BILL REQ. #:  H-0514.1 

Read first time 01/16/2007.   Referred to Committee on Education.

     AN ACT Relating to recodifying the basic education program; amending RCW 28A.150.200, 28A.150.220, 28A.150.250, 28A.150.260, 28A.150.290, 28A.150.360, and 28A.150.410; adding a new section to chapter 28A.160 RCW; adding a new chapter to Title 28A RCW; recodifying RCW 28A.150.200, 28A.150.210, 28A.150.220, 28A.150.250, 28A.150.260, 28A.150.270, 28A.150.290, 28A.150.410, 28A.150.275, 28A.150.280, 28A.150.350, 28A.150.360, 28A.150.370, 28A.150.420, and 28A.150.280; and repealing RCW 28A.150.100.

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

NEW SECTION.  Sec. 1   In 1977, the legislature adopted the Washington basic education act of 1977 to set forth an education program that complies with the requirements of Article IX, sections 1 and 2, of the state Constitution. Subsequently, the courts have held that included in the state's obligation for basic education under Article IX, sections 1 and 2 of the state Constitution, is the provision of several programs in addition to the program contained in the Washington basic education act of 1977. In 1983, Thurston county superior court Judge Robert J. Doran held in Seattle School District No. 1 v. State, Thurston Co. Superior Court No. 81-2-1713-1 (1983), that the program of basic education required by Article IX of the state Constitution includes certain programs in addition to the program set forth in the basic education act. Judge Doran identified these additional programs in his 1983 decision. Following Judge Doran's decision, the legislature has proceeded as though those programs held by Judge Doran to be part of the state's obligations under Article IX of the state Constitution are part of basic education. The purpose of this act is to set forth in a separate chapter for clarity and ease of reference all statutes the courts have held to be part of the program of basic education. This act does not expand, diminish, or alter the state's basic education obligations under Article IX of the state Constitution.

Sec. 2   RCW 28A.150.200 and 1990 c 33 s 104 are each amended to read as follows:
     ((This 1977 amendatory act)) Chapter 359, Laws of 1977 ex. sess. shall be known and may be cited as "The Washington basic education act of 1977." The program evolving from the basic education act shall include (1) the goal of the school system as defined in RCW 28A.150.210 (as recodified by this act), (2) those program requirements enumerated in RCW 28A.150.220 (as recodified by this act), and (3) the determination and distribution of state resources as defined in RCW 28A.150.250 and 28A.150.260 (as recodified by this act).
     The requirements of the basic education act are deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and are adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools." This act is not intended to expand, diminish, or alter the state's basic education obligations under Article IX of the state Constitution.

NEW SECTION.  Sec. 3   The definitions in this section apply throughout this chapter and RCW 28A.400.200 unless the context clearly requires otherwise.
     (1) "Instructional hours" means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess, and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals.
     (2) "Basic education certificated instructional staff" means all full-time equivalent certificated instructional staff in the following programs as defined for statewide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general supportive service.

