State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 03/01/13.
AN ACT Relating to state-tribal education compact schools; amending RCW 49.60.400 and 84.52.0531; adding a new section to chapter 28A.642 RCW; adding a new section to chapter 43.215 RCW; adding a new chapter to Title 28A RCW; and providing expiration dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that:
(a) American Indian and Alaska Native students make up 2.5 percent
of the total student population in the state and twenty-five percent or
more of the student population in fifty-seven schools across the state.
(b) American Indian students in Washington have the highest annual
drop-out rate at 9.5 percent, compared to 4.6 percent of all students
in each of grades nine through twelve. Of the students expected to
graduate in 2010 because they entered the ninth grade in 2006, the
American Indian on-time graduation rate was only fifty-eight percent,
compared to 76.5 percent of all students.
(c) The teaching of American Indian language, culture, and history
are important to American Indian people and critical to the educational
attainment and achievement of American Indian children.
(d) The state-tribal education compacts authorized under this
chapter reaffirm the state's important commitment to government-to-government relationships with the tribes that has been recognized by
proclamation, and in the centennial accord and the millennium
agreement. These state-tribal education compacts build upon the
efforts highlighted by the office of the superintendent of public
instruction in its 2012 Centennial Accord Agency Highlights, including:
The Since Time Immemorial (STI): Tribal Sovereignty in Washington
State Curriculum Project that imbeds the history surrounding
sovereignty and intergovernmental responsibilities into this state's
classrooms; the agency's regular meetings with the superintendents of
the seven current tribal schools, as well as the federal bureau of
Indian education representatives at the regional and national level on
issues relating to student academic achievement, accessing of funding
for tribal schools, and connecting tribal schools to the K-20 network;
and the recent establishment, in statute, of the office of native
education within the office of the superintendent of public
instruction.
(e) School funding should honor tribal sovereignty and reflect the
government-to-government relationship between the state and the tribes,
however the current structure that requires negotiation of an
interlocal agreement between a school district and a tribal school
ignores tribal sovereignty and results in a siphoning of funds for
administration that could be better used for teaching and learning.
(2) The legislature further finds that:
(a) The need for high-quality, culturally competent early learning
opportunities continues to grow;
(b) There is a preparation gap among entering kindergartners with
many children, especially those from low-income homes, arriving at
kindergarten without the knowledge, skills, and good health necessary
to succeed in school;
(c) Upon entry into the K-12 school system, the educational
opportunity gap becomes more evident, with children of color and from
low-income homes having lower scores on math, reading, and writing
standardized tests, as well as lower graduation rates and higher rates
of dropping out of school; and
(d) Comprehensive, culturally competent early learning and greater
collaboration between the early learning and K-12 school systems will
ensure appropriate connections and smoother transitions for children,
and help eliminate or bridge gaps that might otherwise develop.
(3) In light of these findings, it is the intent and purpose of the
legislature to:
(a) Authorize the superintendent of public instruction to enter
into state-tribal education compacts; and
(b) Foster the development of a voluntary, high-quality, and
culturally competent early learning pilot program to work in
conjunction with, and offer a seamless transition to, schools
established pursuant to state-tribal education compacts.
NEW SECTION. Sec. 2 (1) The superintendent of public instruction
is authorized to enter into state-tribal education compacts.
(2) No later than six months after the effective date of this
section, the superintendent of public instruction shall establish an
application and approval process, procedures, and timelines for the
negotiation, approval or disapproval, and execution of state-tribal
education compacts.
(3) The process may be initiated by submission, to the
superintendent of public instruction, of a resolution by:
(a) The governing body of a tribe in the state of Washington; or
(b) The governing body of any of the schools in Washington that are
currently funded by the federal bureau of Indian affairs, whether
directly or through a contract or compact with an Indian tribe or a
tribal consortium.
(4) The resolution must be accompanied by an application that
indicates the grade or grades from kindergarten through twelve that
will be offered and that demonstrates that the school will be operated
in compliance with all applicable laws, the rules adopted thereunder,
and the terms and conditions set forth in the application.
