H-2310 _______________________________________________
SECOND SUBSTITUTE HOUSE BILL NO. 694
_______________________________________________
State of Washington 49th Legislature 1985 Regular Session
By House Committee on Ways & Means (originally sponsored by Representatives Grimm, Locke, Appelwick, Betrozoff, Ebersole, Long, Sommers, Holland, Hine, J. King and Walker)
Read first time 3/8/85 and passed to Committee on Rules.
AN ACT Relating to education; amending RCW 28A.41.130, 28A.41.140, 28A.41.162, and 28A.58.095; creating new sections; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the funding system and reporting requirements that have evolved since the enactment of the Basic Education Act of 1977 and subsequent legislation and litigation have resulted in complex rules, regulations, and funding formulas and a reduction in local control for our school districts.
The legislature also finds that the Basic Education Act requirements need clearer policy direction toward support of direct classroom services in order to provide reasonable class sizes for students and teachers in our public schools.
It is further the intent of the legislature that the changes in the distribution of state funds caused by this act shall not result in a loss of state funds for any school district, from the level currently provided as measured on a per pupil basis and adjusted for increases in costs.
Sec. 2. Section 2, chapter 46, Laws of 1973 as last amended by section 30, chapter 3, Laws of 1983 and RCW 28A.41.130 are each amended to read as follows:
(1) From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.48.010 to each school district of the state operating a program approved by the state board of education an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.02.300 and 28A.02.310, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one full school year of one hundred eighty days, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.58.754, as now or hereafter amended.
(2) The
constitutional responsibility of the state to fully fund a program of basic
education shall be ((considered to be)) fully ((funded)) met
by those amounts of dollars appropriated by the legislature ((pursuant to
RCW 28A.41.130 and 28A.41.140 to fund those program requirements identified in
RCW 28A.58.754 in accordance with the formula and ratios provided in RCW
28A.41.140)) for the following: The basic education allocation in
accordance with RCW 28A.41.140; pupil transportation in accordance with RCW
28A.41.160; programs for handicapped students in accordance with chapter 28A.13
RCW; programs for a transitional bilingual instruction program in accordance
with RCW 28A.58.810; and a remedial assistance program in accordance with RCW
28A.41.404. No other programs shall be considered part of basic education
which must be funded by the state under Article IX of the state Constitution.
(3) Operation
of a program approved by the state board of education, for the purposes of this
section, shall include ((a)) findings that:
(a) The
ratio of ((students per)) classroom teachers to students in
grades kindergarten through three is not ((greater)) less than
the ratio of ((students per)) classroom teachers to students in
grades four and above for such district((: PROVIDED, That for the purposes
of this section, "classroom teacher" shall be defined as an
instructional employee possessing at least a provisional certificate, but not
necessarily employed as a certificated employee, whose primary duty is the
daily educational instruction of students: PROVIDED FURTHER, That));
(b) That the district ratio of classroom teachers per one thousand average annual full time equivalent students is not less than the following: For school year 1987-88, forty-three per thousand; for school year 1988-89, forty-four per thousand; for school year 1989-90, forty-five per thousand; for school year 1990-91 and thereafter, forty-six per thousand; and
(c) That the district ratio of instructional staff per one thousand average annual full time equivalent students is not less than the following: For school year 1987-88, forty-seven per thousand; for school year 1988-89, forty-eight per thousand; for school year 1989-90, forty-nine per thousand; and for school year 1990-91 and thereafter, fifty per thousand.
The
state board of education shall adopt rules and regulations to insure compliance
with the ((student/teacher)) staffing ratio provisions of this ((section))
subsection, and such rules and regulations shall allow for exemptions
for those special programs and/or school districts which may be deemed unable
to practicably meet the ((student/teacher)) staffing ratio
requirements of this section by virtue of a small number of students or a
substantial lack of classroom space: PROVIDED, ((FURTHER,)) That
these rules and regulations ((shall)) may provide that until
the 1987-88 school year any district that has a ratio of no greater than
twenty-five students per classroom teacher in grades kindergarten through three
shall be in conformance with ((this section)) (a) of this
subsection: PROVIDED FURTHER, That in the 1987-88 school year, for purposes of
compliance with (a) of this subsection, for grades nine through twelve a full
time equivalent classroom teacher shall be any classroom teacher teaching five
periods or more per day.
