BILL REQ. #:  S-4408.5 

READ FIRST TIME 02/09/10.   

     AN ACT Relating to flexibility in the education system; amending RCW 28A.150.520, 28A.210.080, 28A.215.010, 28A.220.030, 28A.300.118, 28A.300.150, 28A.300.160, 28A.300.270, 28A.300.405, 28A.300.410, 28A.300.450, 28A.300.520, 28A.320.080, 28A.320.160, 28A.345.020, 28A.345.050, 28A.640.020, 28A.655.061, and 39.35D.040; repealing RCW 28A.210.130, 28A.220.050, 28A.220.080, 28A.220.085, 28A.230.150, 28A.300.280, and 28A.320.185; providing an expiration date; and declaring an emergency.

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

Sec. 1   RCW 28A.150.520 and 2005 c 12 s 9 are each amended to read as follows:
     To the extent funds are available, public school districts must comply with high-performance public ((building[s])) buildings requirements under RCW 39.35D.010, 39.35D.020, 39.35D.040, 39.35D.060, and 28A.150.530.

Sec. 2   RCW 28A.210.080 and 2007 c 276 s 1 are each amended to read as follows:
     (1) The attendance of every child at every public and private school in the state and licensed day care center shall be conditioned upon the presentation before or on each child's first day of attendance at a particular school or center, of proof of either (a) full immunization, (b) the initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (c) a certificate of exemption as provided for in RCW 28A.210.090. The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of immunization shall be conditioned upon the presentation of proof of compliance with the schedule on the child's first day of attendance during the subsequent school year. Once proof of full immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a condition to attendance at the particular school or center.
     (2)(a) Beginning with sixth grade entry, every public and private school in the state shall provide parents and guardians with access to information about meningococcal disease and its vaccine at the beginning of every school year. Providing online access to the information satisfies the requirements of this section unless a parent or guardian specifically requests information to be provided in written form. The information about meningococcal disease shall include:
     (i) Its causes and symptoms, how meningococcal disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and
     (ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received.
     (b) This subsection shall not be construed to require the department of health or the school to provide meningococcal vaccination to students.
     (c) The department of health shall prepare the informational materials and shall consult with the office of superintendent of public instruction.
     (d) This subsection does not create a private right of action.
     (3)(a) Beginning with sixth grade entry, every public school in the state shall provide parents and guardians with access to information about human papillomavirus disease and its vaccine at the beginning of every school year. Providing online access to the information satisfies the requirements of this section unless a parent or guardian specifically requests information to be provided in written form. The information about human papillomavirus disease shall include:
     (i) Its causes and symptoms, how human papillomavirus disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and
     (ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for human papillomavirus disease and where the vaccination can be received.
     (b) This subsection shall not be construed to require the department of health or the school to provide human papillomavirus vaccination to students.
     (c) The department of health shall prepare the informational materials and shall consult with the office of the superintendent of public instruction.
     (d) This subsection does not create a private right of action.
     (4) Private schools are required by state law to notify parents that information on the human papillomavirus disease prepared by the department of health is available.

Sec. 3   RCW 28A.215.010 and 2006 c 263 s 410 are each amended to read as follows:
     The board of directors of any school district shall have the power to establish and maintain preschools and to provide before-and-after-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district. The board shall establish such courses, activities, and rules((, and regulations)) governing preschools and before-and-after-school care as it may deem best: PROVIDED, That these courses and activities ((shall)) are encouraged to meet the minimum standard for such preschools as established by the United States department of health, education and welfare, or its successor agency, and the superintendent of public instruction. Except as otherwise provided by state or federal law, the board of directors may fix a reasonable charge for the care and instruction of children attending such schools. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district.

Sec. 4   RCW 28A.220.030 and 2000 c 115 s 9 are each amended to read as follows:
     (1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective statewide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules ((and regulations)) governing the operation and scope of the traffic safety education program; and each school district shall submit a report in even-numbered years to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter.
     (2) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, to the extent funds are available, at least one class in traffic safety education shall be given at times other than regular school hours if there is sufficient demand therefor.
     (3) The board of directors of a school district, or combination of school districts, may contract with any drivers' school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers' school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing.
     (4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years.
     (5) By January 1, 2011, the superintendent shall survey districts regarding the impact of the rules and minimum hours of training established under the authority of this section. The superintendent shall revise the rules and minimum hours based on that survey in order to reduce the burden on school districts.

