Institutional Education—Overview. Washington's program of basic education mandates that instruction and associated state funding be provided for school-aged students in institutional facilities. The institutional facilities are managed and operated by the Department of Children, Youth, and Families (DCYF), the Department of Social and Health Services (DSHS), the Department of Corrections (DOC), counties, and cities, but the basic education services are generally provided by local school districts and regionally based Educational Service Districts (ESDs).
The Office of the Superintendent of Public Instruction (OSPI) oversees school districts and ESDs that provide institutional education services. OSPI also allocates funding to school districts and ESDs for institutional education services.
State institutional education funding is not calculated using the prototypical school funding model used for traditional public schools. Instead, other factors generate the funding amount for institutional education purposes, including student enrollment, variable staffing ratios, a 220-day school year, and the materials, supplies, and operating costs to support the program.
Six types of institutions receive institutional education funding:
Recent Task Forces, Reports, and Legislation. An 11-member Task Force on Improving Institutional Education Programs and Outcomes was established in 2020, and charged with examining various issues, including goals and strategies for improving the coordination and delivery of education services to youth involved with the juvenile justice system, and an assessment of the level and adequacy of basic and special education funding for institutional facilities. The Task Force published a report to the Governor and Legislature in December 2020.
Legislation passed in 2021 (E2SHB 1295), established numerous new and modified duties for OSPI, DCYF, and the State Board of Education (SBE) related to the provision of public education to youth in or released from secure facilities. Among other requirements, E2SHB 1295 directed OSPI and DCYF to jointly develop recommendations for the establishment, implementation, and funding of a reformed institutional education system that successfully meets the education and support needs of persons in and released from secure settings. With limited exceptions, the recommendations were to be directed toward meeting the education needs of persons in or released from institutional education facilities not operated by or under the jurisdiction of DSHS.
The Institutional Education Structure and Accountability Advisory Group was established through E2SHB 1295 for the purpose of providing advice, assistance, and information to OSPI and DCYF in developing the recommendations.
OSPI and DCYF submitted a report titled Improving Institutional Education Outcomes: Final Report to the Legislature on December 1, 2022.
Assignment of Basic Education Responsibilities. Beginning September 1, 2027, the Superintendent of Public Instruction (SPI) is responsible for the delivery and oversight of basic education services to justice-involved students who are under the age of 21 and served through institutional education programs in facilities not under the jurisdiction of DSHS.
OSPI must develop a timeline and plan for assuming, by September 1, 2027, responsibility for the delivery of such services. The timeline and plan must consider:
In meeting the timeline and plan duties, OSPI must consult with organizations representing educators and staff that deliver education programming and services to justice-involved students who are under the age of 21 and served through institutional education programs in facilities not under the jurisdiction of DSHS.
Beginning December 15, 2023, and annually thereafter through 2026, OSPI must provide an interim report on progress made in achieving the timeline and plan requirements to the Governor and the education and fiscal committees of the Legislature.
Select Legislative Committee. A Select Committee is established. The membership of the Select Committee consists of two members from the House of Representatives and two members from the Senate, as appointed by legislative leaders.
The Select Committee must examine and evaluate revisions to statutes, funding formulae, funding sources, and operating and capital budget appropriation structures as necessary to assign SPI with the responsibility for the delivery and oversight of basic education services to youth receiving education through institutional education programs in facilities not under the jurisdiction of DSHS.
OSPI, DCYF, and DSHS must cooperate with the Select Committee and provide information as the co-chairs may reasonably request. Staff support for the Select Committee must be provided by the Senate Committee Services and the Office of Program Research. Select Committee expenses must be paid jointly by the House of Representatives and Senate, subject to approval, and members are entitled to be reimbursed for travel expenses.
The Select Committee must report its findings and recommendations, which may be in the form of draft legislation, to the Governor, SPI, the chair of SBE, and the appropriate committees of the Legislature by December 1, 2024.
Provisions establishing the Select Committee and prescribing its duties expire December 31, 2024.
PRO: Workgroup recommendation have been published but OSPI and DCYF have not developed their plan in a common format that would prevent credit and learning loss. This bill provides a date certain by which we will have a common system. For youth in the juvenile justice system: 13-17% graduate, 40% have been or are in foster care, most qualify for special education. They are not getting the opportunity to break the cycle. We don't have the basic education fundamentals occurring, must less creating 21st century career path opportunities. The challenge is that workgroups and task forces have been focused on day to day delivery and what has been missing is structural level accountability. Right now delivery is diffused across school districts. This bill charts a clear course by saying by date certain something will be done. We also need to increase funding, but that needs to go through the right structure to get into the classroom. We also need to ensure that employees are consulted and provided for, and that labor groups will be consulted.
OTHER: DOC amendments should be included. The State Board and DOC have a long history of partnering, and this bill includes duplicative language.
PRO: Current funding structures have limited opportunities to meet the unique educational needs of institutional education students. OSPI has some concerns with the timeline of the select committee's work.