BILL REQ. #:  H-3706.1 

Read first time 01/14/2004.   Referred to Committee on Education.

     AN ACT Relating to employing school district superintendents; and amending RCW 28A.400.010, 28A.400.300, and 28A.400.315.

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

Sec. 1   RCW 28A.400.010 and 1990 c 33 s 376 are each amended to read as follows:
     (1) In all districts the board of directors ((shall)) must elect a superintendent who ((shall have such)) has the qualifications ((as)) the local school board alone ((shall)) determines. The superintendent ((shall have supervision over)) supervises the ((several)) departments of the district's schools ((thereof)) and ((carry)) carries out ((such)) other powers and duties ((as)) prescribed by law. ((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.)) The superintendent must be appointed for an indefinite term and may be removed by a majority vote of the local school board.
     (2) At least thirty days before the effective date of removal, the school board must furnish to the superintendent a formal statement in the form of a resolution passed by a majority vote of the board stating the board's intention to remove him or her and the reasons for removal. After passing the resolution, the board may, by majority vote, suspend the superintendent from duty, but his or her pay continues until the removal is effective.
     (3) The superintendent may reply in writing within thirty days from the date of service upon him or her of a copy of the resolution stating the board's intention to remove him or her. If no reply is timely filed, the board's action is final on the thirty-first day from service of the resolution and the superintendent's services terminate in accordance with the resolution. If a reply is timely filed with its president, the board must fix a time for a public hearing on the question of the superintendent's removal, and a final resolution removing the superintendent may not be adopted until after the public hearing. The board's action in removing the superintendent is final.

Sec. 2   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, shall:
     (1) Except as provided in RCW 28A.400.010, 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)) the compensation ((as)) the board of directors prescribes: PROVIDED, That the board of directors ((shall)) must adopt written policies granting ((to such)) these 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)) must 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)) must be consistent with this subsection;
     (d) Compensation for leave for illness or injury actually taken ((shall)) must be the same as the compensation ((such)) the person would have received had ((such)) that person not taken the leave provided in this proviso;
     (e) Leave provided in this proviso not taken ((shall)) accumulates 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)) This 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)) is creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if ((such)) the 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)) must 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)) before leaving ((said)) the district may, under rules and regulations of the board, be granted to ((such)) the 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)) begins employment with another school district within the state, the employee ((shall)) retains 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)) do 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. 3   RCW 28A.400.315 and 1990 c 8 s 6 are each amended to read as follows:
     Employment contracts entered into between an employer and ((a superintendent, or)) an administrator as defined in RCW 28A.405.230((,)) under RCW ((28A.400.010,)) 28A.400.300((,)) or 28A.405.210:
     (1) ((Shall)) End no later than June 30th of the calendar year that the contract expires except that, a contract entered into after June 30th of a given year may expire during that same calendar year; and
     (2) ((Shall)) May not be revised or entered into retroactively.