(5) Within ninety days of receipt of a resolution and application
under this section, the superintendent must convene a government-to-government meeting for the purpose of considering the resolution and
application and initiating negotiations.
(6) State-tribal education compacts must include provisions
regarding:
(a) Compliance;
(b) Notices of violation;
(c) Dispute resolution, which may include nonjudicial processes
such as mediation;
(d) Recordkeeping and auditing;
(e) The delineation of the respective roles and responsibilities;
(f) The term or length of the contract, and whether or not it is
renewable; and
(g) Provisions for compact termination.
(7) The superintendent of public instruction shall adopt such rules
as are necessary to implement this chapter.
NEW SECTION. Sec. 3 (1) A school that is the subject of a state-tribal education compact must operate according to the terms of its
compact executed in accordance with section 2 of this act.
(2) Schools that are the subjects of state-tribal education
compacts are exempt from all state statutes and rules applicable to
school districts and school district boards of directors, except those
statutes and rules made applicable under this chapter and in the state-tribal education compact executed under section 2 of this act.
(3) Each school that is the subject of a state-tribal education
compact must:
(a) Provide a curriculum and conduct an educational program that
satisfies the requirements of RCW 28A.150.200 through 28A.150.240 and
28A.230.010 through 28A.230.195;
(b) Employ certificated instructional staff as required in RCW
28A.410.010, however such schools may hire noncertificated
instructional staff of unusual competence and in exceptional cases as
specified in RCW 28A.150.203(7);
(c) Comply with the employee record check requirements in RCW
28A.400.303 and the mandatory termination and notification provisions
of RCW 28A.400.320, 28A.400.330, 28A.405.470, and 28A.405.475;
(d) Comply with nondiscrimination laws;
(e) Adhere to generally accepted accounting principles and be
subject to financial examinations and audits as determined by the state
auditor, including annual audits for legal and fiscal compliance; and
(f) Be subject to and comply with legislation enacted after the
effective date of this section governing the operation and management
of schools that are the subject of a state-tribal education compact.
(4) No such school may engage in any sectarian practices in its
educational program, admissions or employment policies, or operations.
(5) Nothing in this chapter may limit or restrict any enrollment or
school choice options otherwise available under Title 28A RCW.
NEW SECTION. Sec. 4 (1) A school that is the subject of a state-tribal education compact may not charge tuition except to the same
extent as school districts may be permitted to do so with respect to
out-of-state and adult students pursuant to chapter 28A.225 RCW, but
may charge fees for participation in optional extracurricular events
and activities.
(2) Such schools may not limit admission on any basis other than
age group, grade level, or capacity and must otherwise enroll all
students who apply.
(3) If capacity is insufficient to enroll all students who apply,
a school that is the subject of a state-tribal education compact may
prioritize the enrollment of tribal members and siblings of already
enrolled students.
NEW SECTION. Sec. 5 (1) A school that is the subject of a state-tribal education compact must report student enrollment. Reporting
must be done in the same manner and use the same definitions of
enrolled students and annual average full-time equivalent enrollment as
is required of school districts. The reporting requirements in this
subsection are required for a school to receive state or federal
funding that is allocated based on student characteristics.
(2) Funding for a school that is the subject of a state-tribal
education compact shall be apportioned by the superintendent of public
instruction according to the schedule established under RCW
28A.510.250, including general apportionment, special education,
categorical, and other nonbasic education moneys. Allocations for
certificated instructional staff must be based on the average staff mix
ratio of the school, as calculated by the superintendent of public
instruction using the statewide salary allocation schedule and related
documents, conditions, and limitations established by the omnibus
appropriations act. Allocations for classified staff and certificated
administrative staff must be based on the salary allocations of the
school district in which the school is located, subject to conditions
and limitations established by the omnibus appropriations act. Nothing
in this section requires a school that is the subject of a state-tribal
education compact to use the statewide salary allocation schedule.
Such a school is eligible to apply for state grants on the same basis
as a school district.
(3) Any moneys received by a school that is the subject of a state-tribal education compact from any source that remain in the school's
accounts at the end of any budget year must remain in the school's
accounts for use by the school during subsequent budget years.