Sec. 5   RCW 28A.300.118 and 2000 c 126 s 1 are each amended to read as follows:
     (1) Beginning with the ((2000-01)) 2011-12 school year, the superintendent of public instruction shall notify senior high schools and any other public school that includes ninth grade of the names and contact information of public and private entities offering programs leading to college credit, including information about online advanced placement classes, if the superintendent has knowledge of such entities and if the cost of reporting these entities is minimal.
     (2) Beginning with the ((2000-01)) 2011-12 school year, each senior high school and any other public school that includes ninth grade shall publish annually and deliver to each parent with children enrolled in ninth through twelfth grades, information concerning the entrance requirements and the availability of programs in the local area that lead to college credit, including classes such as advanced placement, running start, tech-prep, skill centers, college in the high school, and international baccalaureate programs. The information may be included with other information the school regularly mails to parents. In addition, each senior high school and any other public school that includes ninth grade shall enclose information of the names and contact information of other public or private entities offering such programs, including online advanced placement programs, to its ninth through twelfth grade students if the school has knowledge of such entities.

Sec. 6   RCW 28A.300.150 and 2006 c 263 s 705 are each amended to read as follows:
     The superintendent of public instruction shall collect and disseminate to school districts information on child abuse and neglect prevention curriculum and shall adopt rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools. The superintendent of public instruction and the departments of social and health services and ((community, trade, and economic development)) commerce shall share relevant information. Providing online access to the information satisfies the requirements of this section unless a parent or guardian specifically requests information to be provided in written form.

Sec. 7   RCW 28A.300.160 and 1995 c 399 s 21 are each amended to read as follows:
     (1) The office of the superintendent of public instruction shall be the lead agency and shall assist the department of social and health services, the department of ((community, trade, and economic development)) commerce, and school districts in establishing a coordinated primary prevention program for child abuse and neglect.
     (2) In developing the program, consideration shall be given to the following:
     (a) Parent, teacher, and children's workshops whose information and training is:
     (i) Provided in a clear, age-appropriate, nonthreatening manner, delineating the problem and the range of possible solutions;
     (ii) Culturally and linguistically appropriate to the population served;
     (iii) Appropriate to the geographic area served; and
     (iv) Designed to help counteract common stereotypes about child abuse victims and offenders;
     (b) Training for school age children's parents and school staff, which includes:
     (i) Physical and behavioral indicators of abuse;
     (ii) Crisis counseling techniques;
     (iii) Community resources;
     (iv) Rights and responsibilities regarding reporting;
     (v) School district procedures to facilitate reporting and apprise supervisors and administrators of reports; and
     (vi) Caring for a child's needs after a report is made;
     (c) Training for licensed day care providers and parents that includes:
     (i) Positive child guidance techniques;
     (ii) Physical and behavioral indicators of abuse;
     (iii) Recognizing and providing safe, quality day care;
     (iv) Community resources;
     (v) Rights and responsibilities regarding reporting; and
     (vi) Caring for the abused or neglected child;
     (d) Training for children that includes:
     (i) The right of every child to live free of abuse;
     (ii) How to disclose incidents of abuse and neglect;
     (iii) The availability of support resources and how to obtain help;
     (iv) Child safety training and age-appropriate self-defense techniques; and
     (v) A period for crisis counseling and reporting immediately following the completion of each children's workshop in a school setting which maximizes the child's privacy and sense of safety.
     (3) The office of the superintendent of public instruction shall not require annual training under subsection (2) of this section. The office of the superintendent of public instruction may consider offering training every four years, except for new employees who shall receive training within the first year of their hire date. School districts are encouraged to work with private or nonprofit entities that have the ability to provide the appropriate training for staff in accordance with this section.
     (4) The primary prevention program established under this section shall be a voluntary program and shall not be part of the basic program of education.
     (((4))) (5) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program.

