H-2107.1

HOUSE BILL 2191


State of Washington	64th Legislature	2015 Regular Session

By Representatives Sawyer, Walkinshaw, Peterson, and Robinson

Read first time 03/09/15. Referred to Committee on Education.

AN ACT Relating to a homeless student housing and educational stability program as part of basic education; amending RCW 28A.150.260 and 28A.150.260; adding a new chapter to Title 28A RCW; and providing effective dates.

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

NEW SECTION. Sec. 1. The legislature finds that according to the just issued homeless students data report by the office of the superintendent of public instruction, between the 2008-09 school year and the 2013-14 school year, the state experienced a fifty-six percent increase in the number of enrolled homeless students reported by school districts. During the 2013-14 school year, thirty-two thousand four hundred ninety-four students were identified as homeless, which amounts to over three percent of students statewide. The percent of homeless students who met the standard in reading ranged between 49.6 percent and 57.9 percent across all grade levels tested, compared to a range of seventy percent to 82.9 percent for all students statewide. The percent of homeless students who met the standard in mathematics ranged between 20.9 to 40.8 percent across all grade levels tested, compared to a range of 55.9 to 63.6 percent for all students statewide. The percent of homeless students meeting the standard in science and writing similarly lagged behind in comparison to the percent of all students statewide meeting the standard. Homeless students had a 46.1 percent four-year graduation rate and a 31.5 percent cohort dropout rate, compared to all students statewide graduation rate of 77.2 percent and a cohort dropout rate of 12.3 percent. The homeless absenteeism and truancy rate was 34.2 and 18.6 percent, compared with a rate for all students statewide of 11.1 percent and 4.1 percent. Over eight percent of homeless students were suspended or expelled, twice the rate of all students statewide.

(2) The legislature further finds that research clearly shows that high mobility is very detrimental to the educational outcomes of the children who move frequently between schools, to their classmates, and to their schools as a whole, and that housing stability is a key component of the opportunity to obtain a basic education.

(3) The legislature intends to add to the program of basic education a homeless student housing and educational stability program in order to facilitate the education of all students by removing the barriers to learning faced by homeless students, decreasing the ruinous mobility rates that negatively affect the learning of homeless students and their classmates, increasing student engagement, and enhancing readiness to learn.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Eligible organizations" are those organizations identified as eligible organizations for purposes of the housing assistance program under RCW 43.185.060 and approved by the office of the superintendent of public instruction to participate in the homeless student housing and educational stability program.

(2) "Homeless student" means a student who lacks a fixed, regular, and adequate nighttime residence as set forth in the federal McKinney-Vento homeless assistance act (P.L. 100-77; 101 Stat. 482).

NEW SECTION. Sec. 3. (1) This chapter is designed to:

(a) Help facilitate the education of all students by removing the barriers to learning faced by homeless students, decrease the ruinous mobility rates that negatively affect the learning of homeless students and their classmates, increase student engagement, and enhance readiness to learn; and

(b) Establish effective partnerships between school districts and eligible organizations to provide housing and educational stability assistance for homeless students and their families.

(2) School districts implementing a homeless student housing and educational stability program shall, in conjunction with their partner eligible organizations, focus on stabilizing the housing situation of students and their families and addressing the individual needs of homeless students and their families that impair student learning, student engagement, and readiness to learn.

NEW SECTION. Sec. 4. Services and activities that may be supported by the homeless student housing and educational stability program include:

(1) Rental assistance, which includes utilities, security and utility deposits, first and last months' rent, rental application fees, moving expenses, and other eligible expenses to be determined by the office of the superintendent of public instruction in consultation with the department of commerce;

(2) Emergency shelter;

(3) Housing and educational stability case management services, which include supportive services to keep students enrolled and engaged in learning, and families engaged in their students' education; and

(4) Administrative costs of the school districts and the eligible organizations with which they partner.

NEW SECTION. Sec. 5. The funds to be appropriated for the homeless student housing and educational stability program shall be appropriated in accordance with RCW 28A.150.260 and the omnibus appropriations act. The distribution formula is for school district allocation purposes only, but funds appropriated for the homeless student housing and educational stability program must be expended for the purposes of this chapter.

NEW SECTION. Sec. 6. (1) School districts shall contract with eligible organizations to provide the housing assistance specified in section 4 (1) and (2) of this act. Housing and educational stability case management services shall be provided by school districts and the eligible organizations, according to the needs of the districts' students and their families and the terms of the contract between each individual district and the eligible partner or partners with which it contracts.