(4) Schools that are the subject of state-tribal education compacts
are encouraged to conduct early learning pilot programs developed under
section 9 of this act in conjunction with their school programs for
kindergarten and beyond.
NEW SECTION. Sec. 6 A new section is added to chapter 28A.642
RCW to read as follows:
Nothing in this chapter prohibits schools established under chapter
28A.--- RCW (the new chapter created in section 10 of this act) from:
(1) Implementing a policy of Indian preference in employment; or
(2) Prioritizing the admission of tribal members where capacity of
the school's programs or facilities is not as large as demand.
Sec. 7 RCW 49.60.400 and 1999 c 3 s 1 are each amended to read as
follows:
(1) The state shall not discriminate against, or grant preferential
treatment to, any individual or group on the basis of race, sex, color,
ethnicity, or national origin in the operation of public employment,
public education, or public contracting.
(2) This section applies only to action taken after December 3,
1998.
(3) This section does not affect any law or governmental action
that does not discriminate against, or grant preferential treatment to,
any individual or group on the basis of race, sex, color, ethnicity, or
national origin.
(4) This section does not affect any otherwise lawful
classification that:
(a) Is based on sex and is necessary for sexual privacy or medical
or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video,
audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent
decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be taken to
establish or maintain eligibility for any federal program, if
ineligibility would result in a loss of federal funds to the state.
(7) Nothing in this section prohibits schools established under
chapter 28A.--- RCW (the new chapter created in section 10 of this act)
from:
(a) Implementing a policy of Indian preference in employment; or
(b) Prioritizing the admission of tribal members where capacity of
the school's programs or facilities is not as large as demand.
(8) For the purposes of this section, "state" includes, but is not
necessarily limited to, the state itself, any city, county, public
college or university, community college, school district, special
district, or other political subdivision or governmental
instrumentality of or within the state.
(((8))) (9) The remedies available for violations of this section
shall be the same, regardless of the injured party's race, sex, color,
ethnicity, or national origin, as are otherwise available for
violations of Washington antidiscrimination law.
(((9))) (10) This section shall be self-executing. If any part or
parts of this section are found to be in conflict with federal law, the
United States Constitution, or the Washington state Constitution, the
section shall be implemented to the maximum extent that federal law,
the United States Constitution, and the Washington state Constitution
permit. Any provision held invalid shall be severable from the
remaining portions of this section.
Sec. 8 RCW 84.52.0531 and 2012 1st sp.s. c 10 s 8 are each
amended to read as follows:
The maximum dollar amount which may be levied by or for any school
district for maintenance and operation support under the provisions of
RCW 84.52.053 shall be determined as follows:
(1) For excess levies for collection in calendar year 1997, the
maximum dollar amount shall be calculated pursuant to the laws and
rules in effect in November 1996.
(2) For excess levies for collection in calendar year 1998 and
thereafter, the maximum dollar amount shall be the sum of (a) plus or
minus (b), (c), and (d) of this subsection minus (e) of this
subsection:
(a) The district's levy base as defined in subsections (3) and (4)
of this section multiplied by the district's maximum levy percentage as
defined in subsection (((6))) (7) of this section;
(b) For districts in a high/nonhigh relationship, the high school
district's maximum levy amount shall be reduced and the nonhigh school
district's maximum levy amount shall be increased by an amount equal to
the estimated amount of the nonhigh payment due to the high school
district under RCW 28A.545.030(3) and 28A.545.050 for the school year
commencing the year of the levy;
(c) Except for nonhigh districts under (d) of this subsection, for
districts in an interdistrict cooperative agreement, the nonresident
school district's maximum levy amount shall be reduced and the resident
school district's maximum levy amount shall be increased by an amount
equal to the per pupil basic education allocation included in the
nonresident district's levy base under subsection (3) of this section
multiplied by:
(i) The number of full-time equivalent students served from the
resident district in the prior school year; multiplied by:
(ii) The serving district's maximum levy percentage determined
under subsection (((6))) (7) of this section; increased by:
(iii) The percent increase per full-time equivalent student as
stated in the state basic education appropriation section of the
biennial budget between the prior school year and the current school
year divided by fifty-five percent;
(d) The levy bases of nonhigh districts participating in an
innovation academy cooperative established under RCW 28A.340.080 shall
be adjusted by the office of the superintendent of public instruction
to reflect each district's proportional share of student enrollment in
the cooperative;
(e) The district's maximum levy amount shall be reduced by the
maximum amount of state matching funds for which the district is
eligible under RCW 28A.500.010.
