or the delivery of education services in the school.
The application must include evidence that the school's teachers,
classified employees, site council, parents, and students, as
appropriate, are committed to working cooperatively in implementing the
waiver.
(3) The school board shall provide for public review and comment
regarding the waiver request.
(4) The duration, renewal, and rescission of the waivers shall be
determined by the school district board of directors. The renewal of
a waiver shall be subject to the review process by the superintendent
of public instruction and the state board of education as provided in
subsection (7) of this section.
(5) The following may not be waived:
(a) Laws and rules pertaining to health, safety, and civil rights;
(b) The assessment, accountability, and reporting requirements in
RCW 28A.230.190, the third grade standardized test; RCW 28A.230.230,
the ninth grade standardized test; RCW 28A.655.060, assessment
requirements; and RCW 28A.655.110, the annual performance report;
(c) Requirements in RCW 28A.150.220 pertaining to the total number
of program hours that must be offered, except for waivers provided in
accordance with RCW 28A.305.140;
(d) State and federal financial reporting and auditing
requirements;
(e) State constitutional requirements; and
(f) Certification and other requirements in chapter 28A.410 RCW.
(6) A school district may not include provisions in a collective
bargaining agreement that limit the district's authority to grant
waivers under this section.
(7) School district boards of directors granting waivers to state
laws and rules shall certify to the superintendent of public
instruction that they have a waiver review process in effect and shall
transmit to the superintendent of public instruction and the state
board of education a list of laws and rules that have been waived in
accordance with this section and a description of the process used in
considering the waivers. The superintendent of public instruction and
the state board of education shall review the waivers of state laws and
rules within their respective jurisdictions. The waivers shall be
approved by the superintendent of public instruction or the state board
of education, as appropriate, if the school district board of directors
complied with the requirements of this section. The superintendent of
public instruction or state board of education, as appropriate, shall
approve or deny the waiver request, in whole or in part, within forty
calendar days of receiving the list of waivers. If the district
receives no response from either the superintendent of public
instruction or the state board of education after forty days, the
waiver shall be deemed uncontested. If a waiver is contested by the
superintendent of public instruction or the state board of education,
either as appropriate, may make recommendations to the district that
will assist the district in accomplishing the goal sought through the
waiver. The state board of education may delegate the responsibility
for reviewing and approving or denying the waivers to its staff if an
appeal procedure to the board is provided.
(8) School district boards of directors granting waivers shall
report annually to the superintendent of public instruction the impact
on student learning or delivery of education services resulting from
the waivers granted.
NEW SECTION. Sec. 3 A new section is added to chapter 28A.150
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 4 A new section is added to chapter 28A.155
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements,
except that any rules adopted to implement RCW 28A.155.105 and
28A.155.115 may not be waived. School districts may not waive the
district's obligation to meet all federal statutes applicable to the
education of individuals with disabilities.
NEW SECTION. Sec. 5 A new section is added to chapter 28A.165
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 6 A new section is added to chapter 28A.175
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 7 A new section is added to chapter 28A.180
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 8 A new section is added to chapter 28A.185
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 9 A new section is added to chapter 28A.220
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 10 A new section is added to chapter 28A.225
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 11 A new section is added to chapter 28A.230
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 12 A new section is added to chapter 28A.235
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 13 A new section is added to chapter 28A.300
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 14 A new section is added to chapter 28A.305
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 15 A new section is added to chapter 28A.320
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 16 A new section is added to chapter 28A.330
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 17 A new section is added to chapter 28A.400
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 18 A new section is added to chapter 28A.405
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 19 A new section is added to chapter 28A.600
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
NEW SECTION. Sec. 20 A new section is added to chapter 28A.640
RCW to read as follows:
Schools may obtain, in accordance with section 2 of this act,
waivers from the statutory requirements in this chapter that pertain to
the instructional program, operation, and management of schools.
Waivers also may be obtained, in accordance with section 2 of this act,
from any rules of the state board of education and superintendent of
public instruction adopted to implement the statutory requirements.
Sec. 21 RCW 41.59.935 and 1990 c 33 s 571 are each amended to
read as follows:
Nothing in this chapter shall be construed to grant employers or
employees the right to reach agreements regarding:
(1) Salary or compensation increases in excess of those authorized
in accordance with RCW 28A.150.410 and 28A.400.200; or
(2) Limiting the employer's authority to grant waivers under
section 2 of this act.
Sec. 22 RCW 28A.655.180 and 1995 c 208 s 1 are each amended to
read as follows:
(1) The state board of education, where appropriate, or the
superintendent of public instruction, where appropriate, may grant
waivers to districts from the provisions of statutes or rules relating
to: The length of the school year; student-to-teacher ratios; and
other administrative rules that in the opinion of the state board of
education or the opinion of the superintendent of public instruction
may need to be waived in order for a district to implement a plan for
restructuring its educational program or the educational program of
individual schools within the district.
(2) School districts may use the application process in RCW
28A.305.140 ((or 28A.300.138)) to apply for the waivers under
subsection (1) of this section.
(((3) The joint select committee on education restructuring shall
study which waivers of state laws or rules are necessary for school
districts to implement education restructuring. The committee shall
study whether the waivers are used to implement specific essential
academic learning requirements and student learning goals. The
committee shall study the availability of waivers under the schools for
the twenty-first century program created by chapter 525, Laws of 1987,
and the use of those waivers by schools participating in that program.
The committee shall also study the use of waivers authorized under RCW
28A.305.140. The committee shall report its findings to the
legislature by December 1, 1997.))
NEW SECTION. Sec. 23 The superintendent of public instruction,
in collaboration with school district personnel and the state board of
education, shall conduct a study to identify additional actions that
can be taken to increase flexibility for individual schools and school
districts. The study shall review the superintendent of public
instruction's rule-making process, the granting of waivers from
provisions of collective bargaining agreements, and other policies and
practices that reduce school and school district flexibility. The
study shall be submitted to the education committees of the senate and
house of representatives by October 30, 2004.