2010 Revised Code of Washington
Volume 4: Titles 28A through 35


Download as PDF VOLUME 4 Titles 28A through 35 2010 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2010 special session which adjourned April 13, 2010. (2010 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2010 Edition © 2010 State of Washington CERTIFICATE The 2010 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. MARTY BROWN, Chair STATUTE LAW COMMITTEE PRINTED ON RECYCLABLE MATERIAL For recycling information call: Recycle Hotline 1-800-732-9253 [Preface—p ii] (2010 Ed.) PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and allows for new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving vacant numbers between existing sections so that new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington's Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. A separate index is provided for the State Constitution. Sections repealed or decodified; Disposition table: Information concerning RCW sections repealed or decodified can be found in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1999 or later) consult the codification tables. A complete codification table, including Remington’s Revised Statutes, is on the Code Reviser web site at http://www.leg.wa.gov/codereviser. Notes: Notes that are more than ten years old have been removed from the print publication of the RCW except when retention has been deemed necessary to preserve the full intent of the law. All notes are displayed in the electronic copy of the RCW on the Code Reviser web site at http://www.leg.wa.gov/codereviser. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2010 Ed.) [Preface—p iii] TITLES OF THE REVISED CODE OF WASHINGTON 1 46 47 Highways and motor vehicles Motor vehicles Public highways and transportation 48 Insurance 49 50 51 Labor Labor regulations Unemployment compensation Industrial insurance 52 53 54 55 57 Local service districts Fire protection districts Port districts Public utility districts Sanitary districts Water-sewer districts 58 59 60 61 62A 63 64 65 Property rights and incidents Boundaries and plats Landlord and tenant Liens Mortgages, deeds of trust, and real estate contracts Uniform Commercial Code Personal property Real property and conveyances Recording, registration, and legal publication 66 67 68 69 70 71 71A 72 73 74 Public health, safety, and welfare Alcoholic beverage control Sports and recreation—Convention facilities Cemeteries, morgues, and human remains Food, drugs, cosmetics, and poisons Public health and safety Mental illness Developmental disabilities State institutions Veterans and veterans' affairs Public assistance 76 77 78 79 79A Public resources Forests and forest products Fish and wildlife Mines, minerals, and petroleum Public lands Public recreational lands 80 81 Public service Public utilities Transportation 82 83 84 Taxation Excise taxes Estate taxation Property taxes 85 86 87 88 89 90 91 Waters Diking and drainage Flood control Irrigation Navigation and harbor improvements Reclamation, soil conservation, and land settlement Water rights—Environment Waterways General provisions 2 3 4 5 6 7 8 9 9A 10 11 12 13 Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders 14 Aeronautics 15 16 17 Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests 18 19 20 21 22 Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits 23 23B 24 25 Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships 26 Domestic relations 27 28A 28B 28C Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education 29A Elections 30 31 32 33 Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations 34 35 35A 36 37 38 39 40 41 42 43 44 Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative [Preface—p iv] (2010 Ed.) Title 28A Chapters 28A.150 28A.155 28A.160 28A.165 28A.170 28A.175 28A.180 28A.185 28A.190 28A.193 28A.194 28A.195 28A.200 28A.205 28A.210 28A.215 28A.220 28A.225 28A.230 28A.235 28A.245 28A.250 28A.290 28A.300 28A.305 28A.310 28A.315 28A.320 28A.323 28A.325 28A.330 28A.335 28A.340 28A.343 28A.345 28A.400 28A.405 28A.410 28A.415 28A.500 28A.505 28A.510 28A.515 28A.520 28A.525 28A.527 28A.530 28A.535 28A.540 28A.545 28A.600 (2010 Ed.) Title 28A COMMON SCHOOL PROVISIONS General provisions. Special education. Student transportation. Learning assistance program. Substance abuse awareness program. Dropout prevention, intervention, and retrieval system. Transitional bilingual instruction program. Highly capable students. Residential education programs. Education programs for juvenile inmates. Education programs for juveniles in adult jails. Private schools. Home-based instruction. Education centers. Health—Screening and requirements. Early childhood, preschools, and before-andafter school care. Traffic safety. Compulsory school attendance and admission. Compulsory course work and activities. Food services. Skill centers. Online learning. Quality education council. Superintendent of public instruction. State board of education. Educational service districts. Organization and reorganization of school districts. Provisions applicable to all districts. Joint school districts—School districts in two or more educational service districts. Associated student bodies. Provisions applicable to school districts. School districts’ property. Small high school cooperative projects. School director districts. Washington state school directors’ association. Employees. Certificated employees. Certification. Institutes, workshops, and training. Local effort assistance. School districts’ budgets. Apportionment to district—District accounting. Common school construction fund. Forest reserve funds distribution. Bond issues. School facilities—2008 bond issue. District bonds for land, buildings, and equipment. Validating indebtedness. Capital fund aid by nonhigh school districts. Payment to high school districts. Students. 28A.605 Parent access. 28A.620 Community education programs. 28A.623 Meal programs. 28A.625 Awards. 28A.630 Temporary provisions—Special projects. 28A.635 Offenses relating to school property and personnel. 28A.640 Sexual equality. 28A.642 Discrimination prohibition. 28A.645 Appeals from board. 28A.650 Education technology. 28A.655 Academic achievement and accountability. 28A.657 Accountability system. 28A.660 Alternative route teacher certification. 28A.690 Agreement on qualifications of personnel. 28A.700 Secondary career and technical education. 28A.705 Interstate compact on educational opportunity for military children. 28A.900 Construction. Actions against school districts: RCW 4.08.120. Actions by school district in corporate name: RCW 4.08.110. Alcohol, pure ethyl, purchase of: RCW 66.16.010. Armories, use of by school children: RCW 38.20.010. Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3). Bankruptcy readjustment and relief from debts: Chapter 39.64 RCW. Blind, school for: Chapter 72.40 RCW. Blind made products, purchase of authorized: RCW 19.06.020. Bomb threats, penalty: RCW 9.61.160. Bond issues declaratory judgments: Chapter 7.25 RCW. general provisions applicable to declaratory judgments: Chapter 7.25 RCW. facsimile signatures, legal sufficiency: RCW 39.44.100. interest, payment of: RCW 39.44.120. maturity of bonds: RCW 39.44.070. registered bonds, statements and signatures: RCW 39.44.102. registration of bonds, coupon interest payments: RCW 39.44.120. registration of bonds, designation of fiscal agent to register bonds, fee: RCW 39.44.130. mutual savings banks, authorized investment for: RCW 32.20.070, 32.20.090. refunding bond issues, bankruptcy readjustment and relief from debts: Chapter 39.64 RCW. registration of bonds, principal payable to payee or assignee: RCW 39.44.110. savings and loan associations, investment in: RCW 33.24.050 through 33.24.070. United States, sale of bonds to at private sale: Chapter 39.48 RCW. Boxing, kickboxing, martial arts, and wrestling events exemptions for: RCW 67.08.015. physical examination of contestants, urinalysis: RCW 67.08.090. Buildings, earthquake standards for construction: RCW 70.86.020, 70.86.030. Cities and towns operating generating utilities in another county notice of loss: RCW 35.21.426. payment formulas: RCW 35.21.427. reimbursement: RCW 35.21.425. Clerk of districts, agent to receive summons: RCW 4.28.080. Common schools [Title 28A RCW—page 1] Title 28A Title 28A RCW: Common School Provisions general and uniform system to be established: State Constitution Art. 9 § 2. special legislation affecting prohibited: State Constitution Art. 2 § 28. superintendent of public instruction to supervise: State Constitution Art. 3 § 22. Condemnation: Chapter 8.16 RCW. Contracts made in violation of indebtedness limitations void: RCW 39.36.040. Conveyance of real property by public bodies—Recording: RCW 65.08.095. Crimes relating to bomb threats to: RCW 9.61.160. discrimination to deny public accommodations because of race, color or creed: RCW 9.91.010. generally: Chapter 28A.635 RCW. school buses design, marking of, mode of operation, regulations for, violating: RCW 46.61.380. stopped, failure to stop on approaching: RCW 46.61.370. Deaf, mute, or blind youth in districts, clerks of school districts to make report of: RCW 72.40.060. Debts, authority to contract: State Constitution Art. 8 § 6 (Amendment 27). Declaratory judgments, bond issues: Chapter 7.25 RCW. Discrimination—Separation of sexes in dormitories, residence halls, etc.: RCW 49.60.222. Discrimination to deny public accommodations because of race, color or creed, penalty: RCW 9.91.010. Displaced homemaker act: Chapter 28B.04 RCW. Diverse cultures and languages encouraged—State policy: RCW 1.20.100. Drivers’ training schools, generally: Chapter 46.82 RCW. Earthquake standards for construction: RCW 70.86.020, 70.86.030. Education: State Constitution Art. 9. Educational employment relations act: Chapter 41.59 RCW. Educational facilities and programs for state schools for the deaf and blind: RCW 72.40.028. Educational service districts deaf, mute, blind youth, reports of: RCW 72.40.070, 72.40.080. teachers’ retirement system, employer reports: RCW 41.50.230. Elections expenses of consolidated elections, sharing of costs: RCW 29A.04.410. polling places, availability of county, municipality, or special district facilities as polling places: RCW 29A.16.120. times for holding, in all other counties: RCW 29A.04.330. Elementary or secondary school activities, admission tax exclusion: RCW 36.38.010. Eminent domain by school districts: Chapter 8.16 RCW. Employees, qualifications to hold school office: RCW 42.04.020. Enrollment forecasts: RCW 43.62.050. Escheats bank dividends unclaimed after liquidation and winding up escheat to permanent school fund: RCW 30.44.150, 30.44.180. estate escheats for support of schools: RCW 11.08.160. permanent school fund, deposited in: RCW 11.08.160. trust company dividends unclaimed after liquidation and winding up: RCW 30.44.150, 30.44.180. Establishment and maintenance of schools guaranteed: State Constitution Art. 26 § 4. Fiscal year defined: RCW 1.16.030. Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4. Funds apportionment by special act forbidden: State Constitution Art. 2 § 28(7). county school fund, stock on highway, limitations, proceeds of sale to county school fund: RCW 16.24.070. general school fund, school patrol uniforms, traffic signs and signals, insurance for, may be paid from: RCW 46.61.385. permanent common school fund applied exclusively to common schools: State Constitution Art. 9 § 2. [Title 28A RCW—page 2] apportionment by special act forbidden: State Constitution Art. 2 § 28(7). banks and trust companies, liquidation and winding up dividends unclaimed deposited in: RCW 30.44.150, 30.44.180. personal property, proceeds deposited in: RCW 30.44.220. enlargement of, legislature may provide: State Constitution Art. 9 § 3. escheated estates deposited in: RCW 11.08.160. game and game fish lands, payments to in lieu of property taxes: RCW 77.12.201. game and game fish lands, withdrawn from lease, payment of amount of lease into: RCW 77.12.360. income from, to be applied to common schools: State Constitution Art. 9 § 2. interest in deposited in current state school fund, used for current expenses: State Constitution Art. 9 § 3. investment generally: State Constitution Art. 16 § 5. losses occasioned by default, fraud, etc., to become permanent debt against state: State Constitution Art. 9 § 5. permanent and irreducible: State Constitution Art. 9 § 3. safe deposit box contents, unclaimed after liquidation and winding up of bank or trust company, proceeds from sale deposited in: RCW 30.44.220. sources of: State Constitution Art. 9 § 3. state land acquired, lease and sale of, disposition of proceeds: RCW 79.10.030. withdrawn for game purposes, payment of amount of lease into: RCW 77.12.360. school fund, fines and forfeitures paid into: RCW 4.24.180. Garnishment: Chapter 6.27 RCW. Hearing, reports of deaf, mute, or blind youths in districts: RCW 72.40.060. High school athletic eligibility, penalty for violating: RCW 67.04.140. High schools included in public school system: State Constitution Art. 9 § 2. Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180. Indebtedness authority to contract: State Constitution Art. 8 § 6 (Amendment 27). bankruptcy readjustment and relief from debts: Chapter 39.64 RCW. computation of indebtedness: RCW 39.36.030. exceeding limitations upon, capital outlays: State Constitution Art. 8 § 6 (Amendment 27). limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW 84.52.050. limitations upon contracts made in violation of void: RCW 39.36.040. definitions: RCW 39.36.010. exceeding limitations, capital outlays: RCW 39.36.020. liabilities incurred in violation void: RCW 39.36.040. limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27), RCW 39.36.020. Intoxicating liquor, retail licenses, proximity limitations: RCW 66.24.010. Labor relations consultants: RCW 43.09.230. Lands adverse possession against: RCW 7.28.090. defined: RCW 79.02.010. eminent domain by cities against: RCW 8.12.030. by corporations, service of notice: RCW 8.20.020. by railroads and canal companies against: RCW 81.36.010. by school districts: Chapter 8.16 RCW. by state, service of notice: RCW 8.04.020. parks and recreation commission, relinquishment of control over school lands: RCW 79A.05.175. sale of educational lands, board of natural resources to fix value: RCW 79.11.080. generally: State Constitution Art. 16 §§ 2-4. school district purchases of, maximum and minimum areas, preference right to purchase: RCW 79.11.010. sale or lease of land and valuable materials, supervision and control of natural resources department over: RCW 79.11.020. state lands, included in: RCW 79.02.010. state parks and recreation, relinquishment of control over state lands: RCW 79A.05.175. (2010 Ed.) General Provisions Chapter 28A.150 Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3). State school for deaf: Chapter 72.40 RCW. Libraries, contracts for library service: RCW 27.12.180. State toxicological laboratories: RCW 68.50.107. Medical schools, requisites for accreditation and approval: RCW 18.71.055. Superintendents, duties: State Constitution Art. 3 § 22. Meetings, minutes of governmental bodies: Chapter 42.32 RCW. Motor vehicles, speed regulations when passing public school or playground cross walk: RCW 46.61.440. Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4. Parental responsibility for children with disabilities: Chapter 26.40 RCW. Parental schools general powers: RCW 72.05.300. personnel: RCW 72.05.310. Parks and recreation authority to acquire and operate: RCW 67.20.010. parks, beaches and camps, authority generally: Chapter 67.20 RCW. Periodicals, purchase of, manner of payment: RCW 42.24.035. Port and other district dissolution, disposal of funds: RCW 53.48.050, 53.49.010, 53.49.020. Printing contracts for outside state work, labor requirements: RCW 43.78.150. must be done within state, exception: RCW 43.78.130, 43.78.140. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Public employment—Evidence of educational competence: RCW 41.04.015. Public lands: Title 79 RCW. Public libraries: Chapter 27.12 RCW. Public school system, what included in: State Constitution Art. 9 § 2. Public utility districts and operating agencies construction projects causing burden to school districts, reimbursement of districts: Chapter 54.36 RCW. privilege tax for school districts: RCW 54.28.080, 54.28.090. Pupils, residence or absence does not affect right to vote: State Constitution Art. 6 § 4. Purchases, periodicals, postage, manner of payment: RCW 42.24.035. Religion, control of schools by, free from: State Constitution Art. 9 § 4, Art. 26 § 4. Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050. School directors’ association to furnish information to legislature and governor: RCW 44.04.170. School districts clerks agent to receive service of summons: RCW 4.28.080. deaf, mute, or blind youth in district, report of: RCW 72.40.060. contracts, indebtedness limitations, contracts made in violation of void: RCW 39.36.040. fiscal year defined: RCW 1.16.030. indebtedness computation of indebtedness: RCW 39.36.030. exceeding limitations upon, capital outlays: State Constitution Art. 8 § 6 (Amendment 27). limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW 84.52.050. limitations upon contracts made in violation of void: RCW 39.36.040. definitions: RCW 39.36.010. exceeding limitations, capital outlays: RCW 39.36.020. liabilities incurred in violation void: RCW 39.36.040. limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27), RCW 39.36.020. printing must be done within state: RCW 43.78.130. service of summons to, personal service: RCW 4.28.080. teachers’ retirement system, employer reports: RCW 41.50.230. School patrol: RCW 46.61.385. Sectarian control, free from: State Constitution Art. 9 § 4. State otologists, duties of: RCW 70.50.010, 70.50.020. State school for blind: Chapter 72.40 RCW. (2010 Ed.) System of schools to be established by state: State Constitution Art. 9 § 2. Taxation, property taxes, exemptions: State Constitution Art. 7 § 1 (Amendment 14). Taxing district relief act: Chapter 39.64 RCW. Teachers’ retirement and pensions: Chapter 41.32 RCW. Technical schools, included in public school system: State Constitution Art. 9 § 2. Traffic school of city or town and county: Chapter 46.83 RCW. Transportation school buses crossing arms: RCW 46.37.620. defined for motor vehicle law: RCW 46.04.521. design, marking and mode of operation, motor vehicle regulations: RCW 46.61.380. highway-railroad grade crossings, to stop at: RCW 46.61.350. lighting and safety devices: RCW 46.37.290. seat and load capacity fees, exempt from: RCW 46.16.150. signal lamps, displaying alternately flashing red lights, to have: RCW 46.37.190. special lighting equipment on: RCW 46.37.290. stop signals and flasher signal lamps: RCW 46.61.370(1). stopped school bus, vehicle must stop on approaching: RCW 46.61.370(1). vehicle license and plates, inspection requisite: RCW 46.16.020. special warning equipment and lighting regulated by the Washington state patrol: RCW 46.37.290. Warrants interest rate: RCW 39.56.020. rate fixed by issuing officer: RCW 39.56.030. Year, fiscal year defined: RCW 1.16.030. Chapter 28A.150 Chapter 28A.150 RCW GENERAL PROVISIONS Sections 28A.150.010 28A.150.020 28A.150.030 28A.150.040 28A.150.050 28A.150.060 28A.150.070 28A.150.080 28A.150.100 28A.150.198 28A.150.200 28A.150.203 28A.150.205 28A.150.210 28A.150.211 28A.150.220 28A.150.230 28A.150.240 28A.150.250 28A.150.260 28A.150.262 Public schools. Common schools. School day. School year—Beginning—End. School holidays. Certificated employee. General public school system—Administration. Superintendent of the school district. Basic education certificated instructional staff—Definition— Ratio to students. Finding—Intent—2009 c 548. Basic education act—Program contents—As meeting constitutional requirements. Definitions. Definition. Basic education act—Goal. Values and traits recognized. Basic education act—Program requirements—Program accessibility—Rules. Basic education act—District school directors’ responsibilities. Basic education act—Certificated teaching and administrative staff as accountable for classroom teaching—Scope— Responsibilities—Penalty. Annual basic education allocation of funds according to average FTE student enrollment—Student/teacher ratio standard. Annual basic education allocation of funds according to average FTE student enrollment—Procedure to determine distribution formula—Submittal to legislature—Enrollment, FTE student, certificated and classified staff, defined. Defining full-time equivalent student—Students receiving instruction through alternative learning experience online programs—Requirements—Rules. [Title 28A RCW—page 3] 28A.150.010 Title 28A RCW: Common School Provisions 28A.150.270 Annual basic education allocation of funds according to average FTE student enrollment—Procedure for crediting portion for school building purposes. 28A.150.275 Annual basic education allocation for students in technical colleges. 28A.150.280 Reimbursement for acquisition of approved transportation equipment—Method. 28A.150.290 State superintendent to make rules and regulations—Unforeseen conditions or actions to be recognized—Paperwork limited. 28A.150.295 General public school system—Maintained. 28A.150.300 Corporal punishment prohibited—Adoption of policy. 28A.150.305 Alternative educational service providers—Student eligibility. 28A.150.310 National guard youth challenge program—Allocation of funding—Rules. 28A.150.315 Voluntary all-day kindergarten programs—Funding. 28A.150.350 Part time students—Defined—Enrollment authorized— Reimbursement for costs—Funding authority recognition—Rules, regulations. 28A.150.360 Adjustments to meet emergencies. 28A.150.370 Additional programs for which legislative appropriations must or may be made. 28A.150.380 Appropriations by legislature. 28A.150.390 Appropriations for special education programs. 28A.150.392 Special education funding—Safety net awards—Rules— Annual survey and report—Safety net oversight committee. 28A.150.400 Apportionment factors to be based on current figures—Rules and regulations. 28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits. 28A.150.420 Reimbursement for classes provided outside regular school year. 28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—Advice on current job needs. 28A.150.510 Transmittal of education records to department of social and health services. 28A.150.520 High-performance public buildings—Compliance with requirements. 28A.150.530 High-performance public buildings—Implementation rules—Energy conservation report review. 28A.150.010 Public schools. Public schools shall mean the common schools as referred to in Article IX of the state Constitution and those schools and institutions of learning having a curriculum below the college or university level as now or may be established by law and maintained at public expense. [1969 ex.s. c 223 § 28A.01.055; (2004 c 22 § 24, Referendum Measure No. 55 failed to become law). Formerly RCW 28A.01.055.] 28A.150.010 28A.150.020 Common schools. "Common schools" means schools maintained at public expense in each school district and carrying on a program from kindergarten through the twelfth grade or any part thereof including vocational educational courses otherwise permitted by law. [1969 ex.s. c 223 § 28A.01.060. Prior: 1909 c 97 p 261 § 1, part; RRS § 4680, part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44, part. Formerly RCW 28A.01.060, 28.58.190, part, 28.01.060.] 28A.150.020 28A.150.030 School day. (Effective until September 1, 2011.) A school day shall mean each day of the school year on which pupils enrolled in the common schools of a school district are engaged in educational activity planned by and under the direction of the school district staff, as directed by the administration and board of directors of the district. [1971 ex.s. c 161 § 1; 1969 ex.s. c 223 § 28A.01.010. Prior: (i) 1909 c 97 p 262 § 3, part; RRS § 4687, part; prior: 1903 c 104 § 22, part; 1897 c 118 § 66, part; 1890 p 372 § 46. For28A.150.030 [Title 28A RCW—page 4] merly RCW 28.01.010, part. (ii) 1917 c 127 § 1, part; RRS § 5098, part. Cf. 1911 c 82 § 1, part; 1909 c 97 p 371 subchapter 19, part; 1897 c 118 § 181, part. Formerly RCW 28A.01.010, 28.35.030, part.] 28A.150.040 School year—Beginning—End. (Effective until September 1, 2011.) The school year shall begin on the first day of September and end with the last day of August: PROVIDED, That any school district may elect to commence the minimum annual school term as required under RCW 28A.150.220 in the month of August of any calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district. [1990 c 33 § 101; 1982 c 158 § 5; 1977 ex.s. c 286 § 1; 1975-’76 2nd ex.s. c 118 § 22; 1969 ex.s. c 223 § 28A.01.020. Prior: 1909 c 97 p 262 § 4; RRS § 4688; prior: 1897 c 118 § 67; 1890 p 373 § 49. Formerly RCW 28A.01.020, 28.01.020.] 28A.150.040 Additional notes found at www.leg.wa.gov 28A.150.050 School holidays. The following are school holidays, and school shall not be taught on these days: Sunday; the first day of January, commonly called New Year’s Day; the third Monday of January, being celebrated as the anniversary of the birth of Martin Luther King, Jr.; the third Monday in February to be known as Presidents’ Day and to be celebrated as the anniversary of the births of Abraham Lincoln and George Washington; the last Monday in May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the eleventh day of November, to be known as Veterans’ Day, the fourth Thursday in November, commonly known as Thanksgiving Day; the day immediately following Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day: PROVIDED, That no reduction from the teacher’s time or salary shall be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school shall not be taught. [1989 c 233 § 11; 1985 c 189 § 2; 1984 c 92 § 1; 1975-’76 2nd ex.s. c 24 § 2; 1973 c 32 § 1; 1969 ex.s. c 283 § 13. Prior: 1969 ex.s. c 223 § 28A.02.060; prior: 1955 c 20 § 2; 1909 c 97 p 308 § 6; RRS § 4853. Formerly RCW 28A.02.061, 28A.02.060, 28.02.060.] 28A.150.050 "Legal holidays": RCW 1.16.050. Additional notes found at www.leg.wa.gov 28A.150.060 Certificated employee. (Effective until September 1, 2011.) The term "certificated employee" as used in RCW 28A.195.010, 28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW, shall include those persons who hold certificates as authorized by rule of the Washington professional educator standards board or the superintendent of public instruction. [2005 c 497 § 212; 1990 c 33 § 102; 1977 ex.s. c 359 § 17; 1975 1st ex.s. c 288 § 21; 1973 1st ex.s. c 105 § 1. Formerly RCW 28A.01.130.] 28A.150.060 (2010 Ed.) General Provisions Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.150.198 Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes following RCW 84.52.0531. Basic Education Act, RCW 28A.150.060 as part of: RCW 28A.150.200. Construction of chapter—Employee’s rights preserved: RCW 41.59.920. Construction of chapter—Employer’s responsibilities and rights preserved: RCW 41.59.930. Additional notes found at www.leg.wa.gov 28A.150.070 General public school system—Administration. The administration of the public school system shall be entrusted to such state and local officials, boards, and committees as the state Constitution and the laws of the state shall provide. [1969 ex.s. c 223 § 28A.02.020. Prior: 1909 c 97 p 230 § 2; RRS § 4519; prior: 1897 c 118 § 19; 1890 p 348 § 2; Code 1881 §§ 3154, 3155; 1861 p 55 § 1. Formerly RCW 28A.02.020, 28.02.020.] 28A.150.070 28A.150.080 Superintendent of the school district. "Superintendent of the school district", if there be no such superintendent, shall mean such other administrative or certificated employee as the school district board of directors shall so designate. [1969 ex.s. c 223 § 28A.01.100. Formerly RCW 28A.01.100.] 28A.150.080 28A.150.100 Basic education certificated instructional staff—Definition—Ratio to students. (Effective until September 1, 2011.) (1) For the purposes of this section and RCW 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" shall mean all full time equivalent certificated instructional staff in the following programs as defined for statewide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general supportive services. (2) In the 1988-89 school year and thereafter, each school district shall maintain a ratio of at least forty-six basic education certificated instructional staff to one thousand annual average full time equivalent students. [1990 c 33 § 103; 1987 1st ex.s. c 2 § 203. Formerly RCW 28A.41.110.] 28A.150.100 Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes following RCW 84.52.0531. 28A.150.100 Basic education certificated instructional staff—Definition—Ratio to students. (Effective September 1, 2011.) (1) For the purposes of this section and RCW 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" means all full-time equivalent classroom teachers, teacher librarians, guidance counselors, certificated student health services staff, and other certificated instructional staff in the following programs as defined for statewide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general supportive services. (2) Each school district shall maintain a ratio of at least forty-six basic education certificated instructional staff to one thousand annual average full-time equivalent students. [2010 c 236 § 13; 1990 c 33 § 103; 1987 1st ex.s. c 2 § 203. Formerly RCW 28A.41.110.] 28A.150.100 Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260. Intent—2010 c 236: See note following RCW 28A.150.260. (2010 Ed.) 28A.150.198 Finding—Intent—2009 c 548. (1) Public education in Washington state has evolved since the enactment of the Washington basic education act of 1977. Decisions by the courts have played a part in this evolution, as have studies and research about education practices and education funding. The legislature finds ample evidence of a need for continuing to refine the program of basic education that is funded by the state and delivered by school districts. (2) The legislature reaffirms the work of Washington Learns and other educational task forces that have been convened over the past four years and their recommendations to make bold reforms to the entire educational system in order to educate all students to a higher level; to focus on the individualized instructional needs of students; to strive towards closing the achievement gap and reducing dropout rates; and to prepare students for a constantly evolving workforce and increasingly demanding global economy. In enacting this legislation, the legislature intends to continue to review, evaluate, and revise the definition and funding of basic education in order to continue to fulfill the state obligation under Article IX of the state Constitution. The legislature also intends to continue to strengthen and modify the structure of the entire K-12 educational system, including nonbasic education programmatic elements, in order to build the capacity to anticipate and support potential future enhancements to basic education as the educational needs of our citizens continue to evolve. (3) The legislature recognizes that the first step in revising the definition and funding of basic education is to create a transparent funding system for both allocations and expenditures so that not only policymakers and educators understand how the state supports basic education but also taxpayers. An adequate data system that enables the legislature to make rational, data-driven decisions on which educational programs impact student learning in order to more effectively and efficiently deliver the resources necessary to provide an ample program of basic education is also a necessity. A new prototypical funding system will allow the legislature to better understand how current resources are being used. A more complete and accurate educational data system will allow the legislature to understand whether current basic education programs are supporting student learning. Only with both of these systems in place can the legislature make informed decisions on how to best implement a dynamic and evolving system of basic education. (4) For practical and educational reasons, major changes of the program of basic education and the funding formulas to support it cannot occur instantaneously. The legislature intends to build upon the previous efforts of the legislature and the basic education task force in order to develop a realistic implementation strategy for a new instructional program after technical experts develop the details of the prototypical schools funding formulas and the data and reporting system that will support a new instructional program. The legislature also intends to establish a formal structure for monitoring the implementation by the legislature of an evolving program of basic education and the financing necessary to support such a program. The legislature intends that the redefined program 28A.150.198 [Title 28A RCW—page 5] 28A.150.200 Title 28A RCW: Common School Provisions of basic education and funding for the program be fully implemented by 2018. (5) It is the further intent of the legislature to also address additional issues that are of importance to the legislature but are not part of basic education. [2009 c 548 § 1.] Intent—2009 c 548: "It is the intent of the legislature that specified policies and allocation formulas adopted under this act will constitute the legislature’s definition of basic education under Article IX of the state Constitution once fully implemented. The legislature intends, however, to continue to review and revise the formulas and schedules and may make additional revisions, including revisions for technical purposes and consistency in the event of mathematical or other technical errors." [2009 c 548 § 2.] Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.150.200 Basic education act—Program contents—As meeting constitutional requirements. (Effective until September 1, 2011.) *This 1977 amendatory act shall be known and may be cited as "The Washington Basic Education Act of 1977." The program evolving from the Basic Education Act shall include (1) the goal of the school system as defined in RCW 28A.150.210, (2) those program requirements enumerated in RCW 28A.150.220, and (3) the determination and distribution of state resources as defined in RCW 28A.150.250 and 28A.150.260. The requirements of the Basic Education Act are deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and are adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools." [1990 c 33 § 104; 1977 ex.s. c 359 § 1. Formerly RCW 28A.58.750.] 28A.150.200 *Reviser’s note: For codification of "this 1977 amendatory act" [1977 ex.s. c 359], see Codification Tables, Volume 0. Additional notes found at www.leg.wa.gov 28A.150.200 Program of basic education. (Effective September 1, 2011.) (1) The program of basic education established under this chapter is deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and is adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools." (2) The legislature defines the program of basic education under this chapter as that which is necessary to provide the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to allow students to have the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip stu28A.150.200 [Title 28A RCW—page 6] dents for their role as productive citizens and includes the following: (a) The instructional program of basic education the minimum components of which are described in RCW 28A.150.220; (b) The program of education provided by chapter 28A.190 RCW for students in residential schools as defined by RCW 28A.190.020 and for juveniles in detention facilities as identified by RCW 28A.190.010; (c) The program of education provided by chapter 28A.193 RCW for individuals under the age of eighteen who are incarcerated in adult correctional facilities; and (d) Transportation and transportation services to and from school for eligible students as provided under RCW 28A.160.150 through 28A.160.180. [2009 c 548 § 101; 1990 c 33 § 104; 1977 ex.s. c 359 § 1. Formerly RCW 28A.58.750.] Effective date—2009 c 548 §§ 101-110 and 701-710: "Sections 101 through 110 and 701 through 710 of this act take effect September 1, 2011." [2009 c 548 § 804.] Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.150.203 Definitions. (Effective September 1, 2011.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Basic education goal" means the student learning goals and the student knowledge and skills described under RCW 28A.150.210. (2) "Certificated administrative staff" means all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4). (3) "Certificated employee" as used in this chapter and RCW 28A.195.010, 28A.405.100, 28A.405.210, 28 A.40 5.2 40 , 2 8A.4 05 .2 5 0, 28 A.40 5.30 0 th r ou gh 28A.405.380, and chapter 41.59 RCW, means those persons who hold certificates as authorized by rule of the Washington professional educator standards board. (4) "Certificated instructional staff" means those persons employed by a school district who are nonsupervisory certificated employees within the meaning of RCW 41.59.020(8). (5) "Class size" means an instructional grouping of students where, on average, the ratio of students to teacher is the number specified. (6) "Classified employee" means a person who does not hold a professional education certificate or is employed in a position that does not require such a certificate. (7) "Classroom teacher" means a person who holds a professional education certificate and is employed in a position for which such certificate is required whose primary duty is the daily educational instruction of students. In exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision, but the hiring of such classified employees shall not occur during a labor dispute, and such classified employees shall not be hired to replace certificated employees during a labor dispute. 28A.150.203 (2010 Ed.) General Provisions (8) "Instructional program of basic education" means the minimum program required to be provided by school districts and includes instructional hour requirements and other components under RCW 28A.150.220. (9) "Program of basic education" means the overall program under RCW 28A.150.200 and deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution. (10) "School day" means each day of the school year on which pupils enrolled in the common schools of a school district are engaged in academic and career and technical instruction planned by and under the direction of the school. (11) "School year" includes the minimum number of school days required under RCW 28A.150.220 and begins on the first day of September and ends with the last day of August, except that any school district may elect to commence the annual school term in the month of August of any calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district. (12) "Teacher planning period" means a period of a school day as determined by the administration and board of the directors of the district that may be used by teachers for instruction-related activities including but not limited to preparing instructional materials; reviewing student performance; recording student data; consulting with other teachers, instructional assistants, mentors, instructional coaches, administrators, and parents; or participating in professional development. [2009 c 548 § 102.] Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.150.205 Definition. Unless the context clearly requires otherwise, the definition in this section applies throughout RCW 28A.150.200 through 28A.150.295. "Instructional hours" means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess, and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students’ educational needs or progress, and exclusive of time actually spent for meals. [1992 c 141 § 502.] 28A.150.205 Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Additional notes found at www.leg.wa.gov 28A.150.210 Basic education act—Goal. (Effective until September 1, 2011.) The goal of the basic education act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well-being and that of their families and communities, to explore and understand different perspec28A.150.210 (2010 Ed.) 28A.150.210 tives, and to enjoy productive and satisfying lives. Additionally, the state of Washington intends to provide for a public school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all students, which includes high expectations for all students and gives all students the opportunity to achieve personal and academic success. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to: (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences; (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history, including different cultures and participation in representative government; geography; arts; and health and fitness; (3) Think analytically, logically, and creatively, and to integrate different experiences and knowledge to form reasoned judgments and solve problems; and (4) Understand the importance of work and finance and how performance, effort, and decisions directly affect future career and educational opportunities. [2007 c 400 § 1; 1993 c 336 § 101; (1992 c 141 § 501 repealed by 1993 c 336 § 1203); 1977 ex.s. c 359 § 2. Formerly RCW 28A.58.752.] Captions not law—2007 c 400: "Captions used in this act are not any part of the law." [2007 c 400 § 9.] Findings—Intent—1993 c 336: "The legislature finds that student achievement in Washington must be improved to keep pace with societal changes, changes in the workplace, and an increasingly competitive international economy. To increase student achievement, the legislature finds that the state of Washington needs to develop a public school system that focuses more on the educational performance of students, that includes high expectations for all students, and that provides more flexibility for school boards and educators in how instruction is provided. The legislature further finds that improving student achievement will require: (1) Establishing what is expected of students, with standards set at internationally competitive levels; (2) Parents to be primary partners in the education of their children, and to play a significantly greater role in local school decision making; (3) Students taking more responsibility for their education; (4) Time and resources for educators to collaboratively develop and implement strategies for improved student learning; (5) Making instructional programs more relevant to students’ future plans; (6) All parties responsible for education to focus more on what is best for students; and (7) An educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation. It is the intent of the legislature to provide students the opportunity to achieve at significantly higher levels, and to provide alternative or additional instructional opportunities to help students who are having difficulty meeting the essential academic learning requirements in RCW 28A.630.885. It is also the intent of the legislature that students who have met or exceeded the essential academic learning requirements be provided with alternative or additional instructional opportunities to help advance their educational experience. The provisions of chapter 336, Laws of 1993 shall not be construed to change current state requirements for students who receive home-based instruction under chapter 28A.200 RCW, or for students who attend stateapproved private schools under chapter 28A.195 RCW." [1993 c 336 § 1.] Findings—1993 c 336: "(1) The legislature finds that preparing students to make successful transitions from school to work helps promote educational, career, and personal success for all students. (2) A successful school experience should prepare students to make [Title 28A RCW—page 7] 28A.150.210 Title 28A RCW: Common School Provisions informed career direction decisions at critical points in their educational progress. Schools that demonstrate the relevancy and practical application of course work will expose students to a broad range of interrelated career and educational opportunities and will expand students’ posthigh school options. (3) The school-to-work transitions program, under chapter 335, Laws of 1993, is intended to help secondary schools develop model programs for school-to-work transitions. The purposes of the model programs are to provide incentives for selected schools to: (a) Integrate vocational and academic instruction into a single curriculum; (b) Provide each student with a choice of multiple, flexible educational pathways based on the student’s career interest areas; (c) Emphasize increased vocational and academic guidance and counseling for students; (d) Foster partnerships with local employers and employees to incorporate work sites as part of work-based learning experiences; (e) Encourage collaboration among middle or junior high schools and secondary schools in developing successful transition programs and to encourage articulation agreements between secondary schools and community and technical colleges. (4) The legislature further finds that successful implementation of the school-to-work transitions program is an important part of achieving the purposes of chapter 336, Laws of 1993." [1993 c 336 § 601.] Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Additional notes found at www.leg.wa.gov 28A.150.210 Basic education—Goals of school districts. (Effective September 1, 2011.) A basic education is an evolving program of instruction that is intended to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well-being and that of their families and communities, to explore and understand different perspectives, and to enjoy productive and satisfying lives. Additionally, the state of Washington intends to provide for a public school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all students, which includes high expectations for all students and gives all students the opportunity to achieve personal and academic success. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to: (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences; (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history, including different cultures and participation in representative government; geography; arts; and health and fitness; (3) Think analytically, logically, and creatively, and to integrate different experiences and knowledge to form reasoned judgments and solve problems; and (4) Understand the importance of work and finance and how performance, effort, and decisions directly affect future career and educational opportunities. [2009 c 548 § 103; 2007 c 400 § 1; 1993 c 336 § 101; (1992 c 141 § 501 repealed by 1993 c 336 § 1203); 1977 ex.s. c 359 § 2. Formerly RCW 28A.58.752.] 28A.150.210 Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. [Title 28A RCW—page 8] Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Captions not law—2007 c 400: "Captions used in this act are not any part of the law." [2007 c 400 § 9.] Findings—Intent—1993 c 336: "The legislature finds that student achievement in Washington must be improved to keep pace with societal changes, changes in the workplace, and an increasingly competitive international economy. To increase student achievement, the legislature finds that the state of Washington needs to develop a public school system that focuses more on the educational performance of students, that includes high expectations for all students, and that provides more flexibility for school boards and educators in how instruction is provided. The legislature further finds that improving student achievement will require: (1) Establishing what is expected of students, with standards set at internationally competitive levels; (2) Parents to be primary partners in the education of their children, and to play a significantly greater role in local school decision making; (3) Students taking more responsibility for their education; (4) Time and resources for educators to collaboratively develop and implement strategies for improved student learning; (5) Making instructional programs more relevant to students’ future plans; (6) All parties responsible for education to focus more on what is best for students; and (7) An educational environment that fosters mutually respectful interactions in an atmosphere of collaboration and cooperation. It is the intent of the legislature to provide students the opportunity to achieve at significantly higher levels, and to provide alternative or additional instructional opportunities to help students who are having difficulty meeting the essential academic learning requirements in RCW 28A.630.885. It is also the intent of the legislature that students who have met or exceeded the essential academic learning requirements be provided with alternative or additional instructional opportunities to help advance their educational experience. The provisions of chapter 336, Laws of 1993 shall not be construed to change current state requirements for students who receive home-based instruction under chapter 28A.200 RCW, or for students who attend stateapproved private schools under chapter 28A.195 RCW." [1993 c 336 § 1.] Findings—1993 c 336: "(1) The legislature finds that preparing students to make successful transitions from school to work helps promote educational, career, and personal success for all students. (2) A successful school experience should prepare students to make informed career direction decisions at critical points in their educational progress. Schools that demonstrate the relevancy and practical application of course work will expose students to a broad range of interrelated career and educational opportunities and will expand students’ posthigh school options. (3) The school-to-work transitions program, under chapter 335, Laws of 1993, is intended to help secondary schools develop model programs for school-to-work transitions. The purposes of the model programs are to provide incentives for selected schools to: (a) Integrate vocational and academic instruction into a single curriculum; (b) Provide each student with a choice of multiple, flexible educational pathways based on the student’s career interest areas; (c) Emphasize increased vocational and academic guidance and counseling for students; (d) Foster partnerships with local employers and employees to incorporate work sites as part of work-based learning experiences; (e) Encourage collaboration among middle or junior high schools and secondary schools in developing successful transition programs and to encourage articulation agreements between secondary schools and community and technical colleges. (4) The legislature further finds that successful implementation of the school-to-work transitions program is an important part of achieving the purposes of chapter 336, Laws of 1993." [1993 c 336 § 601.] Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Additional notes found at www.leg.wa.gov (2010 Ed.) General Provisions 28A.150.211 Values and traits recognized. The legislature also recognizes that certain basic values and character traits are essential to individual liberty, fulfillment, and happiness. However, these values and traits are not intended to be assessed or be standards for graduation. The legislature intends that local communities have the responsibility for determining how these values and character traits are learned as determined by consensus at the local level. These values and traits include the importance of: (1) Honesty, integrity, and trust; (2) Respect for self and others; (3) Responsibility for personal actions and commitments; (4) Self-discipline and moderation; (5) Diligence and a positive work ethic; (6) Respect for law and authority; (7) Healthy and positive behavior; and (8) Family as the basis of society. [1994 c 245 § 10.] 