Sec. 8   RCW 28A.300.270 and 1994 sp.s. c 7 s 602 are each amended to read as follows:
     (1) The superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at locations throughout the state.
     (2) The office of the superintendent of public instruction shall not require annual training sessions. The training may be offered every four years.

Sec. 9   RCW 28A.300.405 and 2000 c 210 s 4 are each amended to read as follows:
     (1) Consistent with the legislative findings in RCW 28A.300.390, the legislature shall establish the Washington civil liberties public education program. The program provides grants for the purpose of establishing a legacy of remembrance as part of a continuing process of recovery from the World War II exclusion and detention of individuals of Japanese ancestry. The program is created to do one or both of the following:
     (((1))) (a) Educate the public regarding the history and the lessons of the World War II exclusion, removal, and detention of persons of Japanese ancestry through the development, coordination, and distribution of new educational materials and the development of curriculum materials to complement and augment resources currently available on this subject matter; and
     (((2))) (b) Develop videos, plays, presentations, speaker bureaus, and exhibitions for presentation to elementary schools, secondary schools, community colleges, and to other interested parties.
     (2) This section is suspended until July 1, 2013.

Sec. 10   RCW 28A.300.410 and 2000 c 210 s 5 are each amended to read as follows:
     (1) The superintendent of public instruction shall allocate grants under the program established in RCW 28A.300.390 through 28A.300.415 from private donations or within amounts appropriated for this specific purpose. The grants shall be awarded on a competitive basis.
     (2) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the superintendent of public instruction based on grant applications.
     (3) The superintendent of public instruction shall select grant recipients from applicants who meet all of the following criteria:
     (a) The capability to administer and complete the proposed project within specified deadlines and within the specified budget;
     (b) The experience, knowledge, and qualifications necessary to conduct quality educational activities regarding the exclusion and detention of Japanese-Americans during World War II;
     (c) Projects that relate the Japanese-American exclusion and detention experience with civil rights included in the Declaration of Independence and the Constitution so that this event may be illuminated and understood in order to prevent similar violations of civil rights in the future;
     (d) Projects that are designed to maximize the long-term educational impact of this chapter;
     (e) Projects that build upon, contribute to, and expand upon the existing body of educational and research materials on the exclusion and detention of Japanese-Americans during World War II; and
     (f) Projects that include the variety of experiences regarding the exclusion and detention of Japanese-Americans and its impact before, during, and after World War II including those Japanese-Americans who served in the military and those who were interned in department of justice camps.
     (4) Applicants for grants under the program are encouraged to do each of the following:
     (a) Involve former detainees, those excluded from the military area, and their descendants in the development and implementation of projects;
     (b) Develop a strategy and plan for raising the level of awareness and understanding among the American public regarding the exclusion and detention of Japanese-Americans during World War II so that the causes and circumstances of this and similar events may be illuminated and understood;
     (c) Develop a strategy and plan for reaching the broad, multicultural population through project activities;
     (d) Develop local and regional consortia of organizations and individuals engaged in similar educational, research, and development efforts;
     (e) Coordinate and collaborate with organizations and individuals engaging in similar educational, research, and development endeavors to maximize the effect of grants;
     (f) Utilize creative and innovative methods and approaches in the research, development, and implementation of their projects;
     (g) Seek matching funds, in-kind contributions, or other sources of support to supplement their proposal;
     (h) Use a variety of media, including new technology, and the arts to creatively and strategically appeal to a broad audience while enhancing and enriching community-based educational efforts;
     (i) Include in the grant application, scholarly inquiry related to the variety of experiences and impact of the exclusion and detention of persons of Japanese ancestry during World War II; and
     (j) Add relevant materials to or catalogue relevant materials in libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides, oral histories, and other resource directories and supporting the continued development of scholarly work on this subject by making a broad range of archival, library, and research materials more accessible to the American public.
     (5) The superintendent of public instruction may adopt other criteria as it deems appropriate for its review of grant proposals. In reviewing projects for funding, scoring shall be based on an evaluation of all application materials including narratives, attachments, support letters, supplementary materials, and other materials that may be requested of applicants.
     (6)(a) In the review process, the superintendent of public instruction shall assign the following order of priority to the criteria set forth in subsection (3) of this section:
     (i) Subsection (3)(a) through (d) of this section, inclusive, shall be given highest priority; and
     (ii) Subsection (3)(e) ((through [and])) and (f) of this section, inclusive, shall be given second priority.
     (b) The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill its program and mission. Final grant awards may be for the full amount of the grant requests or for a portion of the grant request.
     (7) The superintendent of public instruction shall determine the types of applicants eligible to apply for grants under this program.
     (8) The office may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources according to their terms.
     (9) Except to the extent private funds are available, this section is suspended until July 1, 2013.