Sec. 4   RCW 28A.150.220 and 1993 c 371 s 2 are each amended to read as follows:
     (1) Satisfaction of the basic education program requirements identified in RCW 28A.150.210 (as recodified by this act) shall be considered to be implemented by the following program:
     (a) Each school district shall make available to students enrolled in kindergarten at least a total instructional offering of four hundred fifty hours. The program shall include instruction in the essential academic learning requirements ((under RCW 28A.630.885)) and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such program;
     (b) Each school district shall make available to students enrolled in grades one through twelve, at least a district-wide annual average total instructional hour offering of one thousand hours. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts including fewer than twelve grades. The program shall include the essential academic learning requirements ((under RCW 28A.630.885)) and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district's students enrolled in such group;
     (c) Each school district shall maintain a ratio of at least forty-six basic education certificated staff to one thousand annual average full-time equivalent students;
     (d) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages.
     (e) Each school district shall make available to all eligible and enrolled students with disabilities as defined in RCW 28A.155.020 the opportunity for an appropriate education at public expense as provided in chapter 28A.155 RCW;     
     (f) Each school district shall make available to all eligible and enrolled students in grades kindergarten through twelve transportation to and from school as provided in chapter 28A.160 RCW;
     (g) Each school district participating in the learning assistance program, as set forth in chapter 28A.165 RCW, shall provide a program to participating students that complies with the requirements of chapter 28A.165 RCW;
     (h) Each school district shall make available to each eligible and enrolled student transitional bilingual instruction as required by chapter 28A.180 RCW;
     (i) Each education provider under chapter 28A.193 RCW shall provide a program of education to eligible and participating juvenile inmates as provided by chapter 28A.193 RCW.
     (2) Nothing contained in subsection (1) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
     (3) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten: PROVIDED, That ((effective May 1, 1979,)) a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 (as recodified by this act).
     (4) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260 (as recodified by this act), and such related supplemental program approval requirements as the state board may establish.

Sec. 5   RCW 28A.150.250 and 1990 c 33 s 107 are each amended to read as follows:
     From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.510.250 to each school district of the state operating a program approved by the state board of education an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.520.010 and 28A.520.020, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one full school year of one hundred eighty days, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.150.220 (as recodified by this act).
     Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.150.250 and 28A.150.260 (as recodified by this act) to fund those program requirements identified in RCW 28A.150.220 (as recodified by this act) in accordance with the formula and ratios provided in RCW 28A.150.260 (as recodified by this act) and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW ((28A.150.100)) 28A.150.220 (as recodified by this act) and 28A.150.410.
     Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher in grades four and above for such district: PROVIDED, That for the purposes of this section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate, but not necessarily employed as a certificated employee, whose primary duty is the daily educational instruction of students: PROVIDED FURTHER, That the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, and such rules and regulations shall allow for exemptions for those special programs and/or school districts which may be deemed unable to practicably meet the student/teacher ratio requirements of this section by virtue of a small number of students.
     If a school district's basic education program fails to meet the basic education requirements enumerated in RCW 28A.150.250, 28A.150.260, and 28A.150.220 (as recodified by this act), the state board of education shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education allocation until program compliance is assured: PROVIDED, That the state board of education may waive this requirement in the event of substantial lack of classroom space.

Sec. 6   RCW 28A.150.260 and 2006 c 263 s 322 are each amended to read as follows:
     The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:
     (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:
     (a) Certificated instructional staff and their related costs;
     (b) Certificated administrative staff and their related costs;
     (c) Classified staff and their related costs;
     (d) Nonsalary costs;
     (e) Extraordinary costs, including school facilities, of remote and necessary schools as judged by the superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, and small high schools, including costs of additional certificated and classified staff; and
     (f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district.
     (2)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels.
     (b) The formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty-nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve.
     (c) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect: PROVIDED, That the distribution formula developed pursuant to this section shall be for state apportionment and equalization purposes only and shall not be construed as mandating specific operational functions of local school districts other than those program requirements identified in RCW 28A.150.220 ((and 28A.150.100)) (as recodified by this act). The enrollment of any district shall be the annual average number of full time equivalent students and part time students as provided in RCW 28A.150.350 (as recodified by this act), enrolled on the first school day of each month and shall exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The definition of full time equivalent student shall be determined by rules of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That the office of financial management shall make a monthly review of the superintendent's reported full time equivalent students in the common schools in conjunction with RCW 43.62.050.
     (3)(a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): PROVIDED, That in exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision: PROVIDED, FURTHER, That the hiring of such classified people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute.
     (b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4).

