READ FIRST TIME 02/18/13.   

     AN ACT Relating to 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.

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

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.