Sec. 11   RCW 28A.300.450 and 2009 c 443 s 1 are each amended to read as follows:
     (1) A financial education public-private partnership is established, composed of the following members:
     (a) Four members of the legislature, with one member from each caucus of the house of representatives appointed by the speaker of the house of representatives, and one member from each caucus of the senate appointed by the president of the senate;
     (b) Four representatives from the private for-profit and nonprofit financial services sector, including at least one representative from the jumpstart coalition, to be appointed by the governor;
     (c) Four teachers to be appointed by the superintendent of public instruction, with one each representing the elementary, middle, secondary, and postsecondary education sectors;
     (d) A representative from the department of financial institutions to be appointed by the director;
     (e) Two representatives from the office of the superintendent of public instruction, with one involved in curriculum development and one involved in teacher professional development, to be appointed by the superintendent.
     (2) The chair of the partnership shall be selected by the members of the partnership from among the legislative members.
     (3) To the extent funds are appropriated or are available for this purpose, the partnership may hire a staff person who shall reside in the office of the superintendent of public instruction for administrative purposes. Additional technical and logistical support may be provided by the office of the superintendent of public instruction, the department of financial institutions, the organizations composing the partnership, and other participants in the financial education public-private partnership.
     (4) The members of the partnership shall be appointed by August 1, 2009.
     (5) Legislative members of the partnership shall receive per diem and travel under RCW 44.04.120.
     (6) Travel and other expenses of members of the partnership shall be provided by the agency, association, or organization that member represents.
     (7) This section shall be implemented to the extent funds are available.
     (8) Except to the extent private funds are available, this section is suspended until July 1, 2013.

Sec. 12   RCW 28A.300.520 and 2009 c 578 s 9 are each amended to read as follows:
     (1) The superintendent of public instruction shall review current policies and assess the adequacy and availability of programs targeted at children who have a parent who is incarcerated in a department of corrections facility. The superintendent of public instruction shall adopt policies that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, including maintaining adequate academic progress, while reducing intergenerational incarceration.
     (2) To the extent funds are available, the superintendent shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section:
     (a) Gather information and data on the students who are the children of inmates incarcerated in department of corrections facilities; and
     (b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee.
     (3) This section is suspended until July 1, 2013.

Sec. 13   RCW 28A.320.080 and 1995 c 77 s 21 are each amended to read as follows:
     Every board of directors, unless otherwise specifically provided by law, shall:
     (1) Provide for the expenditure of a reasonable amount for suitable commencement exercises;
     (2) ((In addition to providing)) To the extent funds are available, provide free instruction in lip reading for children disabled by defective hearing((,)) and make arrangements for free instruction in lip reading to adults disabled by defective hearing whenever in its judgment such instruction appears to be in the best interests of the school district and adults concerned;
     (3) Join with boards of directors of other school districts or an educational service district pursuant to RCW 28A.310.180(3), or both such school districts and educational service district in buying supplies, equipment and services by establishing and maintaining a joint purchasing agency, or otherwise, when deemed for the best interests of the district, any joint agency formed hereunder being herewith authorized and empowered to issue interest bearing warrants in payment of any obligation owed: PROVIDED, HOWEVER, That those agencies issuing interest bearing warrants shall assign accounts receivable in an amount equal to the amount of the outstanding interest bearing warrants to the county treasurer issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the request of any one or more private schools requesting the agency to jointly buy supplies, equipment, and services including but not limited to school bus maintenance services, and, after considering such request, may cooperate with and jointly make purchases with private schools of supplies, equipment, and services, including but not limited to school bus maintenance services, so long as such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases;
     (4) Consider the request of any one or more private schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus maintenance services, and, after considering such request, may provide such joint purchasing services: PROVIDED, That such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and
     (5) Prepare budgets as provided for in chapter 28A.505 RCW.