Sec. 7   RCW 28A.150.290 and 1992 c 141 s 504 are each amended to read as follows:
     (1) The superintendent of public instruction shall have the power and duty to make such rules ((and regulations)) as are necessary for the proper administration of this chapter, chapter 28A.150 RCW, and RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.035, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require such reports as may be necessary to carry out his or her duties under this chapter, chapter 28A.150 RCW, and RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.035, 28A.300.170, and 28A.500.010.
     (2) The superintendent of public instruction shall have the authority to make rules ((and regulations which)) that establish the terms and conditions for allowing school districts to receive state basic education moneys as provided in RCW 28A.150.250 (as recodified by this act) when said districts are unable to fulfill for one or more schools as officially scheduled the requirement of a full school year of one hundred eighty days or the annual average total instructional hour offering imposed by RCW 28A.150.220 and 28A.150.260 (as recodified by this act) due to one or more of the following conditions:
     (a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption that has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or ((inoperable)) inoperative; and
     (b) An unforeseen mechanical failure or an unforeseen action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a school district board of directors and its employees and (ii) has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or ((inoperable)) inoperative. Such actions, inactions or mechanical failures may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in the scheduled completion of construction projects, and the discontinuance or disruption of utilities such as heating, lighting and water: PROVIDED, That an unforeseen action or inaction shall not include any labor dispute between a school district board of directors and any employee of the school district.
     A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have anticipated prior to August first of the preceding school year that the condition probably would occur during the ensuing school year because of the occurrence of an event or a circumstance which existed during such preceding school year or a prior school year. A board of directors of a school district is deemed for the purposes of this subsection to have knowledge of events and circumstances which are a matter of common knowledge within the school district and of those events and circumstances which can be discovered upon prudent inquiry or inspection.
     (3) The superintendent of public instruction shall make every effort to reduce the amount of paperwork required in administration of this chapter, chapter 28A.150 RCW, and RCW 28A.160.150 through ((28A.160.220)) 28A.160.210, 28A.300.035, 28A.300.170, and 28A.500.010; to simplify the application, monitoring and evaluation processes used; to eliminate all duplicative requests for information from local school districts; and to make every effort to integrate and standardize information requests for other state education acts and federal aid to education acts administered by the superintendent of public instruction so as to reduce paperwork requirements and duplicative information requests.

Sec. 8   RCW 28A.150.360 and 1995 c 335 s 101 are each amended to read as follows:
     In the event of an unforeseen emergency, in the nature of either an unavoidable cost to a district or unexpected variation in anticipated revenues to a district, the state superintendent is authorized, for not to exceed two years, to make such an adjustment in the allocation of funds as is consistent with the intent of this chapter, chapter 28A.150 RCW, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010 in providing an equal educational opportunity for the children of such district or districts.

Sec. 9   RCW 28A.150.410 and 2002 c 353 s 1 are each amended to read as follows:
     (1) The legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260 (as recodified by this act).
     (2) Salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district's average salary for certificated instructional staff, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act.
     (3) ((Beginning January 1, 1992,)) No more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless:
     (a) The employee has a masters degree; or
     (b) The credits were used in generating state salary allocations before January 1, 1992.

NEW SECTION.  Sec. 10   The following sections are each recodified in the new chapter in Title 28A RCW created in section 13 of this act.
     RCW 28A.150.200
     RCW 28A.150.210
     RCW 28A.150.220
     RCW 28A.150.250
     RCW 28A.150.260
     RCW 28A.150.270
     RCW 28A.150.290
     RCW 28A.150.410
     RCW 28A.150.275
     RCW 28A.150.280
     RCW 28A.150.350
     RCW 28A.150.360
     RCW 28A.150.370
     RCW 28A.150.420

NEW SECTION.  Sec. 11   RCW 28A.150.280 is recodified as a new section in chapter 28A.160 RCW.

NEW SECTION.  Sec. 12   RCW 28A.150.100 (Basic education certificated instructional staff -- Definition -- Ratio to students) and 1990 c 33 s 103 & 1987 1st ex.s. c 2 s 203 are each repealed.

NEW SECTION.  Sec. 13   Sections 1 and 3 of this act constitute a new chapter in Title 28A RCW.