(2) To ensure that school districts are meeting the requirements of this chapter, the superintendent of public instruction shall monitor the homeless student housing and educational stability programs. The primary purpose of program monitoring is to evaluate the effectiveness of a district's allocation and expenditure of resources and monitor school district fidelity in implementing best practices. The office of the superintendent of public instruction may provide technical assistance to school districts to improve the effectiveness of the homeless student housing and educational stability programs.

NEW SECTION. Sec. 7. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW necessary to implement this chapter.

NEW SECTION. Sec. 8. Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.

Sec. 9. RCW 28A.150.260 and 2014 c 217 s 206 are each amended to read as follows:

The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:

(1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district.

(2) The distribution formula under this section shall be for allocation purposes only. Except as may be required under chapter 28A.155, 28A.165, 28A.180, or 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.

(3)(a) To the extent the technical details of the formula have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.

(b) For the purposes of this section, prototypical schools are defined as follows:

(i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;

(ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and

(iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.

(4)(a)(i) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on the following general education average class size of full-time equivalent students per teacher:

General education

average class size

Grades K-3. . . .25.23

Grade 4. . . .27.00

Grades 5-6. . . .27.00

Grades 7-8. . . .28.53

Grades 9-12. . . .28.74

(ii) The minimum class size allocation for each prototypical high school shall also provide for enhanced funding for class size reduction for two laboratory science classes within grades nine through twelve per full-time equivalent high school student multiplied by a laboratory science course factor of 0.0833, based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours in RCW 28A.150.220, and providing at least one teacher planning period per school day:

Laboratory science

average class size

Grades 9-12. . . .19.98

(b) During the 2011-2013 biennium and beginning with schools with the highest percentage of students eligible for free and reduced-price meals in the prior school year, the general education average class size for grades K-3 shall be reduced until the average class size funded under this subsection (4) is no more than 17.0 full-time equivalent students per teacher beginning in the 2017-18 school year.

(c) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education:

Career and technical

education average

class size

Approved career and technical education offered at

the middle school and high school level. . . .26.57

Skill center programs meeting the standards established

by the office of the superintendent of public

instruction. . . .22.76

(d) In addition, the omnibus appropriations act shall at a minimum specify:

(i) A high-poverty average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and

(ii) A specialty average class size for advanced placement and international baccalaureate courses.

(5) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:


	Elementary School	Middle School	High School
Principals, assistant principals, and other certificated building-level administrators. . . .	1.253	1.353	1.880
Teacher librarians, a function that includes information literacy, technology, and media to support school library media programs. . . .	0.663	0.519	0.523
Health and social services:
School nurses. . . .	0.076	0.060	0.096
Social workers. . . .	0.042	0.006	0.015
Psychologists. . . .	0.017	0.002	0.007
Guidance counselors, a function that includes parent outreach and graduation advising. . . .	0.493	1.116	2.539
Teaching assistance, including any aspect of educational instructional services provided by classified employees. . . .	0.936	0.700	0.652
Office support and other noninstructional aides. . . .	2.012	2.325	3.269
Custodians. . . .	1.657	1.942	2.965
Classified staff providing student and staff safety. . . .	0.079	0.092	0.141
Parent involvement coordinators. . . .	0.00	0.00	0.00

(6)(a) The minimum staffing allocation for each school district to provide district-wide support services shall be allocated per one thousand annual average full-time equivalent students in grades K-12 as follows:

Staff per 1,000

K-12 students

Technology. . . .0.628

Facilities, maintenance, and grounds. . . .1.813

Warehouse, laborers, and mechanics. . . .0.332

(b) The minimum allocation of staff units for each school district to support certificated and classified staffing of central administration shall be 5.30 percent of the staff units generated under subsections (4)(a) and (b) and (5) of this section and (a) of this subsection.

(7) The distribution formula shall include staffing allocations to school districts for career and technical education and skill center administrative and other school-level certificated staff, as specified in the omnibus appropriations act.