Sec. 14   RCW 28A.320.160 and 2005 c 274 s 244 are each amended to read as follows:
     School districts must, at the first opportunity but in all cases within forty-eight hours of receiving a report alleging sexual misconduct by a school employee, notify the parents of a student alleged to be the victim, target, or recipient of the misconduct. ((School districts shall provide parents with)) The notification shall include information regarding ((their)) parents' rights under the public records act, chapter 42.56 RCW, to request the public records regarding school employee discipline. This information shall be provided to all parents on an annual basis. Providing online access to the information satisfies the requirements of this section unless a parent or guardian specifically requests information to be provided in written form.

Sec. 15   RCW 28A.345.020 and 1969 ex.s. c 223 s 28A.61.020 are each amended to read as follows:
     The membership of the school directors' association ((shall)) may comprise the members of the boards of directors of the school districts of the state.

Sec. 16   RCW 28A.345.050 and 1983 c 187 s 2 are each amended to read as follows:
     The school directors' association may establish a graduated schedule of dues for members of the association based upon the number of certificated personnel in each district. Dues shall be established for the directors of each district as a group. The total of all dues assessed shall not exceed twenty-seven cents for each one thousand dollars of the statewide total of all school districts' general fund receipts. The board of directors of a school district shall make provision for payment out of the general fund of the district of the dues of association members resident in the district, which payment shall be made in the manner provided by law for the payment of other claims against the general fund of the district. The dues for each member school district shall be due and payable on the first day of January of each year.

Sec. 17   RCW 28A.640.020 and 1994 c 213 s 1 are each amended to read as follows:
     (1) The superintendent of public instruction shall develop ((regulations)) rules and guidelines to eliminate sex discrimination as it applies to public school employment, counseling and guidance services to students, recreational and athletic activities for students, access to course offerings, and in textbooks and instructional materials used by students.
     (a) Specifically with respect to public school employment, all schools shall be required to:
     (i) Maintain credential requirements for all personnel without regard to sex;
     (ii) Make no differentiation in pay scale on the basis of sex;
     (iii) Assign school duties without regard to sex except where such assignment would involve duty in areas or situations, such as but not limited to a shower room, where persons might be disrobed;
     (iv) Provide the same opportunities for advancement to males and females; and
     (v) Make no difference in conditions of employment including, but not limited to, hiring practices, leaves of absence, hours of employment, and assignment of, or pay for, instructional and noninstructional duties, on the basis of sex.
     (b) Specifically with respect to counseling and guidance services for students, they shall be made available to all students equally. All certificated personnel shall be required to stress access to all career and vocational opportunities to students without regard to sex.
     (c) Specifically with respect to recreational and athletic activities, they shall be offered to all students without regard to sex. Schools may provide separate teams for each sex. Schools which provide the following shall do so with no disparities based on sex: Equipment and supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity and awards; scheduling of games and practice times including use of courts, gyms, and pools: PROVIDED, That such scheduling of games and practice times shall be determined by local administrative authorities after consideration of the public and student interest in attending and participating in various recreational and athletic activities. Each school which provides showers, toilets, or training room facilities for athletic purposes shall provide comparable facilities for both sexes. Such facilities may be provided either as separate facilities or shall be scheduled and used separately by each sex.
     The superintendent of public instruction shall also be required to develop a student survey to distribute every three years to each local school district in the state to determine student interest for male/female participation in specific sports.
     (d) Specifically with respect to course offerings, all classes shall be required to be available to all students without regard to sex: PROVIDED, That separation is permitted within any class during sessions on sex education or gym classes.
     (e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited to, reference books and audio-visual materials, they shall be required to adhere to the guidelines developed by the superintendent of public instruction to implement the intent of this chapter: PROVIDED, That this subsection shall not be construed to prohibit the introduction of material deemed appropriate by the instructor for educational purposes.
     (2)(a) By December 31, 1994, the superintendent of public instruction shall develop criteria for use by school districts in developing sexual harassment policies as required under (b) of this subsection. The criteria shall address the subjects of grievance procedures, remedies to victims of sexual harassment, disciplinary actions against violators of the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must conform with collective bargaining agreements and state and federal laws. The superintendent of public instruction also shall supply sample policies to school districts upon request.
     (b) By June 30, 1995, every school district shall adopt and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees, volunteers, parents, and students, including, but not limited to, conduct between students.
     (c) School district policies on sexual harassment shall be reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as part of the monitoring process established in RCW 28A.640.030.
     (d) The school district's sexual harassment policy shall be conspicuously posted throughout each school building, and provided to each employee. Employees may be provided the policy online. A copy of the policy shall appear in any publication of the school or school district setting forth the rules, ((regulations,)) procedures, and standards of conduct for the school or school district.
     (e) Each school shall develop a process for discussing the district's sexual harassment policy. The process shall ensure the discussion addresses the definition of sexual harassment and issues covered in the sexual harassment policy.
     (f) The office of the superintendent of public instruction shall not require annual training to address the policies of this section. Beginning in 2013, training may be offered every four years, except for new employees who shall receive training within the first year of their hire date.
     (g) "Sexual harassment" as used in this section means unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature if:
     (i) Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education or employment;
     (ii) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's education or employment; or
     (iii) That conduct or communication has the purpose or effect of substantially interfering with an individual's educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment.