28A.150.211 Additional notes found at www.leg.wa.gov 28A.150.220 Basic education act—Program requirements—Program accessibility—Rules. (Effective until September 1, 2011.) (1) Satisfaction of the basic education program requirements identified in RCW 28A.150.210 shall be considered to be implemented by the following program: (a) Each school district shall make available to students enrolled in kindergarten at least a total instructional offering of four hundred fifty hours. The program shall include instruction in the essential academic learning requirements under *RCW 28A.630.885 and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district’s students enrolled in such program; (b) Each school district shall make available to students enrolled in grades one through twelve, at least a district-wide annual average total instructional hour offering of one thousand hours. The state board of education may define alternatives to classroom instructional time for students in grades nine through twelve enrolled in alternative learning experiences. The state board of education shall establish rules to determine annual average instructional hours for districts including fewer than twelve grades. The program shall include the essential academic learning requirements under *RCW 28A.630.885 and such other subjects and such activities as the school district shall determine to be appropriate for the education of the school district’s students enrolled in such group; (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages. (2) Nothing contained in subsection (1) of this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses. (3) Each school district’s kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school dis28A.150.220 (2010 Ed.) 28A.150.220 trict, and one hundred eighty half-days of instruction, or equivalent, in kindergarten: PROVIDED, That effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260. (4) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish. [1993 c 371 § 2; (1995 c 77 § 1 and 1993 c 371 § 1 expired September 1, 2000); 1992 c 141 § 503; 1990 c 33 § 105; 1982 c 158 § 1; 1979 ex.s. c 250 § 1; 1977 ex.s. c 359 § 3. Formerly RCW 28A.58.754.] *Reviser’s note: RCW 28A.630.885 was recodified as RCW 28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Additional notes found at www.leg.wa.gov 28A.150.220 Basic education—Minimum instructional requirements—Program accessibility—Rules. (Effective September 1, 2011.) (1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts. (2) Each school district shall make available to students the following minimum instructional offering each school year: (a) For students enrolled in grades one through twelve, at least a district-wide annual average of one thousand hours, which shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature; and (b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315. (3) The instructional program of basic education provided by each school district shall include: (a) Instruction in the essential academic learning requirements under RCW 28A.655.070; (b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits 28A.150.220 [Title 28A RCW—page 9] 28A.150.230 Title 28A RCW: Common School Provisions as established by the legislature. Course distribution requirements may be established by the state board of education under RCW 28A.230.090; (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages; (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065; (e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080; (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030. (4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses. (5) Each school district’s kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315. However, effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full-time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260. (6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district’s students. (7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish. [2009 c 548 § 104; 1993 c 371 § 2; (1995 c 77 § 1 and 1993 c 371 § 1 expired September 1, 2000); 1992 c 141 § 503; 1990 c 33 § 105; 1982 c 158 § 1; 1979 ex.s. c 250 § 1; 1977 ex.s. c 359 § 3. Formerly RCW 28A.58.754.] Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. [Title 28A RCW—page 10] Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Additional notes found at www.leg.wa.gov 28A.150.230 Basic education act—District school directors’ responsibilities. (1) It is the intent and purpose of this section to guarantee that each common school district board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper operation of their district to the local community and its electorate. In accordance with the provisions of Title 28A RCW, as now or hereafter amended, each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning. (2) In conformance with the provisions of Title 28A RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to adopt policies to: (a) Establish performance criteria and an evaluation process for its superintendent, classified staff, certificated personnel, including administrative staff, and for all programs constituting a part of such district’s curriculum. Each district shall report annually to the superintendent of public instruction the following for each employee group listed in this subsection (2)(a): (i) Evaluation criteria and rubrics; (ii) a description of each rating; and (iii) the number of staff in each rating; (b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs and data, based upon a plan to ensure that the assignment policy: (i) Supports the learning needs of all the students in the district; and (ii) gives specific attention to high-need schools and classrooms; (c) Provide information to the local community and its electorate describing the school district’s policies concerning hiring, assigning, terminating, and evaluating staff, including the criteria for evaluating teachers and principals; (d) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW 28A.150.220, or rules of the state board of education; (e) Determine the allocation of staff time, whether certificated or classified; (f) Establish final curriculum standards consistent with law and rules of the superintendent of public instruction, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district; and (g) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, in public hearing upon complaint by parents, guardians or custodians of students who consider dissemination of such material to students objectionable. [2010 c 235 § 201; 2006 c 263 § 201; 1994 c 245 § 9; 1991 c 61 § 1; 1990 c 33 § 106; 1979 ex.s. c 250 § 7; 1977 ex.s. c 359 § 18. Formerly RCW 28A.58.758.] 28A.150.230 Finding—2010 c 235: See note following RCW 28A.405.245. (2010 Ed.) General Provisions Findings—Purpose—2006 c 263: "In 2005, the legislature reconstituted the state board of education to refocus its purpose; abolished the academic achievement and accountability commission; and assigned policy and rule-making authority for educator preparation and certification to the professional educator standards board. The purpose of this act is to address the remaining statutory responsibilities of the state board of education held before 2005. The legislature finds that some duties should be retained with the reconstituted board; many duties should be transferred to other agencies or organizations, primarily but not exclusively to the superintendent of public instruction; and some duties should be repealed. This act also corrects statutes to implement fully the transfer of responsibilities authorized in 2005." [2006 c 263 § 1.] Part headings not law—2006 c 263: "Part headings used in this act are not any part of the law." [2006 c 263 § 1001.] Additional notes found at www.leg.wa.gov 28A.150.240 Basic education act—Certificated teaching and administrative staff as accountable for classroom teaching—Scope—Responsibilities—Penalty. (1) It is the intended purpose of this section to guarantee that the certificated teaching and administrative staff in each common school district be held accountable for the proper and efficient conduct of classroom teaching in their school which will provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning. (2) In conformance with the other provisions of Title 28A RCW, it shall be the responsibility of the certificated teaching and administrative staff in each common school to: (a) Implement the district’s prescribed curriculum and enforce, within their area of responsibility, the rules and regulations of the school district, the state superintendent of public instruction, and the state board of education, taking into due consideration individual differences among students, and maintain and render appropriate records and reports pertaining thereto. (b) Maintain good order and discipline in their classrooms at all times. (c) Hold students to a strict accountability while in school for any disorderly conduct while under their supervision. (d) Require excuses from the parents, guardians, or custodians of minor students in all cases of absence, late arrival to school, or early dismissal. (e) Give careful attention to the maintenance of a healthful atmosphere in the classroom. (f) Give careful attention to the safety of the student in the classroom and report any doubtful or unsafe conditions to the building administrator. (g) Evaluate each student’s educational growth and development and make periodic reports thereon to parents, guardians, or custodians and to school administrators. Failure to carry out such requirements as set forth in subsection (2)(a) through (g) above shall constitute sufficient cause for discharge of any member of such teaching or administrative staff. [1979 ex.s. c 250 § 5; 1977 ex.s. c 359 § 19. Formerly RCW 28A.58.760.] 28A.150.240 Additional notes found at www.leg.wa.gov 28A.150.250 Annual basic education allocation of funds according to average FTE student enrollment— Student/teacher ratio standard. (Effective until September 1, 2011.) From those funds made available by the legislature for the current use of the common schools, the superin28A.150.250 (2010 Ed.) 28A.150.250 tendent of public instruction shall distribute annually as provided in RCW 28A.510.250 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.520.010 and 28A.520.020, 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.150.220. Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.150.250 and 28A.150.260 to fund those program requirements identified in RCW 28A.150.220 in accordance with the formula and ratios provided in RCW 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW 28A.150.100 and 28A.150.410. Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher 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 the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, 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 ratio requirements of this section by virtue of a small number of students. If a school district’s basic education program fails to meet the basic education requirements enumerated in RCW 28A.150.250, 28A.150.260, and 28A.150.220, 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. [1990 c 33 § 107; 1987 1st ex.s. c 2 § 201; 1986 c 144 § 1; 1983 c 3 § 30; 1982 c 158 § 3; 1982 c 158 § 2; 1980 c 154 § 12; 1979 ex.s. c 250 § 2; 1977 ex.s. c 359 § 4; 1975 1st ex.s. c 211 § 1; 1973 2nd ex.s. c 4 § 1; 1973 1st ex.s. c 195 § 9; 1973 c 46 § 2. See also 1973 1st ex.s. c 195 §§ 136, 137, 138 and 139. Prior: 1972 ex.s. c 124 § 1; 1972 ex.s. c 105 § 2; 1971 ex.s. c 294 § 19; 1969 c 138 § 2; 1969 ex.s. c 223 § 28A.41.130; prior: 1967 ex.s. c 140 § 3; 1965 ex.s. c 171 § 1; 1965 ex.s. c 154 § 2; prior: (i) 1949 c 212 § 1, part; 1945 c 141 § 4, part; 1923 c 96 § 1, part; 1911 c 118 § 1, part; 1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-4, [Title 28A RCW—page 11] 28A.150.250 Title 28A RCW: Common School Provisions part. (ii) 1949 c 212 § 2, part; 1945 c 141 § 5, part; 1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-5, part. Formerly RCW 28A.41.130, 28.41.130.] Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Purpose—Effective dates—Savings—Disposition of certain funds— Severability—1980 c 154: See notes following chapter 82.45 RCW digest. Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531. Basic Education Act, RCW 28A.150.250 as part of: RCW 28A.150.200. Purpose—Effective dates—Savings—Disposition of certain funds— Severability—1980 c 154: See notes following chapter 82.45 RCW digest. Distribution of forest reserve funds—As affects basic education allocation: RCW 28A.520.020. Additional notes found at www.leg.wa.gov 28A.150.250 Annual basic education allocation— Full funding—Withholding of funds for noncompliance. (Effective September 1, 2011.) (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.510.250 to each school district of the state operating a basic education instructional program approved by the state board of education an amount based on the formulas provided in RCW 28A.150.260, 28A.150.390, and 28A.150.392 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.520.010 and 28A.520.020, 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. (2) The instructional program of basic education shall be considered to be fully funded by those amounts of dollars a p p r o p r i at ed b y t h e leg i s la t u r e p u r su a n t to R C W 28A.150.260, 28A.150.390, and 28A.150.392 to fund those program requirements identified in RCW 28A.150.220 in accordance with the formula provided in RCW 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW 28A.150.410. (3) If a school district’s basic education program fails to meet the basic education requirements enumerated in RCW 28A.150.260 and 28A.150.220, 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. However, the state board of education may waive this requirement in the event of substantial lack of classroom space. [2009 c 548 § 105; 1990 c 33 § 107; 1987 1st ex.s. c 2 § 201; 1986 c 144 § 1; 1983 c 3 § 30; 1982 c 158 § 3; 1982 c 158 § 2; 1980 c 154 § 12; 1979 ex.s. c 250 § 2; 1977 ex.s. c 359 § 4; 1975 1st ex.s. c 211 § 1; 1973 2nd ex.s. c 4 § 1; 1973 1st ex.s. c 195 § 9; 1973 c 46 § 2. See also 1973 1st ex.s. c 195 §§ 136, 137, 138 and 139. Prior: 1972 ex.s. c 124 § 1; 1972 ex.s. c 105 § 2; 1971 ex.s. c 294 § 19; 1969 c 138 § 2; 1969 ex.s. c 223 § 28A.41.130; prior: 1967 ex.s. c 140 § 3; 1965 ex.s. c 171 § 1; 1965 ex.s. c 154 § 2; prior: (i) 1949 c 212 § 1, part; 1945 c 141 § 4, part; 1923 c 96 § 1, part; 1911 c 118 § 1, part; 1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-4, part. (ii) 1949 c 212 § 2, part; 1945 c 141 § 5, part; 1909 c 97 p 312 §§ 7-10, part; Rem. Supp. 1949 § 4940-5, part. Formerly RCW 28A.41.130, 28.41.130.] 28A.150.250 [Title 28A RCW—page 12] Basic Education Act, RCW 28A.150.250 as part of: RCW 28A.150.200. Distribution of forest reserve funds—As affects basic education allocation: RCW 28A.520.020. Additional notes found at www.leg.wa.gov 28A.150.260 Annual basic education allocation of funds according to average FTE student enrollment— Procedure to determine distribution formula—Submittal to legislature—Enrollment, FTE student, certificated and classified staff, defined. (Effective until September 1, 2011.) The basic education allocation for each annual average full time equivalent student shall be determined in accordance with the following procedures: (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula based on a ratio of students to 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: (a) Certificated instructional staff and their related costs; (b) Certificated administrative staff and their related costs; (c) Classified staff and their related costs; (d) Nonsalary costs; (e) Extraordinary costs, including school facilities, of remote and necessary schools as judged by the superintendent of public instruction, with recommendations from the school facilities citizen advisory panel under RCW 28A.525.025, and small high schools, including costs of additional certificated and classified staff; and (f) The attendance of students pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. (2)(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. The formula shall be for allocation purposes only. While the legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to students, nothing in this section shall require districts to reduce the number of administrative staff below existing levels. (b) The formula adopted by the legislature shall reflect the following ratios at a minimum: (i) Forty-nine certificated instructional staff to one thousand annual average full time equivalent students enrolled in grades kindergarten through three; (ii) forty-six certificated instructional staff to one thousand annual average full time equivalent students in grades four through twelve; (iii) four certificated administrative staff 28A.150.260 (2010 Ed.) General Provisions to one thousand annual average full time equivalent students in grades kindergarten through twelve; and (iv) sixteen and sixty-seven one-hundredths classified personnel to one thousand annual average full time equivalent students enrolled in grades kindergarten through twelve. (c) 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 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 those program requirem ents id entified in RCW 28A.1 50.2 20 and 28A.150.100. 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 and shall exclude full time equivalent students with disabilities recognized for the purposes of allocation of state funds for programs under RCW 28A.155.010 through 28A.155.100. The definition of full time equivalent student shall be determined by rules 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. (3)(a) Certificated instructional staff shall include those persons employed by a school district who are nonsupervisory employees within the meaning of RCW 41.59.020(8): 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 classified people shall not occur during a labor dispute and such classified people shall not be hired to replace certificated employees during a labor dispute. (b) Certificated administrative staff shall include all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4). [2006 c 263 § 322; 1997 c 13 § 2; (1997 c 13 § 1 and 1995 c 77 § 2 expired September 1, 2000); 1995 c 77 § 3; 1992 c 141 § 507; 1992 c 141 § 303; 1991 c 116 § 10; 1990 c 33 § 108; 1987 1st ex.s. c 2 § 202; 1985 c 349 § 5; 1983 c 229 § 1; 1979 ex.s. c 250 § 3; 1979 c 151 § 12; 1977 ex.s. c 359 § 5; 1969 ex.s. c 244 § 14. Prior: 1969 ex.s. c 217 § 3; 1969 c 130 § 7; 1969 ex.s. c 223 § 28A.41.140; prior: 1965 ex.s. c 154 § 3. Formerly RCW 28A.41.140, 28.41.140.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes following RCW 84.52.0531. Basic Education Act, RCW 28A.150.260 as part of: RCW 28A.150.200. (2010 Ed.) 28A.150.260 Distribution of forest reserve funds—As affects basic education allocation: RCW 28A.520.020. Additional notes found at www.leg.wa.gov 28A.150.260 28A.150.260 Allocation of state funding to support instructional program of basic education—Distribution formula—Prototypical schools—Enhancements and adjustments—Review and approval—Enrollment calculation. (Effective September 1, 2011.) 