(4) If
a school district's basic education program fails to meet the basic education
requirements enumerated in ((RCW 28A.41.130, 28A.41.140 and 28A.58.754))
this title, the state board of education shall require the
superintendent of public instruction to withhold state funds in whole or in
part for the basic education allocation until program compliance is assured((:
PROVIDED, That the state board of education may waive this requirement in the
event of substantial lack of classroom space.
This
section shall be effective September 1, 1982)).
Sec. 3. Section 14, chapter 244, Laws of 1969 ex. sess. as last amended by section 1, chapter 229, Laws of 1983 and RCW 28A.41.140 are each amended to read as follows:
(1) The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures:
The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to instructional staff for the distribution of a basic education allocation for each annual average full time equivalent student enrolled in a common school. The distribution formula shall have the primary objective of equalizing educational opportunities and shall provide appropriate recognition of the following costs among the various districts within the state:
(((1)
Certificated)) (a) Instructional staff and their related costs;
(((2)
Classified)) (b) Noninstructional staff and their related costs and
nonsalary costs;
(((3)
Nonsalary costs)) (c) Extraordinary costs of secondary vocational
education;
(((4)))
(d) Extraordinary costs of remote and necessary schools and small high
schools and small school districts; ((and
(5))) (e) The attendance of students pursuant to RCW
28A.58.075 and 28A.58.245, each as now or hereafter amended, who do not reside
within the servicing school district; and
(f) Extraordinary costs of significant enrollment decline.
(2) 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. 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.
Commencing
with the ((1980-81)) 1986-87 school year, the formula adopted by
the legislature shall reflect a ratio of not less than ((fifty certificated
personnel)) forty-seven instructional staff to one thousand annual
average full time equivalent students exclusive of factors recognized under
subsection (1)(c) through (f) of this section and ((one classified
person to three certificated personnel. 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: PROVIDED, That)) in addition shall reflect a
noninstructional staff and nonsalary cost allocation expressed in dollars per
average annual full time equivalent student. The 1985-86 school year
allocation for classified staff shall be the base line allocation for the
classified staff component of noninstructional costs for the 1986-87 school
year. The formula shall ensure that no district receives fewer dollars on a
comparable enrollment basis, for either the instructional or noninstructional
component, than was received during the 1985-86 school year improved by
appropriate inflation factors. The instructional staff component of the
formula shall provide sufficient funds to employ such staff for not less than
one hundred eighty days. Commencing with the 1987-88 school year the formula
adopted by the legislature shall reflect an increase in the ratio of
instructional staff per one thousand annual average full time equivalent
students of one staff per school year until a ratio of fifty per one thousand
is attained no later than the 1989-90 school year. The distribution formula
developed pursuant to this section shall be for state apportionment and
equalization purposes only and shall not be construed as mandating specific
operational functions of local school districts other than the staffing
ratios specified in RCW 28A.41.130 and those program requirements
identified in RCW 28A.58.754.
(3) 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.41.145, as now or hereafter amended, enrolled on the first school day of each month. The definition of full time equivalent student shall be determined by rules and regulations of the superintendent of public instruction: PROVIDED, That the definition shall be included as part of the superintendent's biennial budget request: PROVIDED, FURTHER, That any revision of the present definition shall not take effect until approved by the house appropriations committee and the senate ways and means committee: PROVIDED, FURTHER, That 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.
((Certificated))
(4) The term "instructional staff," as used in this
section, RCW 28A.41.130, and 28A.58.095 shall include those persons
employed by a school district in a teaching, instructional, educational staff
associate, or learning resources specialist((, administrative or
supervisory)) capacity and who hold positions as certificated employees as
defined under RCW 28A.01.130, as now or hereafter amended((, and every
school district superintendent, and any person hired in any manner to fill a
position designated as, or which is in fact, that of deputy superintendent or
assistant superintendent)): PROVIDED, That in exceptional cases, people of
unusual competence but without certification may teach students so long as a
certificated person exercises general supervision: PROVIDED, FURTHER, That the
hiring of such noncertificated people shall not occur during a labor dispute
and such noncertificated people shall not be hired to replace certificated
employees during a labor dispute.
The term "noninstructional staff" as used in this section shall include classified staff and those persons employed by a school district in an administrative or supervisory capacity and who hold positions as certificated employees as defined under RCW 28A.01.130, every school district superintendent, and any person hired in any manner to fill a position designated as, or which is in fact, that of deputy superintendent or assistant superintendent.
