State of Washington | 63rd Legislature | 2013 2nd Special Session |
READ FIRST TIME 04/24/13.
AN ACT Relating to implementation of basic education expenditures; amending RCW 28A.150.220, 28A.180.030, 28A.180.040, 82.16.020, and 82.18.040; reenacting and amending RCW 43.135.045 and 82.45.060; creating a new section; providing effective dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature intends to fund a plan to
carry out the reforms enacted in chapter 548, Laws of 2009, and chapter
236, Laws of 2010, and to make the statutory changes necessary to
support this plan.
Sec. 2 RCW 28A.150.220 and 2013 c 323 s 2 are each amended to
read as follows:
(1) In order for students to have the opportunity to develop the
basic education knowledge and skills under RCW 28A.150.210, school
districts must provide instruction of sufficient quantity and quality
and give students the opportunity to complete graduation requirements
that are intended to prepare them for postsecondary education, gainful
employment, and citizenship. The program established under this
section shall be the minimum instructional program of basic education
offered by school districts.
(2) Each school district shall make available to students the
following minimum instructional offering each school year:
(a) For students enrolled in grades one through twelve, at least a
district-wide annual average of one thousand hours, which shall be
increased to at least one thousand eighty instructional hours for
students enrolled in each of grades seven through twelve and at least
one thousand instructional hours for students in each of grades one
through six according to an implementation schedule adopted by the
legislature, but not before the 2014-15 school year; and
(b) For students enrolled in kindergarten, at least four hundred
fifty instructional hours, which shall be increased to at least one
thousand instructional hours according to the implementation schedule
under RCW 28A.150.315.
(3) The instructional program of basic education provided by each
school district shall include:
(a) Instruction in the essential academic learning requirements
under RCW 28A.655.070;
(b) Instruction that provides students the opportunity to complete
twenty-four credits for high school graduation, subject to a phased-in
implementation of the twenty-four credits as established by the
legislature. Course distribution requirements may be established by
the state board of education under RCW 28A.230.090;
(c) If the essential academic learning requirements include a
requirement of languages other than English, the requirement may be met
by students receiving instruction in one or more American Indian
languages;
(d) Supplemental instruction and services for underachieving
students through the learning assistance program under RCW 28A.165.005
through 28A.165.065;
(e) Supplemental instruction and services for eligible and enrolled
students and exited students whose primary language is other than
English through the transitional bilingual instruction program under
RCW 28A.180.010 through 28A.180.080;
(f) The opportunity for an appropriate education at public expense
as defined by RCW 28A.155.020 for all eligible students with
disabilities as defined in RCW 28A.155.020; and
(g) Programs for highly capable students under RCW 28A.185.010
through 28A.185.030.
(4) Nothing contained in this section shall be construed to require
individual students to attend school for any particular number of hours
per day or to take any particular courses.
(5) Each school district's kindergarten through twelfth grade basic
educational program shall be accessible to all students who are five
years of age, as provided by RCW 28A.225.160, and less than twenty-one
years of age and shall consist of a minimum of one hundred eighty
school days per school year in such grades as are conducted by a school
district, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten, to be increased to a minimum of one
hundred eighty school days per school year according to the
implementation schedule under RCW 28A.150.315. However, schools
administering the Washington kindergarten inventory of developing
skills may use up to three school days at the beginning of the school
year to meet with parents and families as required in the parent
involvement component of the inventory. In addition, effective May 1,
1979, a school district may schedule the last five school days of the
one hundred and eighty day school year for noninstructional purposes in
the case of students who are graduating from high school, including,
but not limited to, the observance of graduation and early release from
school upon the request of a student, and all such students may be
claimed as a full-time equivalent student to the extent they could
otherwise have been so claimed for the purposes of RCW 28A.150.250 and
28A.150.260.
(6) Nothing in this section precludes a school district from
enriching the instructional program of basic education, such as
offering additional instruction or providing additional services,
programs, or activities that the school district determines to be
appropriate for the education of the school district's students.
(7) The state board of education shall adopt rules to implement and
ensure compliance with the program requirements imposed by this
section, RCW 28A.150.250 and 28A.150.260, and such related supplemental
program approval requirements as the state board may establish.