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; [Title 28A RCW—page 13] 28A.150.260 Title 28A RCW: Common School Provisions (ii) A prototypical middle school has four hundred thirtytwo 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25.23 Grade 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27.00 Grades 5-6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27.00 Grades 7-8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28.53 Grades 9-12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28.74 (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 fulltime 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 laboratory science, 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 Principals, assistant principals, and other certificated building-level administrators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Teacher librarians, a function that includes information literacy, technology, and media to support school library media programs . . . . . . Health and social services: School nurses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Social workers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Psychologists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance counselors, a function that includes parent outreach and graduation advising. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Teaching assistance, including any aspect of educational instructional services provided by classified employees . . . . . . . . . . . . . . . . . . . . . . . . Office support and other noninstructional aides . . . . . . . . . . . . . . . . . . . . Custodians. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Classified staff providing student and staff safety . . . . . . . . . . . . . . . . . . Parent involvement coordinators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 [Title 28A RCW—page 14] Middle School High School 1.253 1.353 1.880 0.663 0.519 0.523 0.076 0.042 0.017 0.060 0.006 0.002 0.096 0.015 0.007 0.493 1.116 1.909 0.936 2.012 1.657 0.079 0.00 0.700 2.325 1.942 0.092 0.00 0.652 3.269 2.965 0.141 0.00 (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) of this subsection, the minimum allocation for each school district shall include (2010 Ed.) General Provisions 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 (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) 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: (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. (2010 Ed.) 28A.150.260 (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 transit i o n a l b i l i n g u a l i n s t r u ct i o n p r o g r a m u n d e r R C W 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. (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. (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 parttime 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 [Title 28A RCW—page 15] 28A.150.262 Title 28A RCW: Common School Provisions equivalent students in the common schools in conjunction with RCW 43.62.050. [2010 c 236 § 2; 2009 c 548 § 106; 2006 c 263 § 322; 1997 c 13 § 2; (1997 c 13 § 1 and 1995 c 77 § 2 expired September 1, 2000); 1995 c 77 § 3; 1992 c 141 § 507; 1992 c 141 § 303; 1991 c 116 § 10; 1990 c 33 § 108; 1987 1st ex.s. c 2 § 202; 1985 c 349 § 5; 1983 c 229 § 1; 1979 ex.s. c 250 § 3; 1979 c 151 § 12; 1977 ex.s. c 359 § 5; 1969 ex.s. c 244 § 14. Prior: 1969 ex.s. c 217 § 3; 1969 c 130 § 7; 1969 ex.s. c 223 § 28A.41.140; prior: 1965 ex.s. c 154 § 3. Formerly RCW 28A.41.140, 28.41.140.] Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: "Sections 2, 3, 4, 8, 10, 13, and 14 of this act take effect September 1, 2011." [2010 c 236 § 19.] Intent—2010 c 236: "(1) It is the legislature’s intent to continue implementation of chapter 548, Laws of 2009, by adopting the technical details of a new distribution formula for the instructional program of basic education and authorizing a phase-in of implementation of a new distribution formula for pupil transportation, both to take effect during the 2011-2013 biennium. Unless otherwise stated, the numeric values adopted in section 2 of this act represent the translation of 2009-10 state funding levels for the basic education act into the funding factors of the prototypical school funding formula, based on the expert advice and extensive work of the funding formula technical working group established by the legislature for this purpose. The legislature intends to continue to review and revise the formulas and may make revisions as necessary for technical purposes and consistency in the event of mathematical or other technical errors. (2) The legislature intends that per-pupil basic education funding for a school district shall not be decreased as a result of the transition of basic education funding formulas in effect during the 2009-2011 biennium to the new funding formulas under RCW 28A.150.260 that take effect during the 20112013 biennium. (3) It is also the legislature’s intent to begin phasing-in enhancements to the baseline funding levels of 2009-10 in the 2011-2013 biennium for pupil transportation, class size allocations for grades kindergarten through three, full-day kindergarten, and allocations for maintenance, supplies, and operating costs. (4) Finally, it is the legislature’s intent to adjust the timelines for other working groups so that their expertise and advice can be received as soon as possible and to make technical adjustments to certain provisions of chapter 548, Laws of 2009." [2010 c 236 § 1.] Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes following RCW 84.52.0531. Basic Education Act, RCW 28A.150.260 as part of: RCW 28A.150.200. Distribution of forest reserve funds—As affects basic education allocation: RCW 28A.520.020. Additional notes found at www.leg.wa.gov 28A.150.262 Defining full-time equivalent student— Students receiving instruction through alternative learning experience online programs—Requirements—Rules. Under RCW 28A.150.260, the superintendent of public instruction shall revise the definition of a full-time equivalent student to include students who receive instruction through alternative learning experience online programs. As used in this section, an "alternative learning experience online program" is a set of online courses or an online school program as defined in RCW 28A.250.010 that is delivered to students 28A.150.262 [Title 28A RCW—page 16] in whole or in part independently from a regular classroom schedule. The superintendent of public instruction has the authority to adopt rules to implement the revised definition beginning with the 2005-2007 biennium for school districts claiming state funding for the programs. The rules shall include but not be limited to the following: (1) Defining a full-time equivalent student under RCW 28A.150.260 or part-time student under RCW 28A.150.350 based upon the district’s estimated average weekly hours of learning activity as identified in the student’s learning plan, as long as the student is found, through monthly evaluation, to be making satisfactory progress; the rules shall require districts providing programs under this section to nonresident students to establish procedures that address, at a minimum, the coordination of student counting for state funding so that no student is counted for more than one full-time equivalent in the aggregate; (2) Requiring the board of directors of a school district offering, or contracting under RCW 28A.150.305 to offer, an alternative learning experience online program to adopt and annually review written policies for each program and program provider and to receive an annual report on its digital alternative learning experience online programs from its staff; (3) Requiring each school district offering or contracting to offer an alternative learning experience online program to report annually to the superintendent of public instruction on the types of programs and course offerings, and number of students participating; (4) Requiring completion of a program self-evaluation; (5) Requiring documentation of the district of the student’s physical residence; (6) Requiring that supervision, monitoring, assessment, and evaluation of the alternative learning experience online program be provided by certificated instructional staff; (7) Requiring each school district offering courses or programs to identify the ratio of certificated instructional staff to full-time equivalent students enrolled in such courses or programs, and to include a description of their ratio as part of the reports required under subsections (2) and (3) of this section; (8) Requiring reliable methods to verify a student is doing his or her own work; the methods may include proctored examinations or projects, including the use of web cams or other technologies. "Proctored" means directly monitored by an adult authorized by the school district; (9) Requiring, for each student receiving instruction in an alternative learning experience online program, a learning plan that includes a description of course objectives and information on the requirements a student must meet to successfully complete the program or courses. The rules shall allow course syllabi and other additional information to be used to meet the requirement for a learning plan; (10) Requiring that the district assess the educational progress of enrolled students at least annually, using, for fulltime students, the state assessment for the student’s grade level and using any other annual assessments required by the school district. Part-time students shall also be assessed at least annually. However, part-time students who are either receiving home-based instruction under chapter 28A.200 RCW or who are enrolled in an approved private school (2010 Ed.) General Provisions under chapter 28A.195 RCW are not required to participate in the assessments required under chapter 28A.655 RCW. The rules shall address how students who reside outside the geographic service area of the school district are to be assessed; (11) Requiring that each student enrolled in the program have direct personal contact with certificated instructional staff at least weekly until the student completes the course objectives or the requirements in the learning plan. Direct personal contact is for the purposes of instruction, review of assignments, testing, evaluation of student progress, or other learning activities. Direct personal contact may include the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication; (12) Requiring state-funded public schools or public school programs whose primary purpose is to provide alternative learning experience online learning programs to receive accreditation through the Northwest association of accredited schools or another national, regional, or state accreditation program listed by the office of the superintendent of public instruction after consultation with the Washington coalition for online learning; (13) Requiring state-funded public schools or public school programs whose primary purpose is to provide alternative learning experience online learning to provide information to students and parents on whether or not the courses or programs: Cover one or more of the school district’s learning goals or of the state’s essential academic learning requirements or whether they permit the student to meet one or more of the state’s or district’s graduation requirements; and (14) Requiring that a school district that provides one or more alternative learning experience online courses to a student provide the parent or guardian of the student, prior to the student’s enrollment, with a description of any difference between home-based education as described in chapter 28A.200 RCW and the enrollment option selected by the student. The parent or guardian shall sign documentation attesting to his or her understanding of the difference and the documentation shall be retained by the district and made available for audit. [2009 c 542 § 9; 2005 c 356 § 2.] Findings—Intent—2005 c 356: "The legislature finds that digital learning courses and programs can provide students with opportunities to study subjects that may not otherwise be available within the students’ schools, school districts, or communities. These courses can also meet the instructional needs of students who have scheduling conflicts, students who learn best from technology-based instructional methods, and students who have a need to enroll in schools on a part-time basis. Digital learning courses can also meet the needs of students and families seeking nontraditional learning environments. The legislature further finds that the state rules used by school districts to support some digital learning courses were adopted before these types of courses were created, so the rules are not well-suited to the funding and delivery of digital instruction. It is the intent of the legislature to clarify the funding and delivery requirements for digital learning courses." [2005 c 356 § 1.] 28A.150.270 Annual basic education allocation of funds according to average FTE student enrollment— Procedure for crediting portion for school building purposes. The board of directors of a school district may, by properly executed resolution, request that the superintendent of public instruction direct a portion of the district’s basic education allocation be credited to the district’s capital 28A.150.270 (2010 Ed.) 28A.150.290 projects fund and/or bond redemption fund. Moneys so credited shall be used solely for school building purposes. [1985 c 7 § 89; 1980 c 154 § 13. Formerly RCW 28A.41.143.] Purpose—Effective dates—Savings—Disposition of certain funds— Severability—1980 c 154: See notes following chapter 82.45 RCW digest. School funds enumerated—Deposits—Uses: RCW 28A.320.330. 28A.150.275 Annual basic education allocation for students in technical colleges. The basic education allocation, including applicable vocational entitlements and special education program money, generated under this chapter and under state appropriation acts by school districts for students enrolled in a technical college program established by an interlocal agreement under RCW 28B.50.533 shall be allocated in amounts as determined by the superintendent of public instruction to the serving college rather than to the school district, unless the college chooses to continue to receive the allocations through the school districts. This section does not apply to students enrolled in the running start program established in RCW 28A.600.310. [1995 c 77 § 4; 1993 c 223 § 1.] 28A.150.275 28A.150.280 Reimbursement for acquisition of approved transportation equipment—Method. Costs of acquisition of approved transportation equipment purchased prior to September 1, 1982, shall be reimbursed up to one hundred percent of the cost to be reimbursed over the anticipated life of the vehicle, as determined by the state superintendent: PROVIDED, That commencing with the 1980-81 school year, reimbursement shall be at one hundred percent or as close thereto as reasonably possible: PROVIDED FURTHER, That reimbursements for the acquisition of approved transportation equipment received by school districts shall be placed in the transportation vehicle fund for the current or future purchase of approved transportation equipment and for major transportation equipment repairs consistent with rules and regulations authorized in RCW 28A.160.130. [1993 c 111 § 1. Prior: 1990 c 33 § 110; 1990 c 33 § 109; 1981 c 343 § 1; 1981 c 265 § 9; 1981 c 265 § 8; 1977 ex.s. c 359 § 6; 1977 c 80 § 3; 1975 1st ex.s. c 275 § 60; 1972 ex.s. c 85 § 1; 1971 c 48 § 14; 1969 ex.s. c 223 § 28A.41.160; prior: 1965 ex.s. c 154 § 5. Formerly RCW 28A.41.160, 28.41.160.] 28A.150.280 Additional programs for which legislative appropriations must or may be made: RCW 28A.150.370. Basic Education Act, RCW 28A.150.280 as part of: RCW 28A.150.200. Transportation vehicle fund—Deposits in—Use—Rules for establishment and use: RCW 28A.160.130. Additional notes found at www.leg.wa.gov 28A.150.290 State superintendent to make rules and regulations—Unforeseen conditions or actions to be recognized—Paperwork limited. (1) The superintendent of public instruction shall have the power and duty to make such rules and regulations as are necessary for the proper administration of this chapter and RCW 28A.160.150 through *28A.160.220, 28A.300.170, and 28A.500.010 not inconsistent with the provisions thereof, and in addition to require such reports as may be necessary to carry out his or her duties under this chapter and RCW 28A.160.150 through *28A.160.220, 28A.300.170, and 28A.500.010. 