Sec. 18   RCW 28A.655.061 and 2009 c 524 s 5 are each amended to read as follows:
     (1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (10) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
     (2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of RCW 28A.155.045 or 28A.655.0611, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
     (3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has taken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement.
     (4) Beginning no later than with the graduating class of 2013, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement. The state board of education may adopt a rule that implements the requirements of this subsection (4) beginning with a graduating class before the graduating class of 2013, if the state board of education adopts the rule by September 1st of the freshman school year of the graduating class to which the requirements of this subsection (4) apply. The state board of education's authority under this subsection (4) does not alter the requirement that any change in performance standards for the tenth grade assessment must comply with RCW 28A.305.130.
     (5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.
     (6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
     (7) School districts must make available to students the following options:
     (a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
     (b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.
     (8) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
     (9) Opportunities to retake the assessment at least twice a year shall be available to each school district.
     (10)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process for students' scores, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments in addition to those authorized in RCW 28A.655.065 or (b) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
     (b)(i) A student's score on the mathematics, reading or English, or writing portion of the SAT or the ACT may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the state standards for the certificate of academic achievement. The state board of education shall identify the scores students must achieve on the relevant portion of the SAT or ACT to meet or exceed the state standard in the relevant content area on the Washington assessment of student learning. The state board of education shall identify the first scores by December 1, 2007. After the first scores are established, the state board may increase but not decrease the scores required for students to meet or exceed the state standards.
     (ii) Until August 31, 2008, a student's score on the mathematics portion of the PSAT may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the state standard for the certificate of academic achievement. The state board of education shall identify the score students must achieve on the mathematics portion of the PSAT to meet or exceed the state standard in that content area on the Washington assessment of student learning.
     (iii) A student who scores at least a three on the grading scale of one to five for selected AP examinations may use the score as an objective alternative assessment under this section for demonstrating that a student has met or exceeded state standards for the certificate of academic achievement. A score of three on the AP examinations in calculus or statistics may be used as an alternative assessment for the mathematics portion of the Washington assessment of student learning. A score of three on the AP examinations in English language and composition may be used as an alternative assessment for the writing portion of the Washington assessment of student learning. A score of three on the AP examinations in English literature and composition, macroeconomics, microeconomics, psychology, United States history, world history, United States government and politics, or comparative government and politics may be used as an alternative assessment for the reading portion of the Washington assessment of student learning.
     (11) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
     (((12) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for and notify students and their parents or legal guardians as provided in this subsection (12).
     (a) Student learning plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year or who may not be on track to graduate due to credit deficiencies or absences. The parent or legal guardian shall be notified about the information in the student learning plan, preferably through a parent conference and at least annually. To the extent feasible, schools serving English language learner students and their parents shall translate the plan into the primary language of the family. The plan shall include the following information as applicable:
     (i) The student's results on the Washington assessment of student learning;
     (ii) If the student is in the transitional bilingual program, the score on his or her Washington language proficiency test II;
     (iii) Any credit deficiencies;
     (iv) The student's attendance rates over the previous two years;
     (v) The student's progress toward meeting state and local graduation requirements;
     (vi) The courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation;
     (vii) Remediation strategies and alternative education options available to students, including informing students of the option to continue to receive instructional services after grade twelve or until the age of twenty-one;
     (viii) The alternative assessment options available to students under this section and RCW 28A.655.065;
     (ix) School district programs, high school courses, and career and technical education options available for students to meet graduation requirements; and
     (x) Available programs offered through skill centers or community and technical colleges, including the college high school diploma options under RCW 28B.50.535.
     (b) All fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan.
     (i) The parent or guardian of the student shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
     (ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.))