Sec. 3 RCW 28A.180.030 and 2001 1st sp.s. c 6 s 3 are each
amended to read as follows:
As used throughout this chapter, unless the context clearly
indicates otherwise:
(1) "Transitional bilingual instruction" means:
(a) A system of instruction which uses two languages, one of which
is English, as a means of instruction to build upon and expand language
skills to enable the pupil to achieve competency in English. Concepts
and information are introduced in the primary language and reinforced
in the second language: PROVIDED, That the program shall include
testing in the subject matter in English; or
(b) In those cases in which the use of two languages is not
practicable as established by the superintendent of public instruction
and unless otherwise prohibited by law, an alternative system of
instruction which may include English as a second language and is
designed to enable the pupil to achieve competency in English.
(2) "Primary language" means the language most often used by the
student for communication in his/her home.
(3) "Eligible pupil" means any enrollee of the school district
whose primary language is other than English and whose English language
skills are sufficiently deficient or absent to impair learning.
(4) "Exited pupil" means a student previously enrolled in the
transitional bilingual instruction program who is no longer eligible
for the program based on his or her performance on an English
proficiency assessment approved by the superintendent of public
instruction.
Sec. 4 RCW 28A.180.040 and 2009 c 380 s 5 are each amended to
read as follows:
(1) Every school district board of directors shall:
(a) Make available to each eligible pupil transitional bilingual
instruction to achieve competency in English, in accord with rules of
the superintendent of public instruction;
(b) Wherever feasible, ensure that communications to parents
emanating from the schools shall be appropriately bilingual for those
parents of pupils in the bilingual instruction program;
(c) Determine, by administration of an English test approved by the
superintendent of public instruction the number of eligible pupils
enrolled in the school district at the beginning of a school year and
thereafter during the year as necessary in individual cases;
(d) Ensure that a student who is a child of a military family in
transition and who has been assessed as in need of, or enrolled in, a
bilingual instruction program, the receiving school shall initially
honor placement of the student into a like program.
(i) The receiving school shall determine whether the district's
program is a like program when compared to the sending school's
program; and
(ii) The receiving school may conduct subsequent assessments
pursuant to RCW 28A.180.090 to determine appropriate placement and
continued enrollment in the program;
(e) Before the conclusion of each school year, measure each
eligible pupil's improvement in learning the English language by means
of a test approved by the superintendent of public instruction; ((and))
(f) Provide in-service training for teachers, counselors, and other
staff, who are involved in the district's transitional bilingual
program. Such training shall include appropriate instructional
strategies for children of culturally different backgrounds, use of
curriculum materials, and program models; and
(g) Make available a program of instructional support for up to two
years immediately after pupils exit from the program, for exited pupils
who need assistance in reaching grade-level performance in academic
subjects even though they have achieved English proficiency for
purposes of the transitional bilingual instructional program.
(2) The definitions in Article II of RCW 28A.705.010 apply to
subsection (1)(d) of this section.
Sec. 5 RCW 43.135.045 and 2012 2nd sp.s. c 5 s 1 and 2012 1st
sp.s. c 10 s 5 are each reenacted and amended to read as follows:
The education construction fund is hereby created in the state
treasury.
(1) Funds may be appropriated from the education construction fund
exclusively for common school construction or higher education
construction. ((During the 2007-2009 fiscal biennium, funds may also
be used for higher education facilities preservation and maintenance.
During the 2009-2011 and 2011-2013 fiscal biennia, the legislature may
transfer from the education construction fund to the state general fund
such amounts as reflect the excess fund balance of the fund.))
(2) Funds may be appropriated for any other purpose only if
approved by a two-thirds vote of each house of the legislature and if
approved by a vote of the people at the next general election. An
appropriation approved by the people under this subsection must result
in an adjustment to the state expenditure limit only for the fiscal
period for which the appropriation is made and does not affect any
subsequent fiscal period.
(((3) After July 1, 2010, the state treasurer must transfer one
hundred two million dollars from the general fund to the education
construction fund by June 30th of each year. However, the transfers
may not take place in the fiscal biennium ending June 30, 2015.))