28A.150.290 [Title 28A RCW—page 17] 28A.150.295 Title 28A RCW: Common School Provisions (2) The superintendent of public instruction shall have the authority to make rules and regulations which establish the terms and conditions for allowing school districts to receive state basic education moneys as provided in RCW 28A.150.250 when said districts are unable to fulfill for one or more schools as officially scheduled the requirement of a full school year of one hundred eighty days or the annual average total instructional hour offering imposed by RCW 28A.150.220 and 28A.150.260 due to one or more of the following conditions: (a) An unforeseen natural event, including, but not necessarily limited to, a fire, flood, explosion, storm, earthquake, epidemic, or volcanic eruption that has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable; and (b) An unforeseen mechanical failure or an unforeseen action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a school district board of directors and its employees and (ii) has the direct or indirect effect of rendering one or more school district facilities unsafe, unhealthy, inaccessible, or inoperable. Such actions, inactions or mechanical failures may include, but are not necessarily limited to, arson, vandalism, riots, insurrections, bomb threats, bombings, delays in the scheduled completion of construction projects, and the discontinuance or disruption of utilities such as heating, lighting and water: PROVIDED, That an unforeseen action or inaction shall not include any labor dispute between a school district board of directors and any employee of the school district. A condition is foreseeable for the purposes of this subsection to the extent a reasonably prudent person would have anticipated prior to August first of the preceding school year that the condition probably would occur during the ensuing school year because of the occurrence of an event or a circumstance which existed during such preceding school year or a prior school year. A board of directors of a school district is deemed for the purposes of this subsection to have knowledge of events and circumstances which are a matter of common knowledge within the school district and of those events and circumstances which can be discovered upon prudent inquiry or inspection. (3) The superintendent of public instruction shall make every effort to reduce the amount of paperwork required in administration of this chapter and RCW 28A.160.150 through *28A.160.220, 28A.300.170, and 28A.500.010; to simplify the application, monitoring and evaluation processes used; to eliminate all duplicative requests for information from local school districts; and to make every effort to integrate and standardize information requests for other state education acts and federal aid to education acts administered by the superintendent of public instruction so as to reduce paperwork requirements and duplicative information requests. [1992 c 141 § 504; 1990 c 33 § 111; 1981 c 285 § 1; 1979 ex.s. c 250 § 6; 1973 1st ex.s. c 78 § 1; 1972 ex.s. c 105 § 4; 1971 c 46 § 1; 1969 ex.s. c 3 § 2; 1969 ex.s. c 223 § 28A.41.170. Prior: 1965 ex.s. c 154 § 6. Formerly RCW 28A.41.170, 28.41.170.] *Reviser’s note: RCW 28A.160.220 was recodified as RCW 28A.300.035 pursuant to 1994 c 113 § 2. [Title 28A RCW—page 18] Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Additional notes found at www.leg.wa.gov 28A.150.295 General public school system—Maintained. A general and uniform system of public schools embracing the common schools shall be maintained throughout the state of Washington in accordance with Article IX of the state Constitution. [1969 ex.s. c 223 § 28A.02.010. Prior: 1909 c 97 p 230 § 1; RRS § 4518; prior: 1897 c 118 § 1; 1890 p 348 § 1. Formerly RCW 28A.02.010, 28.02.010.] 28A.150.295 28A.150.300 Corporal punishment prohibited— Adoption of policy. The use of corporal punishment in the common schools is prohibited. The superintendent of public instruction shall develop and adopt a policy prohibiting the use of corporal punishment in the common schools. The policy shall be adopted and implemented in all school districts. [2006 c 263 § 702; 1993 c 68 § 1.] 28A.150.300 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.150.305 Alternative educational service providers—Student eligibility. (1) The board of directors of school districts may contract with alternative educational service providers for eligible students. Alternative educational service providers that the school district may contract with include, but are not limited to: (a) Other schools; (b) Alternative education programs not operated by the school district; (c) Education centers; (d) Skills centers; (e) The Washington national guard youth challenge program; (f) Dropout prevention programs; or (g) Other public or private organizations, excluding sectarian or religious organizations. (2) Eligible students include students who are likely to be expelled or who are enrolled in the school district but have been suspended, are academically at risk, or who have been subject to repeated disciplinary actions due to behavioral problems. (3) If a school district board of directors chooses to initiate specialized programs for students at risk of expulsion or who are failing academically by contracting out with alternative educational service providers identified in subsection (1) of this section, the school district board of directors and the organization must specify the specific learning standards that students are expected to achieve. Placement of the student shall be jointly determined by the school district, the student’s parent or legal guardian, and the alternative educational service provider. (4) For the purpose of this section, the superintendent of public instruction shall adopt rules for reporting and documenting enrollment. Students may reenter at the grade level appropriate to the student’s ability. Students who are sixteen years of age or older may take the GED test. (5) The board of directors of school districts may require that students who would otherwise be suspended or expelled attend schools or programs listed in subsection (1) of this sec28A.150.305 (2010 Ed.) General Provisions tion as a condition of continued enrollment in the school district. [2002 c 291 § 1; 1997 c 265 § 6.] Additional notes found at www.leg.wa.gov 28A.150.310 National guard youth challenge program—Allocation of funding—Rules. Basic and nonbasic education funding, including applicable vocational entitlements and special education program money, generated under this chapter and under state appropriations acts shall be allocated directly to the military department for a national guard youth challenge program for students earning high school graduation credit under *RCW 28A.305.170. Funding shall be provided based on statewide average rates for basic education, special education, categorical, and block grant programs as determined by the office of the superintendent of public instruction. The monthly full-time equivalent enrollment reported for students enrolled in the national guard youth challenge program shall be based on one full-time equivalent for every one hundred student hours of scheduled instruction eligible for high school graduation credit. The office of the superintendent of public instruction, in consultation with the military department, shall adopt such rules as are necessary to implement this section. [2002 c 291 § 2.] 28A.150.310 *Reviser’s note: RCW 28A.305.170 was recodified as RCW 28A.300.165 pursuant to 2006 c 263 § 419. 28A.150.315 Voluntary all-day kindergarten programs—Funding. (Effective until September 1, 2011.) (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school’s percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions: (a) Provide at least a one thousand-hour instructional program; (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in: (i) Developing initial skills in the academic areas of reading, mathematics, and writing; (ii) Developing a variety of communication skills; (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English; (iv) Acquiring large and small motor skills; (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and (vi) Learning through hands-on experiences; (c) Establish learning environments that are developmentally appropriate and promote creativity; (d) Demonstrate strong connections and communication with early learning community providers; and 28A.150.315 (2010 Ed.) 28A.150.315 (e) Participate in kindergarten program readiness activities with early learning providers and parents. (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality allday kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities. (3) Any funds allocated to support all-day kindergarten programs under this section shall not be considered as basic education funding. [2007 c 400 § 2.] Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW 28A.150.210. 28A.150.315 Voluntary all-day kindergarten programs—Funding. (Effective September 1, 2011.) (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. During the 2011-2013 biennium, funding shall continue to be phased-in each year until full statewide implementation of all-day kindergarten is achieved in the 2017-18 school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school’s percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions: (a) Provide at least a one thousand-hour instructional program; (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in: (i) Developing initial skills in the academic areas of reading, mathematics, and writing; (ii) Developing a variety of communication skills; (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English; (iv) Acquiring large and small motor skills; (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and (vi) Learning through hands-on experiences; (c) Establish learning environments that are developmentally appropriate and promote creativity; (d) Demonstrate strong connections and communication with early learning community providers; and (e) Participate in kindergarten program readiness activities with early learning providers and parents. 28A.150.315 [Title 28A RCW—page 19] 28A.150.350 Title 28A RCW: Common School Provisions (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality allday kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities. [2010 c 236 § 4; 2009 c 548 § 107; 2007 c 400 § 2.] Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260. Intent—2010 c 236: See note following RCW 28A.150.260. Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Capti ons no t la w— 200 7 c 400: See no te fol lo win g RC W 28A.150.210. 28A.150.350 Part time students—Defined—Enrollment authorized—Reimbursement for costs—Funding authority recognition—Rules, regulations. (1) For purposes of this section, the following definitions shall apply: (a) "Private school student" shall mean any student enrolled full time in a private school; (b) "School" shall mean any primary, secondary or vocational school; (c) "School funding authority" shall mean any nonfederal governmental authority which provides moneys to common schools; (d) "Part time student" shall mean and include: Any student enrolled in a course of instruction in a private school and taking courses at and/or receiving ancillary services offered by any public school not available in such private school; or any student who is not enrolled in a private school and is receiving home-based instruction under RCW 28A.225.010 which instruction includes taking courses at or receiving ancillary services from the local school district or both; or any student involved in any work training program and taking courses in any public school, which work training program is approved by the school board of the district in which such school is located. (2) The board of directors of any school district is authorized and, in the same manner as for other public school students, shall permit the enrollment of and provide ancillary services for part time students: PROVIDED, That this section shall only apply to part time students who would be otherwise eligible for full time enrollment in the school district. (3) The superintendent of public instruction shall recognize the costs to each school district occasioned by enrollment of and/or ancillary services provided for part time students authorized by subsection (2) of this section and shall include such costs in the distribution of funds to school districts pursuant to RCW 28A.150.260. Each school district shall be reimbursed for the costs or a portion thereof, occa28A.150.350 [Title 28A RCW—page 20] sioned by attendance of and/or ancillary services provided for part time students on a part time basis, by the superintendent of public instruction, according to law. (4) Each school funding authority shall recognize the costs occasioned to each school district by enrollment of and ancillary services provided for part time students authorized by subsection (2) of this section, and shall include said costs in funding the activities of said school districts. (5) The superintendent of public instruction is authorized to adopt rules and regulations to carry out the purposes of RCW 28A.150.260 and 28A.150.350. [1990 c 33 § 112; 1985 c 441 § 5; 1977 ex.s. c 359 § 8; 1972 ex.s. c 14 § 1; 1969 ex.s. c 217 § 4. Formerly RCW 28A.41.145.] Basic Education Act, RCW 28A.150.350 as part of: RCW 28A.150.200. Additional notes found at www.leg.wa.gov 28A.150.360 Adjustments to meet emergencies. In the event of an unforeseen emergency, in the nature of either an unavoidable cost to a district or unexpected variation in anticipated revenues to a district, the state superintendent is authorized, for not to exceed two years, to make such an adjustment in the allocation of funds as is consistent with the intent of this chap ter, RC W 2 8A.160 .15 0 thr ough 28A.160.210, 28A.300.170, and 28A.500.010 in providing an equal educational opportunity for the children of such district or districts. [1995 c 335 § 101; 1990 c 33 § 113; 1969 ex.s. c 223 § 28A.41.150. Prior: 1965 ex.s. c 154 § 4. Formerly RCW 28A.41.150, 28.41.150.] 28A.150.360 Additional notes found at www.leg.wa.gov 28A.150.370 Additional programs for which legislative appropriations must or may be made. (Effective until September 1, 2011.) 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, RCW 28A.160.150 through 28A.160.210, 28A.300.035, 28A.300.170, and 28A.500.010, and for special education programs for students with disabilities, in accordance with RCW 28A.155.010 through 28A.155.100. 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. [1995 c 335 § 102; 1995 c 77 § 5; 1990 c 33 § 114; 1982 1st ex.s. c 24 § 1; 1977 ex.s. c 359 § 7. Formerly RCW 28A.41.162.] 28A.150.370 Reviser’s note: This section was amended by 1995 c 77 § 5 and by 1995 c 335 § 102, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Basic Education Act, RCW 28A.150.370 as part of: RCW 28A.150.200. Additional notes found at www.leg.wa.gov 28A.150.380 Appropriations by legislature. (Effective until September 1, 2011.) (1) The state legislature shall, at each regular session in an odd-numbered year, appropriate from the state general fund for the current use of the common schools such amounts as needed for state support to the common schools during the ensuing biennium as provided in this 28A.150.380 (2010 Ed.) General Provisions chapter, RCW 28A.160.150 through 28A.160.210, 28A.300.170, and 28A.500.010. (2) The state legislature shall also, at each regular session in an odd-numbered year, appropriate from the general fund and education construction fund for the purposes of and in accordance with the provisions of the student achievement act during the ensuing biennium. [2009 c 479 § 16; 2001 c 3 § 10 (Initiative Measure No. 728, approved November 7, 2000); 1995 c 335 § 103; 1990 c 33 § 115; 1980 c 6 § 3; 1969 ex.s. c 223 § 28A.41.050. Prior: 1945 c 141 § 2; Rem. Supp. 1945 § 4940-2. Formerly RCW 28A.41.050, 28.41.050.] Effective date—2009 c 479: See note following RCW 2.56.030. Short title—Purpose—Intent—Construction—Severability— Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210. Additional notes found at www.leg.wa.gov 28A.150.380 Appropriations by legislature. (Effective September 1, 2011.) (1) The state legislature shall, at each regular session in an odd-numbered year, appropriate for the current use of the common schools such amounts as needed for state support to school districts during the ensuing biennium for the program of basic education under RCW 28A.150.200. (2) In addition to those state funds provided to school districts for basic education, the legislature may appropriate funds to be distributed to school districts for other factors and for other special programs to enhance or enrich the program of basic education. (3) The state legislature shall also, at each regular session in an odd-numbered year, appropriate from the general fund and education construction fund for the purposes of and in accordance with the provisions of the student achievement act during the ensuing biennium. [2009 c 548 § 110; 2009 c 479 § 16; 2001 c 3 § 10 (Initiative Measure No. 728, approved November 7, 2000); 1995 c 335 § 103; 1990 c 33 § 115; 1980 c 6 § 3; 1969 ex.s. c 223 § 28A.41.050. Prior: 1945 c 141 § 2; Rem. Supp. 1945 § 4940-2. Formerly RCW 28A.41.050, 28.41.050.] 28A.150.380 Reviser’s note: This section was amended by 2009 c 479 § 16 and by 2009 c 548 § 110, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Effective date—2009 c 479: See note following RCW 2.56.030. Short title—Purpose—Intent—Construction—Severability— Effective dates—2001 c 3 (Initiative Measure No. 728): See notes following RCW 28A.505.210. Additional notes found at www.leg.wa.gov 28A.150.390 Appropriations for special education programs. (Effective until September 1, 2011.) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from 28A.150.390 (2010 Ed.) 28A.150.390 appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.250, 28A.150.260, federal medical assistance and private funds accruing under *RCW 74.09.5249 through 74.09.5253 and 74.09.5254 through 74.09.5256, and other state and local funds, excluding special excess levies. [1995 c 77 § 6; 1994 c 180 § 8; 1993 c 149 § 9; 1990 c 33 § 116; 1989 c 400 § 2; 1980 c 87 § 5; 1971 ex.s. c 66 § 11. Formerly RCW 28A.41.053.] *Reviser’s note: RCW 74.09.5249 through 74.09.5256 were repealed by 2009 c 73 § 1. Intent—1989 c 400: "The legislature finds that there is increasing demand for school districts’ special education programs to include medical services necessary for handicapped children’s participation and educational progress. In some cases, these services could qualify for federal funding under Title XIX of the social security act. The legislature intends to establish a process for school districts to obtain reimbursement for eligible services from medical assistance funds. In this way, state dollars for handicapped education can be leveraged to generate federal matching funds, thereby increasing the overall level of resources available for school districts’ special education programs." [1989 c 400 § 1.] Additional notes found at www.leg.wa.gov 28A.150.390 Appropriations for special education programs. (Effective September 1, 2011.) (1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.260 (4)(a) and (b), (5), (6), and (8). (2) The excess cost allocation to school districts shall be based on the following: (a) A district’s annual average headcount enrollment of students ages birth through four and those five year olds not yet enrolled in kindergarten who are eligible for and enrolled in special education, multiplied by the district’s base allocation per full-time equivalent student, multiplied by 1.15; and (b) A district’s annual average full-time equivalent basic education enrollment, multiplied by the district’s funded enrollment percent, multiplied by the district’s base allocation per full-time equivalent student, multiplied by 0.9309. (3) As used in this section: (a) "Base allocation" means the total state allocation to all schools in the district generated by the distribution formula under RCW 28A.150.260 (4)(a) and (b), (5), (6), and (8), to be divided by the district’s full-time equivalent enrollment. (b) "Basic education enrollment" means enrollment of resident students including nonresident students enrolled under RCW 28A.225.225 and students from nonhigh districts enrolled under RCW 28A.225.210 and excluding students residing in another district enrolled as part of an interdistrict cooperative program under RCW 28A.225.250. (c) "Enrollment percent" means the district’s resident special education annual average enrollment, excluding students ages birth through four and those five year olds not yet 28A.150.390 [Title 28A RCW—page 21] 28A.150.392 Title 28A RCW: Common School Provisions enrolled in kindergarten, as a percent of the district’s annual average full-time equivalent basic education enrollment. (d) "Funded enrollment percent" means the lesser of the district’s actual enrollment percent or twelve and seventenths percent. [2010 c 236 § 3; 2009 c 548 § 108; 1995 c 77 § 6; 1994 c 180 § 8; 1993 c 149 § 9; 1990 c 33 § 116; 1989 c 400 § 2; 1980 c 87 § 5; 1971 ex.s. c 66 § 11. Formerly RCW 28A.41.053.] Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260. Intent—2010 c 236: See note following RCW 28A.150.260. Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Intent—1989 c 400: "The legislature finds that there is increasing demand for school districts’ special education programs to include medical services necessary for handicapped children’s participation and educational progress. In some cases, these services could qualify for federal funding under Title XIX of the social security act. The legislature intends to establish a process for school districts to obtain reimbursement for eligible services from medical assistance funds. In this way, state dollars for handicapped education can be leveraged to generate federal matching funds, thereby increasing the overall level of resources available for school districts’ special education programs." [1989 c 400 § 1.] Additional notes found at www.leg.wa.gov 28A.150.392 Special education funding—Safety net awards—Rules—Annual survey and report—Safety net oversight committee. (Effective September 1, 2011.) (1) To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided through the special education funding formula under RCW 28A.150.390. If the federal safety net awards based on the federal eligibility threshold exceed the federal appropriation in any fiscal year, then the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations: (a) The committee shall consider additional funds for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards. In the determination of need, the committee shall require that districts demonstrate that they are maximizing their eligibility for all state revenues related to services for special education-eligible students and all federal revenues from federal impact aid, medicaid, and the individuals with disabilities education act-Part B and appropriate special projects. Awards associated with (b) and (c) of this subsection shall not exceed the total of a district’s specific determination of need. (b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philoso28A.150.392 [Title 28A RCW—page 22] phy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards. (c) Using criteria developed by the committee, the committee shall then consider extraordinary costs associated with communities that draw a larger number of families with children in need of special education services, which may include consideration of proximity to group homes, military bases, and regional hospitals. Safety net awards under this subsection (1)(c) shall be adjusted to reflect amounts awarded under (b) of this subsection. (d) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent. (e) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent of public instruction in accordance with chapter 318, Laws of 1999. (f) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding. (2) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Before revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature. In adopting and revising the rules, the superintendent shall ensure the application process to access safety net funding is streamlined, timelines for submission are not in conflict, feedback to school districts is timely and provides sufficient information to allow school districts to understand how to correct any deficiencies in a safety net application, and that there is consistency between awards approved by school district and by application period. The office of the superintendent of public instruction shall also provide technical assistance to school districts in preparing and submitting special education safety net applications. (3) On an annual basis, the superintendent shall survey districts regarding their satisfaction with the safety net process and consider feedback from districts to improve the safety net process. Each year by December 1st, the superintendent shall prepare and submit a report to the office of financial management and the appropriate policy and fiscal committees of the legislature that summarizes the survey results and those changes made to the safety net process as a result of the school district feedback. (4) The safety net oversight committee appointed by the superintendent of public instruction shall consist of: (a) One staff member from the office of the superintendent of public instruction; (b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and (c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding. [2009 c 548 § 109.] Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. (2010 Ed.) General Provisions 28A.150.400 Apportionment factors to be based on current figures—Rules and regulations. State and county funds which may become due and apportionable to school districts shall be apportioned in such a manner that any apportionment factors used shall utilize data and statistics derived in the school year that such funds are paid: PROVIDED, That the superintendent of public instruction may make necessary administrative provision for the use of estimates, and corresponding adjustments to the extent necessary: PROVIDED FURTHER, That as to those revenues used in determining the amount of state funds to be apportioned to school districts pursuant to RCW 28A.150.250, any apportionment factors shall utilize data and statistics derived in an annual period established pursuant to rules and regulations promulgated by the superintendent of public instruction in cooperation with the department of revenue. [1990 c 33 § 117; 1972 ex.s. c 26 § 3; 1969 ex.s. c 223 § 28A.41.055. Prior: 1955 c 350 § 1. Formerly RCW 28A.41.055, 28.41.055.] 28A.150.400 Additional notes found at www.leg.wa.gov 28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits. (Effective until September 1, 2011.) (1) The legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260. (2) Salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district’s average salary for certificated instructional staff, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act. (3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless: (a) The employee has a master’s degree; or (b) The credits were used in generating state salary allocations before January 1, 1992. (4) Beginning in the 2007-08 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter, up to a limit of two years of nonschool service. Nonschool years of service included in calculations under this subsection shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits. [2007 c 403 § 1; 2002 c 353 § 1; 1997 c 141 § 1; 1990 c 33 § 118; 1989 1st 28A.150.410 (2010 Ed.) 28A.150.410 ex.s. c 16 § 1; 1987 3rd ex.s. c 1 § 4; 1987 1st ex.s. c 2 § 204. Formerly RCW 28A.41.112.] Effective date—2002 c 353: "This act takes effect September 1, 2002." [2002 c 353 § 3.] Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes following RCW 84.52.0531. 28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on postgraduate credits. (Effective September 1, 2011.) (1) The legislature shall establish for each school year in the appropriations act a statewide salary allocation schedule, for allocation purposes only, to be used to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260. For the purposes of this section, the staff allocations for classroom teachers, teacher librarians, guidance counselors, and student health services staff under RCW 28A.150.260 are considered allocations for certificated instructional staff. (2) Salary allocations for state-funded basic education certificated instructional staff shall be calculated by the superintendent of public instruction by determining the district’s average salary for certificated instructional staff, using the statewide salary allocation schedule and related documents, conditions, and limitations established by the omnibus appropriations act. (3) Beginning January 1, 1992, no more than ninety college quarter-hour credits received by any employee after the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents, unless: (a) The employee has a master’s degree; or (b) The credits were used in generating state salary allocations before January 1, 1992. (4) Beginning in the 2007-08 school year, the calculation of years of service for occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, and psychologists regulated under Title 18 RCW may include experience in schools and other nonschool positions as occupational therapists, physical therapists, speech-language pathologists, audiologists, nurses, social workers, counselors, or psychologists. The calculation shall be that one year of service in a nonschool position counts as one year of service for purposes of this chapter, up to a limit of two years of nonschool service. Nonschool years of service included in calculations under this subsection shall not be applied to service credit totals for purposes of any retirement benefit under chapter 41.32, 41.35, or 41.40 RCW, or any other state retirement system benefits. [2010 c 236 § 10; 2007 c 403 § 1; 2002 c 353 § 1; 1997 c 141 § 1; 1990 c 33 § 118; 1989 1st ex.s. c 16 § 1; 1987 3rd ex.s. c 1 § 4; 1987 1st ex.s. c 2 § 204. Formerly RCW 28A.41.112.] 28A.150.410 Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260. Intent—2010 c 236: See note following RCW 28A.150.260. Effective date—2002 c 353: "This act takes effect September 1, 2002." [2002 c 353 § 3.] Intent—Severability—Effective date—1987 1st ex.s. c 2:See notes following RCW 84.52.0531. [Title 28A RCW—page 23] 28A.150.420 Title 28A RCW: Common School Provisions 28A.150.420 Reimbursement for classes provided outside regular school year. The superintendent of public instruction shall establish procedures to allow school districts to claim basic education allocation funds for students attending classes that are provided outside the regular school year to the extent such attendance is in lieu of attendance during the regular school year: PROVIDED, That nothing in this section shall be construed to alter the basic education allocation for which the district is otherwise eligible. [1989 c 233 § 10. Formerly RCW 28A.41.172.] 28A.150.420 28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—Advice on current job needs. (1) Each local education agency or college district offering vocational educational programs shall establish local advisory committees to provide that agency or district with advice on current job needs and on the courses necessary to meet these needs. (2) The local program committees shall: (a) Participate in the determination of program goals; (b) Review and evaluate program curricula, equipment, and effectiveness; (c) Include representatives of business and labor who reflect the local industry, and the community; and (d) Actively consult with other representatives of business, industry, labor, and agriculture. [1991 c 238 § 76.] 28A.150.500 Additional notes found at www.leg.wa.gov (a) Review and modify the current requirements for value engineering, constructibility review, and building commissioning as provided in WAC 180-27-080; (b) Review private and public utility providers’ capacity and financial/technical assistance programs for affected public school districts to monitor and report utility consumption for purposes of reporting to the superintendent of public instruction as provided in RCW 39.35D.040; (c) Coordinate with the department of general administration, the state board of health, the department of ecology, federal agencies, and other affected agencies as appropriate in their consideration of rules to implement this section. [2006 c 263 § 326; 2005 c 12 § 7.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Chapter 28A.155 Sections 28A.155.010 28A.155.020 28A.155.030 28A.155.040 28A.155.045 28A.155.050 28A.155.060 28A.150.510 Transmittal of education records to department of social and health services. In order to effectively serve students who are dependent pursuant to chapter 13.34 RCW, education records shall be transmitted to the department of social and health services within two school days after receiving the request from the department provided that the department certifies that it will not disclose to any other party the education records without prior written consent of the parent or student unless authorized to disclose the records under state law. The department of social and health services is authorized to disclose education records it obtains pursuant to this section to a foster parent, guardian, or other entity authorized by the department to provide residential care to the student. [2008 c 297 § 5; 2000 c 88 § 1.] 28A.150.510 28A.155.065 28A.155.070 28A.155.080 28A.155.090 28A.155.100 28A.155.105 28A.155.115 28A.155.140 28A.155.160 28A.155.170 28A.155.180 28A.155.190 28A.150.520 High-performance public buildings— Compliance with requirements. Public school districts must comply with high-performance public building[s] requirements under RCW 39.35D.010, 39.35D.020, 39.35D.040, 39.35D.060, and 28A.150.530. [2005 c 12 § 9.] Chapter 28A.155 RCW SPECIAL EDUCATION Purpose. Administration of program in the office of the superintendent of public instruction—Adoption of definitions by rule—Local school district powers not limited. Division administrative officer—Duties. Authority of districts—Participation of department of social and health services. Certificate of individual achievement. Services through special excess cost aid programs—Apportionment—Allocations from state excess funds. District authority to contract with approved agencies— Approval standards. Early intervention services. Services to students of preschool age with disabilities— Apportionment—Allocations from state excess cost funds. Appeal from denial of educational program. Superintendent of public instruction’s duty and authority. Sanctions applied to noncomplying districts. Braille instruction—Definitions. Braille instruction—Assessment—Provision in student’s curriculum. Curriculum-based assessment procedures for early intervening services. Assistive devices and services—Interagency cooperative agreements—Definitions. Graduation ceremony—Certificate of attendance—Students with individualized education programs. Safety net funds—Application—Technical assistance— Annual survey. Information on autism. 28A.150.520 28A.150.530 High-performance public buildings— Implementation rules—Energy conservation report review. (1) In adopting implementation rules, the superintendent of public instruction, in consultation with the department of general administration, shall review and modify the current requirement for an energy conservation report review by the department of general administration as provided in WAC 180-27-075. (2) In adopting implementation rules, the superintendent of public instruction shall: 28A.150.530 [Title 28A RCW—page 24] 28A.155.010 Purpose. It is the purpose of RCW 28A.155.010 through 28A.155.160, 28A.160.030, and 28A.150.390 to ensure that all children with disabilities as defined in RCW 28A.155.020 shall have the opportunity for an appropriate education at public expense as guaranteed to them by the Constitution of this state and applicable federal laws. [2007 c 115 § 1; 1995 c 77 § 7; 1990 c 33 § 120; 1971 ex.s. c 66 § 1. Formerly RCW 28A.13.005.] 