(3) For excess levies for collection in calendar year 2005 and
thereafter, a district's levy base shall be the sum of allocations in
(a) through (c) of this subsection received by the district for the
prior school year and the amounts determined under subsection (4) of
this section, including allocations for compensation increases, plus
the sum of such allocations multiplied by the percent increase per full
time equivalent student as stated in the state basic education
appropriation section of the biennial budget between the prior school
year and the current school year and divided by fifty-five percent. A
district's levy base shall not include local school district property
tax levies or other local revenues, or state and federal allocations
not identified in (a) through (c) of this subsection.
(a) The district's basic education allocation as determined
pursuant to RCW 28A.150.250, 28A.150.260, and 28A.150.350;
(b) State and federal categorical allocations for the following
programs:
(i) Pupil transportation;
(ii) Special education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited to learning
assistance, migrant education, Indian education, refugee programs, and
bilingual education;
(v) Food services; and
(vi) Statewide block grant programs; and
(c) Any other federal allocations for elementary and secondary
school programs, including direct grants, other than federal impact aid
funds and allocations in lieu of taxes.
(4) For levy collections in calendar years 2005 through 2017, in
addition to the allocations included under subsection (3)(a) through
(c) of this section, a district's levy base shall also include the
following:
(a)(i) For levy collections in calendar year 2010, the difference
between the allocation the district would have received in the current
school year had RCW 84.52.068 not been amended by chapter 19, Laws of
2003 1st sp. sess. and the allocation the district received in the
current school year pursuant to RCW 28A.505.220;
(ii) For levy collections in calendar years 2011 through 2017, the
allocation rate the district would have received in the prior school
year using the Initiative 728 rate multiplied by the full-time
equivalent student enrollment used to calculate the Initiative 728
allocation for the prior school year; and
(b) The difference between the allocations the district would have
received the prior school year using the Initiative 732 base and the
allocations the district actually received the prior school year
pursuant to RCW 28A.400.205.
(5) For levy collections in calendar years 2011 through 2017, in
addition to the allocations included under subsections (3)(a) through
(c) and (4)(a) and (b) of this section, a district's levy base shall
also include the difference between an allocation of fifty-three and
two-tenths certificated instructional staff units per thousand full-time equivalent students in grades kindergarten through four enrolled
in the prior school year and the allocation of certificated
instructional staff units per thousand full-time equivalent students in
grades kindergarten through four that the district actually received in
the prior school year, except that the levy base for a school district
whose allocation in the 2009-10 school year was less than fifty-three
and two-tenths certificated instructional staff units per thousand
full-time equivalent students in grades kindergarten through four shall
include the difference between the allocation the district actually
received in the 2009-10 school year and the allocation the district
actually received in the prior school year.
(6) For levy collections beginning in calendar year 2014 and
thereafter, in addition to the allocations included under subsections
(3)(a) through (c), (4)(a) and (b), and (5) of this section, a
district's levy base shall also include the funds allocated by the
superintendent of public instruction under section 5 of this act to a
school that is the subject of a state-tribal education compact and that
formerly contracted with the school district to provide educational
services through an interlocal agreement and received funding from the
district.
(7)(a) A district's maximum levy percentage shall be twenty-four
percent in 2010 and twenty-eight percent in 2011 through 2017 and
twenty-four percent every year thereafter;
(b) For qualifying districts, in addition to the percentage in (a)
of this subsection the grandfathered percentage determined as follows:
(i) For 1997, the difference between the district's 1993 maximum
levy percentage and twenty percent; and
(ii) For 2011 through 2017, the percentage calculated as follows:
(A) Multiply the grandfathered percentage for the prior year times
the district's levy base determined under subsection (3) of this
section;
(B) Reduce the result of (b)(ii)(A) of this subsection by any levy
reduction funds as defined in subsection (((7))) (8) of this section
that are to be allocated to the district for the current school year;
(C) Divide the result of (b)(ii)(B) of this subsection by the
district's levy base; and
(D) Take the greater of zero or the percentage calculated in
(b)(ii)(C) of this subsection.
