BILL REQ. #:  H-4520.2 

Read first time 01/28/2004.   Referred to Committee on Education.

     AN ACT Relating to granting school district boards authority to approve restructuring of alternative schools; and adding a new section to chapter 28A.320 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.320 RCW to read as follows:
     (1) The board of directors of a school district may approve a plan submitted by the principal of an alternative school for restructuring the alternative school consistent with the exemptions and the applicable state and federal laws in subsection (2) of this section. A school board may approve a proposed restructuring plan under this section only after holding at least one public hearing and finding that:
     (a) The proposed plan is likely to provide more opportunities for students to meet state and federal academic achievement goals;
     (b) The proposed plan is designed to ensure compliance with the applicable state and federal laws and other requirements in subsection (2) of this section; and
     (c) A sufficient number, as determined by the school board, of the school's employees and parents support the proposed restructuring of the school.
     (2) An approved restructuring plan for an alternative school may exempt the school from all state statutes and rules applicable to school districts and school district boards of directors, except those statutes and rules as provided in this subsection, and those statutes and rules identified in the school's approved restructuring plan.
     (a) An alternative school restructured under a plan approved by the school district board of directors must:
     (i) Comply with state and federal health, safety, parents' rights, civil rights, and nondiscrimination laws applicable to school districts, and to the same extent as school districts, including, but not limited to: The family educational rights and privacy act, 20 U.S.C. Sec. 1232g; chapter 28A.640 RCW, sexual equality; and Title IX of the education amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;
     (ii) Participate in free and reduced priced meal programs to the same extent as is required for other public schools;
     (iii) Participate in nationally normed standardized achievement tests as required in RCW 28A.230.190, 28A.230.193, and 28A.230.230 and the elementary, middle school, and high school standards, requirements, and assessment examinations as required in chapter 28A.655 RCW;
     (iv) Employ certificated instructional staff as required in RCW 28A.410.010, however alternative schools may hire noncertificated instructional staff of unusual competence and in exceptional cases as specified in RCW 28A.150.260;
     (v) Comply with the employee record check requirements in RCW 28A.400.303;
     (vi) Be subject to financial examinations and audits as determined by the state auditor, including annual audits for legal and fiscal compliance;
     (vii) Comply with the annual performance report under RCW 28A.655.110;
     (viii) Follow the performance improvement goals and requirements adopted by the academic achievement and accountability commission by rule under RCW 28A.655.030;
     (ix) Be subject to the accountability requirements of the federal no child left behind act of 2001, including Title I requirements;
     (x) Comply with and be subject to the requirements under the individuals with disabilities education act, as amended in 1997;
     (xi) Report at least annually to the board of directors of the school district and to parents of children enrolled at the school on progress toward the student performance goals specified in the restructuring plan; and
     (xii) Be subject to and comply with legislation enacted after the effective date of this section governing the operation and management of alternative schools.
     (3) For purposes of this section, "alternative school" means a school operated by and accountable to a school district board of directors, that varies from the district's traditional educational service delivery model, is designed to serve students with special or unique needs or interests, may support a specific academic focus or utilize nontraditional teaching and learning philosophies, and is commonly regarded as an alternative to the district's other schools.
     (4) The school district board of directors shall provide, for any alternative school restructured under this section, prompt and timely funding for the alternative school including regular apportionment, special education, categorical, student achievement, and other nonbasic education moneys. Allocations shall be based on the school's actual staff mix ratio and the school's actual FTE enrollment.