S-0336.2

SENATE BILL 5092

State of Washington

66th Legislature

2019 Regular Session

BySenator Fortunato

Prefiled 01/07/19.

AN ACT Relating to providing flexibility to school districts by authorizing school district waivers; amending RCW 28A.405.060, 41.56.906, and 41.59.935; adding new sections to chapter 28A.320 RCW; adding a new section to chapter 28A.150 RCW; adding a new section to chapter 28A.155 RCW; adding a new section to chapter 28A.160 RCW; adding a new section to chapter 28A.165 RCW; adding a new section to chapter 28A.170 RCW; adding a new section to chapter 28A.175 RCW; adding a new section to chapter 28A.180 RCW; adding a new section to chapter 28A.185 RCW; adding a new section to chapter 28A.188 RCW; adding a new section to chapter 28A.190 RCW; adding a new section to chapter 28A.193 RCW; adding a new section to chapter 28A.194 RCW; adding a new section to chapter 28A.205 RCW; adding a new section to chapter 28A.210 RCW; adding a new section to chapter 28A.215 RCW; adding a new section to chapter 28A.220 RCW; adding a new section to chapter 28A.225 RCW; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.232 RCW; adding a new section to chapter 28A.235 RCW; adding a new section to chapter 28A.245 RCW; adding a new section to chapter 28A.250 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.305 RCW; adding a new section to chapter 28A.310 RCW; adding a new section to chapter 28A.315 RCW; adding a new section to chapter 28A.323 RCW; adding a new section to chapter 28A.325 RCW; adding a new section to chapter 28A.330 RCW; adding a new section to chapter 28A.335 RCW; adding a new section to chapter 28A.340 RCW; adding a new section to chapter 28A.343 RCW; adding a new section to chapter 28A.345 RCW; adding a new section to chapter 28A.400 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28A.415 RCW; adding a new section to chapter 28A.500 RCW; adding a new section to chapter 28A.505 RCW; adding a new section to chapter 28A.510 RCW; adding a new section to chapter 28A.515 RCW; adding a new section to chapter 28A.520 RCW; adding a new section to chapter 28A.525 RCW; adding a new section to chapter 28A.527 RCW; adding a new section to chapter 28A.530 RCW; adding a new section to chapter 28A.535 RCW; adding a new section to chapter 28A.540 RCW; adding a new section to chapter 28A.545 RCW; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.604 RCW; adding a new section to chapter 28A.605 RCW; adding a new section to chapter 28A.620 RCW; adding a new section to chapter 28A.623 RCW; adding a new section to chapter 28A.625 RCW; adding a new section to chapter 28A.630 RCW; adding a new section to chapter 28A.635 RCW; adding a new section to chapter 28A.640 RCW; adding a new section to chapter 28A.642 RCW; adding a new section to chapter 28A.645 RCW; adding a new section to chapter 28A.650 RCW; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.657 RCW; adding a new section to chapter 28A.660 RCW; adding a new section to chapter 28A.690 RCW; adding a new section to chapter 28A.700 RCW; adding a new section to chapter 28A.705 RCW; adding a new section to chapter 28A.710 RCW; adding a new section to chapter 28A.715 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. It is important that schools are provided flexibility to determine how best to meet the needs of their students and work with their local communities. It is the intent of the legislature to provide schools increased flexibility by authorizing school districts to grant waivers or partial waivers of state laws and rules for schools located within the school district. Additionally, the legislature intends to specifically authorize school districts to use any savings resulting from not having to implement a law or rule that was waived or partially waived. However, for each waiver granted by the school district that results in a savings, a portion of the savings must be awarded to each school that requested the waiver and to any teacher at a school that brought the idea to the principal to request the waiver.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.320 RCW to read as follows:

(1) As specifically provided in chapters in this title, the board of directors of each school district may grant waivers, or partial waivers, of state laws and rules to schools within the district. The school board shall grant waivers in accordance with this section.

(2) To apply for waivers, a school principal must submit an application to the school district board of directors that identifies the laws and rules requested to be waived and the rationale for the request. The rationale must identify how granting the waivers will improve student learning or the delivery of education services in the school.

(3) The school district board of directors must provide time for public review and comment regarding any waiver request at a regular meeting of the school district board of directors.

(4) The duration, renewal, and rescission of the waivers must be determined by the school district board of directors.

(5) The following may not be waived:

(a) Compliance with local, state, and federal health, safety, parents' rights, civil rights, and nondiscrimination laws;

(b) Provision of a program of basic education, that meets the goals in RCW 28A.150.210;

(c) Employment of certificated instructional staff as required in RCW 28A.410.025. However, school districts may hire noncertificated instructional staff of unusual competence and in exceptional cases as specified in RCW 28A.150.203(7);

(d) Compliance with the employee record check requirements in RCW 28A.400.303;

(e) Adherence 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;

(f) Compliance with the annual performance report under RCW 28A.655.110;

(g) Compliance with the open public meetings act in chapter 42.30 RCW and public records requirements in chapter 42.56 RCW; and

(h) Compliance with state constitutional provisions, including that a school may not engage in any sectarian practices in its educational program, admissions, employment policies, or operations.