(5) Each annual average full time equivalent certificated classroom teacher's direct classroom contact hours shall average at least twenty-five hours per week. Direct classroom contact hours shall be exclusive of time required to be spent for preparation, conferences, or any other nonclassroom instruction duties. Up to two hundred minutes per week may be deducted from the twenty-five contact hour requirement, at the discretion of the school district board of directors, to accommodate authorized teacher/parent-guardian conferences, recess, passing time between classes, and informal instructional activity. Implementing rules to be adopted by the state board of education pursuant to RCW 28A.58.754(6) shall provide that compliance with the direct contact hour requirement shall be based upon teachers' normally assigned weekly instructional schedules, as assigned by the district administration. Additional record-keeping by classroom teachers as a means of accounting for contact hours shall not be required.
Sec. 4. Section 7, chapter 359, Laws of 1977 ex. sess. as amended by section 1, chapter 24, Laws of 1982 1st ex. sess. and RCW 28A.41.162 are each amended to read as follows:
In addition
to those state funds provided to school districts ((for basic education, the
legislature shall appropriate funds for pupil transportation, in accordance
with this chapter, and for programs for handicapped students, in accordance
with chapter 28A.13 RCW.)) in accordance with RCW 28A.41.130, the
legislature may appropriate funds to be distributed to school districts for
population factors such as urban costs, enrollment fluctuations and for special
programs, including but not limited to, vocational-technical institutes, ((compensatory
programs, bilingual education, urban, rural, racial and disadvantaged programs,))
programs for gifted students, and other special programs. However, none of
these programs are part of the program of basic education which the state is
required to fund under Article IX of the state Constitution.
Sec. 5. Section 2, chapter 16, Laws of 1981 as last amended by section 1, chapter 245, Laws of 1984 and RCW 28A.58.095 are each amended to read as follows:
(((1)))
Every school district board of directors shall fix, alter, allow, and order
paid salaries and ((compensation)) fringe benefits for all
district employees. No school district board of directors may ((grant))
fix salary and ((compensation increases)) fringe benefits for
instructional staff, from any fund source whatsoever, in excess of
the amount ((and/or percentage as may be provided for employees as)) set
forth in the state operating appropriations act in effect at the time the
compensation is payable. School boards may by separate contract pay
supplemental salaries and/ or fringe benefits to instructional staff for
additional days of work beyond one hundred eighty days or for additional
duties. However, such separate contracts shall not obligate the district
beyond a single school year and such separate contracts shall not be a part of
basic education and shall neither incur nor imply any current or future funding
obligation by the state. Such separate contracts shall be subject to the
collective bargaining provisions of chapter 41.59 RCW. Such separate contracts
shall be supplemental contracts for the purposes of RCW 28A.67.074 and
termination or expiration of such separate contracts shall not constitute an
adverse change under RCW 28A.58.450 through 28A.58.515. ((No school
district administrative group or administrative bargaining unit, or other
nonbargaining unit employees as defined in RCW 41.59.020(4), and 41.56.030 may
receive a total annual salary and compensation increase in excess of the amount
and/or percentage as set forth in the state operating appropriations act.
(2)
Increases in school district employee fringe benefit contributions by school
districts shall be included for purposes of determining salary and compensation
increases under this section if contributions to fringe benefits provided by a
district exceed or, by virtue of the increase, will exceed the amount provided
for fringe benefits in the state operating appropriations act in effect at the
time the compensation is payable.
(3) For
purposes of this section, salary and compensation shall not include the
following:
(a) Payment
for unused leave for illness or injury under RCW 28A.58.096, (b) Employer
contributions for the following employee fringe benefits:
(i) Old Age
Survivors Insurance
(ii)
Workers' Compensation
(iii)
Unemployment Compensation
(iv)
Retirement benefits under the Washington State Retirement System.
(4)
Provisions of any contract in force on March 20, 1981 which conflict with
requirements of this section shall continue in effect until contract
expiration. After expiration, any new contract executed between the parties
shall be consistent with this section.
(5) The
superintendent of public instruction shall ensure compliance with this section
and shall adopt rules under chapter 34.04 RCW for that purpose. The
superintendent shall monitor the salary and compensation increases provided to
employees and administrators by school districts.))
NEW SECTION. Sec. 6. The superintendent of public instruction shall by December 1, 1985, recommend to the legislature a basic education allocation formula which provides adequate but not excessive funding for districts having less than twenty-five full time equivalent students.
NEW SECTION. Sec. 7. Sections 1 through 5 of this act shall take effect September 1, 1986.