Sec. 6 RCW 82.45.060 and 2011 1st sp.s. c 50 s 975 and 2011 1st
sp.s. c 48 s 7035 are each reenacted and amended to read as follows:
There is imposed an excise tax upon each sale of real property at
the rate of one and twenty-eight one-hundredths percent of the selling
price. Beginning July 1, 2013, and ending June 30, 2019, an amount
equal to two percent of the proceeds of this tax must be deposited in
the public works assistance account created in RCW 43.155.050, and an
amount equal to four and one-tenth percent must be deposited in the
education legacy trust account created in RCW 83.100.230. Thereafter,
an amount equal to six and one-tenth percent of the proceeds of this
tax to the state treasurer must be deposited in the public works
assistance account created in RCW 43.155.050((: PROVIDED, That during
the fiscal year 2011, six and one-tenth percent of the proceeds of this
tax must be deposited in the general fund for general purpose
expenditures)). Except as otherwise provided in this section, an
amount equal to one and six-tenths percent of the proceeds of this tax
to the state treasurer must be deposited in the city-county assistance
account created in RCW 43.08.290. ((During the 2011-2013 fiscal
biennium, 1.546 percent of the proceeds of this tax to the state
treasurer must be deposited in the city-county assistance account.))
Sec. 7 RCW 82.16.020 and 2011 1st sp.s. c 48 s 7033 are each
amended to read as follows:
(1) There is levied and there shall be collected from every person
a tax for the act or privilege of engaging within this state in any one
or more of the businesses herein mentioned. The tax shall be equal to
the gross income of the business, multiplied by the rate set out after
the business, as follows:
(a) Express, sewerage collection, and telegraph businesses: Three
and six-tenths percent;
(b) Light and power business: Three and sixty-two one-hundredths
percent;
(c) Gas distribution business: Three and six-tenths percent;
(d) Urban transportation business: Six-tenths of one percent;
(e) Vessels under sixty-five feet in length, except tugboats,
operating upon the waters within the state: Six-tenths of one percent;
(f) Motor transportation, railroad, railroad car, and tugboat
businesses, and all public service businesses other than ones mentioned
above: One and eight-tenths of one percent;
(g) Water distribution business: Four and seven-tenths percent.
(2) An additional tax is imposed equal to the rate specified in RCW
82.02.030 multiplied by the tax payable under subsection (1) of this
section.
(3) Twenty percent of the moneys collected under subsection (1) of
this section on water distribution businesses and sixty percent of the
moneys collected under subsection (1) of this section on sewerage
collection businesses shall be deposited in the education legacy trust
account created in RCW 83.100.230 from July 1, 2013, through June 30,
2019, and thereafter in the public works assistance account created in
RCW 43.155.050((: PROVIDED, That during the fiscal year 2011, twenty
percent of the moneys collected under subsection (1) of this section on
water distribution businesses and sixty percent of the moneys collected
under subsection (1) of this section on sewerage collection businesses
must be deposited in the general fund for general purpose
expenditures)).
Sec. 8 RCW 82.18.040 and 2012 2nd sp.s. c 5 s 2 are each amended
to read as follows:
(1) Taxes collected under this chapter must be held in trust until
paid to the state. Except as otherwise provided in this subsection
(1), taxes received by the state must be deposited in the public works
assistance account created in RCW 43.155.050. For the period beginning
July 1, 2011, and ending June 30, 2015, taxes received by the state
under this chapter must be deposited in the general fund for general
purpose expenditures. For fiscal years 2016, 2017, and 2018, one-half
of the taxes received by the state under this chapter must be deposited
in the general fund for general purpose expenditures and the remainder
deposited in the ((public works assistance account)) education legacy
trust account created in RCW 83.100.230. For fiscal year 2019, taxes
received by the state under this chapter must be deposited in the
education legacy trust account created in RCW 83.100.230. Any person
collecting the tax who appropriates or converts the tax collected is
guilty of a gross misdemeanor if the money required to be collected is
not available for payment on the date payment is due. If a taxpayer
fails to pay the tax imposed by this chapter to the person charged with
collection of the tax and the person charged with collection fails to
pay the tax to the department, the department may, in its discretion,
proceed directly against the taxpayer for collection of the tax.
(2) The tax is due from the taxpayer within twenty-five days from
the date the taxpayer is billed by the person collecting the tax.
(3) The tax is due from the person collecting the tax at the end of
the tax period in which the tax is received from the taxpayer. If the
taxpayer remits only a portion of the total amount billed for taxes,
consideration, and related charges, the amount remitted must be applied
first to payment of the solid waste collection tax and this tax has
priority over all other claims to the amount remitted.
NEW SECTION. Sec. 9 (1) Sections 2 through 4 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect September 1, 2013.
(2) Section 7 of 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
June 30, 2013.
(3) Sections 5, 6, and 8 of this act are necessary for the
immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions,
and take effect immediately.