(6) A school district may not include provisions in a collective bargaining agreement that limit the district's authority to grant waivers under this section.

(7) Each school district board of directors granting waivers of state laws and rules shall submit to the superintendent of public instruction and the state board of education a list of laws and rules waived by the school district board of directors in accordance with this section.

(8) School districts are specifically authorized to use any savings resulting from not having to implement a state law or rule waived by the school district board of directors. However, each school district must award a portion of the savings to the first school that requested the waiver that resulted in a savings and to the first teacher at a school who brought the idea to the principal to request the waiver. No award may be granted in excess of ten thousand dollars or ten percent of the actual net savings, whichever amount is less. No award may be granted to a school in excess of ten percent of the actual net savings, and no amount may be granted to a teacher in excess of ten thousand dollars.

NEW SECTION. Sec. 3. A new section is added to chapter 28A.150 RCW to read as follows:

Schools may obtain, in accordance with section 2 of this act, waivers from the statutory requirements in this chapter. Waivers also may be obtained, in accordance with section 2 of this act, from any rules of the state board of education and the superintendent of public instruction adopted to implement the statutory requirements.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.155 RCW to read as follows:

NEW SECTION. Sec. 5. A new section is added to chapter 28A.160 RCW to read as follows:

NEW SECTION. Sec. 6. A new section is added to chapter 28A.165 RCW to read as follows:

NEW SECTION. Sec. 7. A new section is added to chapter 28A.170 RCW to read as follows:

NEW SECTION. Sec. 8. A new section is added to chapter 28A.175 RCW to read as follows:

NEW SECTION. Sec. 9. A new section is added to chapter 28A.180 RCW to read as follows:

NEW SECTION. Sec. 10. A new section is added to chapter 28A.185 RCW to read as follows:

NEW SECTION. Sec. 11. A new section is added to chapter 28A.188 RCW to read as follows:

NEW SECTION. Sec. 12. A new section is added to chapter 28A.190 RCW to read as follows:

NEW SECTION. Sec. 13. A new section is added to chapter 28A.193 RCW to read as follows:

NEW SECTION. Sec. 14. A new section is added to chapter 28A.194 RCW to read as follows:

NEW SECTION. Sec. 15. A new section is added to chapter 28A.205 RCW to read as follows:

NEW SECTION. Sec. 16. A new section is added to chapter 28A.210 RCW to read as follows:

NEW SECTION. Sec. 17. A new section is added to chapter 28A.215 RCW to read as follows:

NEW SECTION. Sec. 18. A new section is added to chapter 28A.220 RCW to read as follows:

NEW SECTION. Sec. 19. A new section is added to chapter 28A.225 RCW to read as follows:

NEW SECTION. Sec. 20. A new section is added to chapter 28A.230 RCW to read as follows:

NEW SECTION. Sec. 21. A new section is added to chapter 28A.232 RCW to read as follows:

NEW SECTION. Sec. 22. A new section is added to chapter 28A.235 RCW to read as follows:

NEW SECTION. Sec. 23. A new section is added to chapter 28A.245 RCW to read as follows:

NEW SECTION. Sec. 24. A new section is added to chapter 28A.250 RCW to read as follows:

NEW SECTION. Sec. 25. A new section is added to chapter 28A.300 RCW to read as follows:

NEW SECTION. Sec. 26. A new section is added to chapter 28A.305 RCW to read as follows:

NEW SECTION. Sec. 27. A new section is added to chapter 28A.310 RCW to read as follows:

NEW SECTION. Sec. 28. A new section is added to chapter 28A.315 RCW to read as follows:

NEW SECTION. Sec. 29. A new section is added to chapter 28A.320 RCW to read as follows:

NEW SECTION. Sec. 30. A new section is added to chapter 28A.323 RCW to read as follows:

NEW SECTION. Sec. 31. A new section is added to chapter 28A.325 RCW to read as follows:

NEW SECTION. Sec. 32. A new section is added to chapter 28A.330 RCW to read as follows:

NEW SECTION. Sec. 33. A new section is added to chapter 28A.335 RCW to read as follows:

NEW SECTION. Sec. 34. A new section is added to chapter 28A.340 RCW to read as follows:

NEW SECTION. Sec. 35. A new section is added to chapter 28A.343 RCW to read as follows:

NEW SECTION. Sec. 36. A new section is added to chapter 28A.345 RCW to read as follows:

NEW SECTION. Sec. 37. A new section is added to chapter 28A.400 RCW to read as follows:

NEW SECTION. Sec. 38. A new section is added to chapter 28A.405 RCW to read as follows:

NEW SECTION. Sec. 39. A new section is added to chapter 28A.410 RCW to read as follows:

NEW SECTION. Sec. 40. A new section is added to chapter 28A.415 RCW to read as follows:

NEW SECTION. Sec. 41. A new section is added to chapter 28A.500 RCW to read as follows:

NEW SECTION. Sec. 42. A new section is added to chapter 28A.505 RCW to read as follows:

NEW SECTION. Sec. 43. A new section is added to chapter 28A.510 RCW to read as follows:

NEW SECTION. Sec. 44. A new section is added to chapter 28A.515 RCW to read as follows:

NEW SECTION. Sec. 45. A new section is added to chapter 28A.520 RCW to read as follows:

NEW SECTION. Sec. 46. A new section is added to chapter 28A.525 RCW to read as follows:

NEW SECTION. Sec. 47. A new section is added to chapter 28A.527 RCW to read as follows:

NEW SECTION. Sec. 48. A new section is added to chapter 28A.530 RCW to read as follows:

NEW SECTION. Sec. 49. A new section is added to chapter 28A.535 RCW to read as follows:

NEW SECTION. Sec. 50. A new section is added to chapter 28A.540 RCW to read as follows:

NEW SECTION. Sec. 51. A new section is added to chapter 28A.545 RCW to read as follows:

NEW SECTION. Sec. 52. A new section is added to chapter 28A.600 RCW to read as follows:

NEW SECTION. Sec. 53. A new section is added to chapter 28A.604 RCW to read as follows:

NEW SECTION. Sec. 54. A new section is added to chapter 28A.605 RCW to read as follows:

NEW SECTION. Sec. 55. A new section is added to chapter 28A.620 RCW to read as follows:

NEW SECTION. Sec. 56. A new section is added to chapter 28A.623 RCW to read as follows:

NEW SECTION. Sec. 57. A new section is added to chapter 28A.625 RCW to read as follows:

NEW SECTION. Sec. 58. A new section is added to chapter 28A.630 RCW to read as follows:

NEW SECTION. Sec. 59. A new section is added to chapter 28A.635 RCW to read as follows:

NEW SECTION. Sec. 60. A new section is added to chapter 28A.640 RCW to read as follows:

NEW SECTION. Sec. 61. A new section is added to chapter 28A.642 RCW to read as follows:

NEW SECTION. Sec. 62. A new section is added to chapter 28A.645 RCW to read as follows:

NEW SECTION. Sec. 63. A new section is added to chapter 28A.650 RCW to read as follows:

NEW SECTION. Sec. 64. A new section is added to chapter 28A.655 RCW to read as follows:

NEW SECTION. Sec. 65. A new section is added to chapter 28A.657 RCW to read as follows:

NEW SECTION. Sec. 66. A new section is added to chapter 28A.660 RCW to read as follows:

NEW SECTION. Sec. 67. A new section is added to chapter 28A.690 RCW to read as follows:

NEW SECTION. Sec. 68. A new section is added to chapter 28A.700 RCW to read as follows:

NEW SECTION. Sec. 69. A new section is added to chapter 28A.705 RCW to read as follows:

NEW SECTION. Sec. 70. A new section is added to chapter 28A.710 RCW to read as follows:

NEW SECTION. Sec. 71. A new section is added to chapter 28A.715 RCW to read as follows:

Sec. 72. RCW 28A.405.060 and 1975 1st ex.s. c 275 s 132 are each amended to read as follows:

(1) Except as specifically provided in chapters in this title, certificated employees shall faithfully enforce in the common schools the course of study and regulations prescribed, whether regulations of the district, the superintendent of public instruction, or the state board of education, and shall furnish promptly all information relating to the common schools which may be requested by the educational service district superintendent.

(2) Any certificated employee who willfully refuses or neglects to enforce the course of study or the rules and regulations as above in this section required, shall not be allowed by the directors any warrant for salary due until said person shall have complied with said requirements.

Sec. 73. RCW 41.56.906 and 2009 c 396 s 11 are each amended to read as follows:

Nothing in this chapter may be construed to grant school district employers or classified school district employees the right to reach agreements that ((are in conflict with the termination provisions of RCW 28A.400.320))limit a school district employer's authority to grant waivers under section 2 of this act.

Sec. 74. RCW 41.59.935 and 2017 3rd sp.s. c 13 s 706 are each amended to read as follows:

(1) Nothing in this chapter grants employers or employees the right to reach agreements regarding:

(a) Salary or compensation increases for the state's statutory program of basic education in excess of those authorized in accordance with RCW 28A.150.410 and 28A.400.200; or

(b) Limiting an employer's authority to grant waivers under section 2 of this act.

(2) School districts are authorized to reach agreements regarding salaries or compensation for enrichment activities subject to RCW 28A.400.200 and 28A.150.276.

--- END ---