(8)(a) Except as provided in (b) and (c) of this subsection, the minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs, to be adjusted for inflation from the 2008-09 school year:

Per annual average

full-time equivalent student

in grades K-12

Technology. . . .$54.43

Utilities and insurance. . . .$147.90

Curriculum and textbooks. . . .$58.44

Other supplies and library materials. . . .$124.07

Instructional professional development for certified and

classified staff. . . .$9.04

Facilities maintenance. . . .$73.27

Security and central office. . . .$50.76

(b) During the 2011-2013 biennium, the minimum allocation for maintenance, supplies, and operating costs shall be increased as specified in the omnibus appropriations act. The following allocations, adjusted for inflation from the 2007-08 school year, are provided in the 2015-16 school year, after which the allocations shall be adjusted annually for inflation as specified in the omnibus appropriations act:

Per annual average

full-time equivalent student

in grades K-12

Technology. . . .$113.80

Utilities and insurance. . . .$309.21

Curriculum and textbooks. . . .$122.17

Other supplies and library materials. . . .$259.39

Instructional professional development for certificated and

classified staff. . . .$18.89

Facilities maintenance. . . .$153.18

Security and central office administration. . . .$106.12

(c) In addition to the amounts provided in (a) and (b) of this subsection, beginning in the 2014-15 school year, the omnibus appropriations act shall provide the following minimum allocation for each annual average full-time equivalent student in grades nine through twelve for the following materials, supplies, and operating costs, to be adjusted annually for inflation:

Per annual average

full-time equivalent student

in grades 9-12

Technology. . . .$36.35

Curriculum and textbooks. . . .$39.02

Other supplies and library materials. . . .$82.84

Instructional professional development for certificated and

classified staff. . . .$6.04

(9) In addition to the amounts provided in subsection (8) of this section, the omnibus appropriations act shall provide an amount based on full-time equivalent student enrollment in each of the following:

(a) Exploratory career and technical education courses for students in grades seven through twelve;

(b) Preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and

(c) Preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.

(10) In addition to the allocations otherwise provided under this section, amounts shall be provided to support the following programs and services:

(a) To provide supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the district percentage of students in grades K-12 who were eligible for free or reduced-price meals in the prior school year. The minimum allocation for the program shall provide for each level of prototypical school resources to provide, on a statewide average, 1.5156 hours per week in extra instruction with a class size of fifteen learning assistance program students per teacher.

(b) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the head count number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide resources to provide, on a statewide average, 4.7780 hours per week in extra instruction with fifteen transitional bilingual instruction program students per teacher. Notwithstanding other provisions of this subsection (10), the actual per-student allocation may be scaled to provide a larger allocation for students needing more intensive intervention and a commensurate reduced allocation for students needing less intensive intervention, as detailed in the omnibus appropriations act.

(c) To provide additional allocations to support programs for highly capable students under RCW 28A.185.010 through 28A.185.030, allocations shall be based on two and three hundred fourteen one-thousandths percent of each school district's full-time equivalent basic education enrollment. The minimum allocation for the programs shall provide resources to provide, on a statewide average, 2.1590 hours per week in extra instruction with fifteen highly capable program students per teacher.

(d) To provide additional allocations to support the homeless student housing and educational stability program under chapter 28A.--- RCW (the new chapter created in section 13 of this act). Allocations to each school district shall be equal to:

(i) One hundred percent of the fair market rent published annually by the United States department of housing and urban development as required by section 8(c)(1) of the United States housing act for a three-bedroom rental unit for the county that the largest number of students from the school district reside in, multiplied by eighty percent of the number of students reported as homeless in the school district divided by 1.9, multiplied by six to accommodate an average of six months of housing and educational stability case management services costs; and

(ii) In order to accommodate the additional costs for supportive services associated with the portion of students with disabilities and other high-cost needs, one hundred fifty percent of fair market rent for a three-bedroom rental unit for the county that the largest number of students from the school district reside in, multiplied by twenty percent of the number of students reported as homeless in the school district plus the difference in school district percentage of students receiving free or reduced-price meals minus the statewide average divided by 1.9, multiplied by twelve to accommodate an average of twelve months of housing and educational stability case management services costs.

(11) The allocations under subsections (4)(a) and (b), (5), (6), and (8) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities.

(12)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (4) and (10) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students.

(b) Allocations or enhancements provided under subsections (4), (7), and (9) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW.

(13)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature.

(b) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect.

(c) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the first school day of each month, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction and shall be included as part of the superintendent's biennial budget request. The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220. Any revision of the present definition shall not take effect until approved by the house ways and means committee and the senate ways and means committee.

(d) The office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050.

Sec. 10. RCW 28A.150.260 and 2015 c 2 s 2 (Initiative Measure No. 1351) are each amended to read as follows:

(2) The distribution formula under this section shall be for allocation purposes only. Except as required for class size reduction funding provided under subsection (4)(f) of this section and as may be required under chapter 28A.155, 28A.165, 28A.180, or 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.

(b) For the purposes of this section, prototypical schools are defined as follows:

(i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;

(ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and

(iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.