(((7))) (8) "Levy reduction funds" shall mean increases in state
funds from the prior school year for programs included under
subsections (3) and (4) of this section: (a) That are not attributable
to enrollment changes, compensation increases, or inflationary
adjustments; and (b) that are or were specifically identified as levy
reduction funds in the appropriations act. If levy reduction funds are
dependent on formula factors which would not be finalized until after
the start of the current school year, the superintendent of public
instruction shall estimate the total amount of levy reduction funds by
using prior school year data in place of current school year data.
Levy reduction funds shall not include moneys received by school
districts from cities or counties.
(((8))) (9) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Prior school year" means the most recent school year completed
prior to the year in which the levies are to be collected.
(b) "Current school year" means the year immediately following the
prior school year.
(c) "Initiative 728 rate" means the allocation rate at which the
student achievement program would have been funded under chapter 3,
Laws of 2001, if all annual adjustments to the initial 2001 allocation
rate had been made in previous years and in each subsequent year as
provided for under chapter 3, Laws of 2001.
(d) "Initiative 732 base" means the prior year's state allocation
for annual salary cost-of-living increases for district employees in
the state-funded salary base as it would have been calculated under
chapter 4, Laws of 2001, if each annual cost-of-living increase
allocation had been provided in previous years and in each subsequent
year.
(((9))) (10) Funds collected from transportation vehicle fund tax
levies shall not be subject to the levy limitations in this section.
(((10))) (11) The superintendent of public instruction shall
develop rules and inform school districts of the pertinent data
necessary to carry out the provisions of this section.
(((11))) (12) For calendar year 2009, the office of the
superintendent of public instruction shall recalculate school district
levy authority to reflect levy rates certified by school districts for
calendar year 2009.
NEW SECTION. Sec. 9 A new section is added to chapter 43.215 RCW
to read as follows:
(1) The department of early learning shall convene a working group
to develop and pilot programs of early learning from birth to
kindergarten that work in conjunction with, and offer a seamless
transition to, K-12 education programs for kindergarten and beyond in
schools that are the subjects of state-tribal education compacts. The
director of the department of early learning or a designee shall serve
as the chair of the working group.
(2) The working group shall include:
(a) Three representatives from tribes; and
(b) Three representatives selected and appointed by the director of
the department of early learning.
(3) The early learning working group shall develop recommended
parameters and minimum standards for the early learning pilot programs.
(4) The early learning working group shall also examine service
delivery models and make recommendations with respect to funding
options for enabling schools that are the subjects of state-tribal
education compacts to provide, or contract for the provision of, these
early learning services to children from birth to kindergarten.
(5) Recommendations under subsections (3) and (4) of this section
are due no later than six months after the effective date of this
section.
(6) The department of early learning, in consultation with the
superintendent of public instruction and any participants in a pilot
program under section 5(4) of this act, shall submit a preliminary
report to the education and early learning committees of the
legislature regarding the implementation and progress of the early
learning pilot program by December 1, 2017, with a final report due by
December 1, 2022. The final report must include:
(a) An evaluative component that analyzes and compares measurements
on tools, tests, and markers such as the Washington kindergarten
inventory of developing skills, third grade reading, and high school
graduation to determine whether the early learning pilot programs
affiliated with schools that are the subject of state-tribal education
compacts are effectively closing the educational opportunity gap; and
(b) Recommendations with respect to whether the pilot program
should be made permanent or expanded.
(7) This section expires August 1, 2023.
NEW SECTION. Sec. 10 Sections 1 through 5 of this act constitute
a new chapter in Title
NEW SECTION. Sec. 11 Section 8 of this act expires January 1,
2018.