Sec. 19   RCW 39.35D.040 and 2006 c 263 s 331 are each amended to read as follows:
     (1) All major facility projects of public school districts receiving any funding in a state capital budget must be designed and constructed to at least the LEED silver standard or the Washington sustainable school design protocol. To the extent appropriate LEED silver or Washington sustainable school design protocol standards exist for the type of building or facility, this subsection applies to major facility projects that have not received project approval from the superintendent of public instruction prior to: (a) July 1, 2006, for volunteering school districts; (b) July 1, 2007, for class one school districts; and (c) July 1, 2008, for class two school districts.
     (2) Public school districts under this section shall: (a) Monitor and document appropriate operating benefits and savings resulting from major facility projects designed and constructed as required under this section for a minimum of five years following local board acceptance of a project receiving state funding; and (b) report annually to the superintendent of public instruction. The form and content of each report must be mutually developed by the office of the superintendent of public instruction in consultation with school districts.
     (3) The superintendent of public instruction shall consolidate the reports required in subsection (2) of this section into one report and report to the governor and legislature by September 1st of each even-numbered year beginning in 2006 and ending in 2016. In its report, the superintendent of public instruction shall also report on the implementation of this chapter, including reasons why the LEED standard or Washington sustainable school design protocol was not used as required by RCW 39.35D.020(5)(b). The superintendent of public instruction shall make recommendations regarding the ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing this chapter.
     (4) The superintendent of public instruction shall develop and issue guidelines for administering this chapter for public school districts. The purpose of the guidelines is to define a procedure and method for employing and verifying compliance with the LEED silver standard or the Washington sustainable school design protocol.
     (5) The superintendent of public instruction shall utilize the school facilities advisory board as a high-performance buildings advisory committee comprised of affected public schools, the superintendent of public instruction, the department, and others at the superintendent of public instruction's discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the superintendent of public instruction implement this chapter.
     (6) School districts are required to comply with this section only to the extent federal or state funds are available.

NEW SECTION.  Sec. 20   The following acts or parts of acts are each repealed:
     (1) RCW 28A.210.130 (Immunization program -- Superintendent of public instruction to provide information) and 1990 c 33 s 197 & 1985 c 49 s 4;
     (2) RCW 28A.220.050 (Information on proper use of left-hand lane) and 1986 c 93 s 4;
     (3) RCW 28A.220.080 (Information on motorcycle awareness) and 2007 c 97 s 4 & 2004 c 126 s 1;
     (4) RCW 28A.220.085 (Information on driving safely among bicyclists and pedestrians) and 2008 c 125 s 4;
     (5) RCW 28A.230.150 (Temperance and Good Citizenship Day -- Aids in programming) and 1969 ex.s. c 223 s 28A.02.090;
     (6) RCW 28A.300.280 (Conflict resolution program) and 1994 sp.s. c 7 s 611; and
     (7) RCW 28A.320.185 (School gardens or farms) and 2008 c 215 s 7.

NEW SECTION.  Sec. 21   Sections 9 through 12 of this act expire July 1, 2013.

NEW SECTION.  Sec. 22   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.