SSB 5242 -
By Senator Litzow
ADOPTED 06/09/2013
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 28A.657
RCW to read as follows:
(1) In addition to the accountability processes implemented under
this chapter, the state board of education must use the Washington
achievement index to identify all the school districts that during the
previous two school years did not make progress in closing the
opportunity gaps in any of the individual subgroups of students or did
not make progress in closing the overall opportunity gap within the
district. The state board of education shall provide the list of
school districts to the office of the superintendent of public
instruction by December 1st of each year. The superintendent shall
notify each school district of the identification by January 1st of
each year.
(2) School districts identified under subsection (1) of this
section must implement staff assignment policies pursuant to section 2
of this act even if not identified in subsequent years.
NEW SECTION. Sec. 2 A new section is added to chapter 28A.405
RCW to read as follows:
(1) School districts identified and notified pursuant to section 1
of this act must implement the staff assignment policy in this section.
(2) For the purposes of this section:
(a) "Certificated instructional staff" means classroom teachers and
educational staff associates;
(b) "Displaced" means a certificated instructional staff member
assigned to a particular school no longer has an assignment to that
school as a result of a request for reassignment by the certificated
instructional staff member, a principal, or the district
administration; change in program; change in enrollment; or
implementation of a state or federal accountability intervention model.
As provided under RCW 28A.405.100(4)(b), a certificated instructional
staff member may not be displaced during a probationary period to the
supervision of an individual other than the original evaluator; and
(c) "Nonprovisional" means a certificated instructional staff
member who does not fall under the provisions of RCW 28A.405.220.
(3) A nonprovisional certificated instructional staff member may be
assigned to a particular school only with the agreement of the
principal and the staff member being assigned. The principal shall
receive input on assignment decisions from at least two teachers
employed at the school and chosen by the faculty of teachers at the
school to represent them in the hiring process. As provided under RCW
28A.405.100(8), evaluation results must be used as one of multiple
factors in the consideration of an agreement to an assignment beginning
with the 2015-16 school year. A district superintendent or the
district superintendent's designee may override up to two staff
assignment agreements in a given school year.
(4) If an assignment cannot be found, the superintendent or
designee may assign the displaced nonprovisional certificated
instructional staff member to a temporary position, including a
substitute assignment, an instructional support position, a position in
a district office, or other position.
(5) If a displaced nonprovisional certificated instructional staff
member is not assigned to a nontemporary position by May 15th of the
school year following the displacement, the school district shall place
the displaced nonprovisional certificated instructional staff member on
unpaid leave until such time as the displaced nonprovisional
certificated instructional staff member is able to secure an
assignment. If the displaced nonprovisional certificated instructional
staff member secures an assignment while placed on unpaid leave that is
substantially similar to their assignment prior to their displacement,
the school district shall reinstate the displaced nonprovisional
certificated instructional staff member's salary and benefits at the
level they would have been if the nonprovisional certificated
instructional staff member had not been placed on unpaid leave.
NEW SECTION. Sec. 3 A new section is added to chapter 41.59 RCW
to read as follows:
Sections 1 and 2 of this act do not affect or impair any collective
bargaining agreements between an employer and educational employees or
employee organization under this chapter in effect on the effective
date of this section. All collective bargaining agreements entered
into between a school district employer and school district employees
under this chapter after the effective date of this section, and
bargaining agreements existing on the effective date of this section
but renewed or extended after the effective date of this section, must
be consistent with sections 1 and 2 of this act.
NEW SECTION. Sec. 4 The secretary of state shall submit this act
to the people for their adoption and ratification, or rejection, at the
next general election to be held in this state, in accordance with
Article II, section 1 of the state Constitution and the laws adopted to
facilitate its operation."
SSB 5242 -
By Senator Litzow
ADOPTED 06/09/2013
On page 1, beginning on line 1 of the title, after "to" strike the remainder of the title and insert "principal empowerment; adding a new section to chapter 28A.657 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 41.59 RCW; and providing for submission of this act to a vote of the people."
EFFECT: The following changes are made to the underlying bill:
If a displaced nonprovisional certificated instructional staff
member is not assigned to a nontemporary position by May 15th of the
school year following their displacement, then the school district
shall place that staffer on unpaid leave until the staffer can obtain
a new assignment.
If the staffer's new assignment is substantially similar to their
assignment prior to their displacement, the school district shall
reinstate the displaced staff member's salary and benefits at the level
they would have been if the staffer had not been placed on unpaid
leave.
The following provisions are added to the underlying bill:
The State Board of Education is required to use the Washington
Achievement Index to identify all school districts that during the
previous two school years did not make progress in closing the
opportunity gap. The State Board of Education will provide a list of
those districts annually to the Office of the Superintendent of Public
Instruction, who shall notify each school district of the
identification.
Each identified school district is required to implement the staff
assignment policy created by the act for two years after the school
year in which the district is identified.
Each identified school district is required to implement the staff
assignment policy created by the act.
In each school year, a district superintendent or their designee
may override up to two staff assignment agreements between a principal
and displaced certificated instructional staff.
All collective bargaining agreements entered into between a school
district employer and school district employees after the effective
date of this section, and bargaining agreements existing on the
effective date but renewed or extended after the effective date, must
be consistent with this act.
A referendum clause is added.