BILL REQ. #: H-0258.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/16/13. Referred to Committee on Community Development, Housing & Tribal Affairs.
AN ACT Relating to state-tribal education compact schools; amending RCW 49.60.400; 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 an expiration date.
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 millenium 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; and
(e) 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.
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 allocated 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 must be
based on the statewide average staff mix ratio of all public schools
from the prior school year and the school's actual full-time equivalent
enrollment. A school that is the subject of a state-tribal education
compact is not eligible for enhanced small school assistance funding.
Such a school is eligible to apply for state grants on the same basis
as a school district.
(3) In the school's first year of operation under a compact
executed under section 2 of this act, amounts payable must be based on
the projections of first-year student enrollment established in the
compact. The office of the superintendent of public instruction must
reconcile the amounts paid in the first year of operation to the
amounts that would have been paid based on actual student enrollment
and make adjustments to the school's allocations over the course of the
second year of operation.
(4) 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.
(5) Schools that are the subject of state-tribal education compacts
are encouraged to conduct early learning pilot programs developed under
section 8 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 9 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 9 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.
NEW SECTION. Sec. 8 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(5) 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. 9 Sections 1 through 5 of this act constitute
a new chapter in Title