(4)(a) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on the following general education average class size of full-time equivalent students per teacher:

General education

average

class size

Grades K-3. . . . 17.0

Grade 4. . . . 25.0

Grades 5-6. . . . 25.0

Grades 7-8. . . . 25.0

Grades 9-12. . . . 25.0

Career and technical

education average

class size

Approved career and technical education offered at

the middle school and high school level. . . . 19.0

Skill center programs meeting the standards established

by the office of the superintendent of public

instruction. . . . 16.0

(d) In addition, the omnibus appropriations act shall at a minimum specify a specialty average class size for laboratory science, advanced placement, and international baccalaureate courses.

(e) For each level of prototypical school at which more than fifty percent of the students were eligible for free and reduced-price meals in the prior school year, the superintendent shall allocate funding based on the following average class size of full-time equivalent students per teacher:

General education average

class size in

high poverty

Grades K-3. . . .15.0

Grade 4. . . .22.0

Grades 5-6. . . .23.0

Grades 7-8. . . .23.0

Grades 9-12. . . .23.0

(f)(i) Funding for average class sizes in this subsection (4) shall be provided only to the extent of, and proportionate to, the school district's demonstrated actual average class size, up to the funded class sizes.

(ii) Districts that demonstrate capital facility needs that prevent them from reducing actual class sizes to funded levels, may use funding in this subsection (4) for school-based personnel who provide direct services to students. Districts that use this funding for purposes other than reducing actual class sizes must annually report the number and dollar value for each type of personnel funded by school and grade level.

(iii) The office of the superintendent of public instruction shall develop rules to implement this subsection (4).

(5) The minimum allocation for each level of prototypical school shall include allocations necessary for the safe and effective operation of a school, to meet individual student needs, and to ensure all required school functions can be performed by appropriately trained personnel, for the following types of staff in addition to classroom teachers:


	Elementary School	Middle School	High School
Principals, assistant principals, and other certificated building-level administrators. . . .	1.3	1.4	1.9
Teacher librarians, a function that includes information literacy, technology, and media to support school library media programs. . . .	1.0	1.0	1.0
Health and social services:
School nurses. . . .	0.585	0.888	0.824
Social workers. . . .	0.311	0.088	0.127
Psychologists. . . .	0.104	0.024	0.049
Guidance counselors, a function that includes parent outreach and graduation advising. . . .	0.50	2.0	3.5
Teaching assistance, including any aspect of educational instructional services provided by classified employees. . . .	2.0	1.0	1.0
Office support and other noninstructional aides. . . .	3.0	3.5	3.5
Custodians. . . .	1.7	2.0	3.0
Classified staff providing student and staff safety. . . .	0.0	0.7	1.3
Parent involvement coordinators. . . .	1.0	1.0	1.0

Staff per 1,000

K-12 students

Technology. . . . 2.8

Facilities, maintenance, and grounds. . . . 4.0

Warehouse, laborers, and mechanics. . . . 1.9

(8)(a) Except as provided in (b) of this subsection, the minimum allocation for each school district shall include allocations per annual average full-time equivalent student for the following materials, supplies, and operating costs, to be adjusted for inflation from the 2008-09 school year:

Per annual average

full-time equivalent student

in grades K-12

Technology. . . .$54.43

Utilities and insurance. . . .$147.90

Curriculum and textbooks. . . .$58.44

Other supplies and library materials. . . .$124.07

Instructional professional development for certified and

classified staff. . . .$9.04

Facilities maintenance. . . .$73.27

Security and central office. . . .$50.76

Per annual average

full-time equivalent student

in grades K-12

Technology. . . .$113.80

Utilities and insurance. . . .$309.21

Curriculum and textbooks. . . .$122.17

Other supplies and library materials. . . .$259.39

Instructional professional development for certificated and

classified staff. . . .$18.89

Facilities maintenance. . . .$153.18

Security and central office administration. . . .$106.12

(a) Exploratory career and technical education courses for students in grades seven through twelve;

(b) Laboratory science courses for students in grades nine through twelve;

(c) Preparatory career and technical education courses for students in grades nine through twelve offered in a high school; and

(d) Preparatory career and technical education courses for students in grades eleven and twelve offered through a skill center.

(10) In addition to the allocations otherwise provided under this section, amounts shall be provided to support the following programs and services:

(d) The office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050.

NEW SECTION. Sec. 11. Section 9 of this act takes effect September 1, 2015.

NEW SECTION. Sec. 12. Section 10 of this act takes effect September 1, 2018.

NEW SECTION. Sec. 13. Sections 1 through 8 of this act constitute a new chapter in Title 28A RCW.

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