28A.155.010 Additional notes found at www.leg.wa.gov 28A.155.020 Administration of program in the office of the superintendent of public instruction—Adoption of definitions by rule—Local school district powers not limited. There is established in the office of the superintendent of public instruction an administrative section or unit for the 28A.155.020 (2010 Ed.) Special Education education of children with disabilities who require special education. Students with disabilities are those children whether enrolled in school or not who through an evaluation process are determined eligible for special education due to a disability. In accordance with part B of the federal individuals with disabilities education improvement act and any other federal or state laws relating to the provision of special education services, the superintendent of public instruction shall require each school district in the state to insure an appropriate educational opportunity for all children with disabilities between the ages of three and twenty-one, but when the twenty-first birthday occurs during the school year, the educational program may be continued until the end of that school year. The superintendent of public instruction, by rule, shall establish for the purpose of excess cost funding, as provided in RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160, functional definitions of special education, the various types of disabling conditions, and eligibility criteria for special education programs for children with disabilities, including referral procedures, use of aversive interventions, the education curriculum and statewide or district-wide assessments, parent and district requests for special education due process hearings, and procedural safeguards. For the purposes of RCW 28A.155.010 through 28A.155.160, an appropriate education is defined as an education directed to the unique needs, abilities, and limitations of the children with disabilities who are enrolled either full time or part time in a school district. School districts are strongly encouraged to provide parental training in the care and education of the children and to involve parents in the classroom. Nothing in this section shall prohibit the establishment or continuation of existing cooperative programs between school districts or contracts with other agencies approved by the superintendent of public instruction, which can meet the obligations of school districts to provide education for children with disabilities, or prohibit the continuation of needed related services to school districts by the department of social and health services. This section shall not be construed as in any way limiting the powers of local school districts set forth in RCW 28A.155.070. [2007 c 115 § 2; 1995 c 77 § 8; 1990 c 33 § 121; 1985 c 341 § 4; 1984 c 160 § 1; 1971 ex.s. c 66 § 2; 1969 ex.s. c 2 § 2; 1969 ex.s. c 223 § 28A.13.010. Prior: 1951 c 92 § 1; prior: (i) 1943 c 120 § 1; Rem. Supp. 1943 § 4679-25. (ii) 1943 c 120 § 2, part; Rem. Supp. 1943 § 4679-26, part. Formerly RCW 28A.13.010, 28.13.010.] Additional notes found at www.leg.wa.gov 28A.155.030 Division administrative officer—Duties. The superintendent of public instruction shall employ an administrative officer of the division. The administrative officer, under the direction of the superintendent of public instruction, shall coordinate and supervise the program of special education for eligible children with disabilities in the school districts of the state. He or she shall ensure that school districts provide an appropriate educational opportunity for all children with disabilities in need of special education and related services and shall coordinate with the state secretary 28A.155.030 (2010 Ed.) 28A.155.045 of social and health services and with county and regional officers on cases where related services are available for children with disabilities. [2007 c 115 § 3; 1995 c 77 § 9; 1990 c 33 § 122; 1975 1st ex.s. c 275 § 52; 1972 ex.s. c 10 § 1. Prior: 1971 ex.s. c 66 § 3; 1971 c 48 § 3; 1969 ex.s. c 223 § 28A.13.020; prior: 1943 c 120 § 3; Rem. Supp. 1943 § 4679-27. Formerly RCW 28A.13.020, 28.13.020.] Additional notes found at www.leg.wa.gov 28A.155.040 Authority of districts—Participation of department of social and health services. The board of directors of each school district, for the purpose of compliance with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160 and chapter 28A.190 RCW, shall cooperate with the superintendent of public instruction and with the administrative officer and shall provide an appropriate educational opportunity to children with disabilities, as defined in RCW 28A.155.020, in regular or special school facilities within the district or shall contract for such services with other agencies as provided in RCW 28A.155.060 or shall participate in an interdistrict arrangement in accordance with RCW 28A.335.160 and 28A.225.220 and/or 28A.225.250 and 28A.225.260. In carrying out their responsibilities under this chapter, school districts severally or jointly with the approval of the superintendent of public instruction are authorized to support and/ or contract for residential schools and/ or homes approved by the department of social and health services for aid and special attention to students with disabilities. The cost of board and room in facilities approved by the department of social and health services shall be provided by the department of social and health services for those students with disabilities eligible for such aid under programs of the department. The cost of approved board and room shall be provided for those students with disabilities not eligible under programs of the department of social and health services but deemed in need of the same by the superintendent of public instruction: PROVIDED, That no school district shall be financially responsible for special education programs for students who are attending residential schools operated by the department of social and health services: PROVIDED FURTHER, That the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.100 shall not preclude the extension by the superintendent of public instruction of special education opportunities to students with disabilities in residential schools operated by the department of social and health services. [2007 c 115 § 4; 1995 c 77 § 10; 1990 c 33 § 123; 1971 ex.s. c 66 § 4; 1969 ex.s. c 223 § 28A.13.030. Prior: 1959 c 122 § 1; 1953 c 135 § 1; 1943 c 120 § 4; Rem. Supp. 1943 § 4679-28. Formerly RCW 28A.13.030, 28.13.030.] 28A.155.040 Additional notes found at www.leg.wa.gov 28A.155.045 Certificate of individual achievement. Beginning with the graduating class of 2008, students served under this chapter, who are not appropriately assessed by the high school Washington assessment system as defined in RCW 28A.655.061, even with accommodations, may earn a certificate of individual achievement. The certificate may be earned using multiple ways to demonstrate skills and abilities 28A.155.045 [Title 28A RCW—page 25] 28A.155.050 Title 28A RCW: Common School Provisions commensurate with their individual education programs. The determination of whether the high school assessment system is appropriate shall be made by the student’s individual education program team. Except as provided in RCW 28A.655.0611, for these students, the certificate of individual achievement is required for graduation from a public high school, but need not be the only requirement for graduation. When measures other than the high school assessment system as defined in RCW 28A.655.061 are used, the measures shall be in agreement with the appropriate educational opportunity provided for the student as required by this chapter. The superintendent of public instruction shall develop the guidelines for determining which students should not be required to participate in the high school assessment system and which types of assessments are appropriate to use. When measures other than the high school assessment system as defined in RCW 28A.655.061 are used for high school graduation purposes, the student’s high school transcript shall note whether that student has earned a certificate of individual achievement. Nothing in this section shall be construed to deny a student the right to participation in the high school assessment system as defined in RCW 28A.655.061, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement. [2007 c 354 § 3; 2004 c 19 § 104.] F ind ing s— Inte nt— 20 07 c 35 4: See n ot e fol l ow i ng RC W 28A.655.061. Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. 28A.155.050 28A.155.050 Services through special excess cost aid programs—Apportionment—Allocations from state excess funds. Any child who is eligible for special education services through special excess cost aid programs authorized under RCW 28A.155.010 through 28A.155.160 shall be given such services in the least restrictive environment as determined by the student’s individualized education program (IEP) team in the school district in which such student resides. Any school district required to provide such services shall thereupon be granted regular apportionment of state and county school funds and, in addition, allocations from state excess funds made available for such special services for such period of time as such special education program is given: PROVIDED, That should such student or any other student with disabilities attend and participate in a special education program operated by another school district in accordance with the provisions of RCW 28A.225.210, 28A.225.220, and/or 28A.225.250, such regular apportionment shall be granted to the receiving school district, and such receiving school district shall be reimbursed by the district in which such student resides in accordance with rules adopted by the superintendent of public instruction for the entire approved excess cost not reimbursed from such regular apportionment. [2007 c 115 § 5; 1995 c 77 § 11; 1990 c 33 § 124; 1971 ex.s. c 66 § 5; 1969 ex.s. c 223 § 28A.13.040. Prior: 1943 c 120 § 5; Rem. Supp. 1943 § 4679-29. Formerly RCW 28A.13.040, 28.13.040.] Additional notes found at www.leg.wa.gov [Title 28A RCW—page 26] 28A.155.060 District authority to contract with approved agencies—Approval standards. For the purpose of carrying out the provisions of RCW 28A.155.020 through 28A.155.050, the board of directors of every school district shall be authorized to contract with agencies approved by the superintendent of public instruction for operating special education programs for students with disabilities. Approval standards for such agencies shall conform substantially with those of special education programs in the common schools. [2007 c 115 § 6; 2006 c 263 § 915; 1995 c 77 § 12; 1990 c 33 § 125; 1971 ex.s. c 66 § 6. Formerly RCW 28A.13.045.] 28A.155.060 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.155.065 Early intervention services. (1) By September 1, 2009, each school district shall provide or contract for early intervention services to all eligible children with disabilities from birth to three years of age. Eligibility shall be determined according to Part C of the federal individuals with disabilities education improvement act or other applicable federal and state laws, and as specified in the Washington Administrative Code adopted by the state lead agency. School districts shall provide or contract for early intervention services in partnership with local birth-to-three lead agencies and birth-to-three providers. Services provided under this section shall not supplant services or funding currently provided in the state for early intervention services to eligible children with disabilities from birth to three years of age. The state-designated birth-to-three lead agency shall be payor of last resort for birth-to-three early intervention services provided under this section. (2) The services in this section are not part of the state’s program of basic education pursuant to Article IX of the state Constitution. [2007 c 115 § 7; 2006 c 269 § 2.] 28A.155.065 Finding—2006 c 269: "The legislature finds an urgent and substantial need to enhance the development of all infants and toddlers with disabilities in Washington in order to minimize developmental delays and to maximize individual potential for learning and functioning." [2006 c 269 § 1.] 28A.155.070 Services to students of preschool age with disabilities—Apportionment—Allocations from state excess cost funds. Special educational programs provided by the state and the school districts thereof for students with disabilities shall be extended to include students of preschool age. School districts shall be entitled to the regular apportionments from state and county school funds, as provided by law, and in addition to allocations from state excess cost funds made available for such special services for those students with disabilities who are given such special services. [2007 c 115 § 9; (2007 c 115 § 8 expired September 1, 2009); 2006 c 269 § 3; 1995 c 77 § 13; 1971 ex.s. c 66 § 7; 1969 ex.s. c 223 § 28A.13.050. Prior: 1951 c 92 § 2; 1949 c 186 § 1; Rem. Supp. 1949 § 4901-3. Formerly RCW 28A.13.050, 28.13.050.] 28A.155.070 Effective date—2007 c 115 § 9: "Section 9 of this act takes effect September 1, 2009." [2007 c 115 § 17.] Expiration date—2007 c 115 § 8: "Section 8 of this act expires September 1, 2009." [2007 c 115 § 16.] Effective date—2006 c 269 § 3: "Section 3 of this act takes effect September 1, 2009." [2006 c 269 § 4.] Finding—2006 c 269: See note following RCW 28A.155.065. (2010 Ed.) Special Education Additional notes found at www.leg.wa.gov 28A.155.080 Appeal from denial of educational program. Where a child with disabilities as defined in RCW 28A.155.020 has been denied the opportunity of a special educational program by a local school district there shall be a right of appeal by the parent or guardian of such child to the superintendent of public instruction pursuant to procedures established by the superintendent and in accordance with RCW 28A.155.090 and part B of the federal individuals with disabilities education improvement act. [2007 c 115 § 10; 1995 c 77 § 14; 1990 c 33 § 126; 1971 ex.s. c 66 § 8. Formerly RCW 28A.13.060.] 28A.155.080 Additional notes found at www.leg.wa.gov 28A.155.090 Superintendent of public instruction’s duty and authority. The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with disabling conditions, to: (1) Assist school districts in the formation of programs to meet the needs of children with disabilities; (2) Develop interdistrict cooperation programs for children with disabilities as authorized in RCW 28A.225.250; (3) Provide, upon request, to parents or guardians of children with disabilities, information as to the special education programs for students with disabilities offered within the state; (4) Assist, upon request, the parent or guardian of any child with disabilities in the placement of any child with disabilities who is eligible for but not receiving special educational services for children with disabilities; (5) Approve school district and agency programs as being eligible for special excess cost financial aid to students with disabilities; (6) Consistent with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160, and part B of the federal individuals with disabilities education improvement act, administer administrative hearings and other procedures to ensure procedural safeguards of children with disabilities; and (7) Promulgate such rules as are necessary to implement part B of the federal individuals with disabilities education improvement act or other federal law providing for special education services for children with disabilities and the several provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.160 and to ensure appropriate access to and participation in the general education curriculum and participation in statewide assessments for all students with disabilities. [2007 c 115 § 11; 1995 c 77 § 15; 1990 c 33 § 127; 1985 c 341 § 5; 1971 ex.s. c 66 § 9. Formerly RCW 28A.13.070.] 28A.155.090 Additional notes found at www.leg.wa.gov 28A.155.100 Sanctions applied to noncomplying districts. The superintendent of public instruction is hereby authorized and directed to establish appropriate sanctions to be applied to any school district of the state failing to comply with the provisions of RCW 28A.150.390, 28A.160.030, and 28A.155.010 through 28A.155.060 and 28A.155.080 through 28A.155.100 (2010 Ed.) 28A.155.115 28A.155.160 to be applied beginning upon the effective date thereof, which sanctions shall include withholding of any portion of state aid to such district until such time as compliance is assured. [2007 c 115 § 12; 1990 c 33 § 128; 1971 ex.s. c 66 § 12. Formerly RCW 28A.13.080.] Additional notes found at www.leg.wa.gov 28A.155.105 Braille instruction—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply in RCW 28A.155.115. (1) "Student" means a student who: (a) Has a visual acuity of 20/200 or less in the better eye with conventional correction or having a limited field of vision such that the widest diameter of the visual field subtends an angular distance not greater than twenty degrees; (b) Is unable to read printed material at a competitive rate with facility due to functional visual impairment or lack of visual acuity; or (c) Has a physical condition with a medical prognosis of a significant visual deterioration to the extent that (a) or (b) of this subsection could apply. (2) "Braille" means the system of reading and writing through touch commonly known as standard English Braille. [1996 c 135 § 2.] 28A.155.105 Findings—1996 c 135: "It is the goal of the legislature to encourage persons who are blind or visually impaired to participate fully in the social and economic life of the state and to engage in remunerative employment. The legislature finds that literacy is essential to the achievement of this goal. Furthermore, the legislature finds that literacy for most persons who are blind or visually impaired means the ability to read and write Braille with proficiency. The legislature sets as a further goal that students who are legally blind or visually impaired shall be given the opportunity to learn Braille in order to communicate effectively and efficiently." [1996 c 135 § 1.] 28A.155.115 Braille instruction—Assessment—Provision in student’s curriculum. (1) Each student shall be assessed individually to determine the appropriate learning media for the student including but not limited to Braille. (2) No student may be denied the opportunity for instruction in Braille reading and writing solely because the student has some remaining vision. (3) This section does not require the exclusive use of Braille if there are other special education services to meet the student’s educational needs. The provision of special education or other services does not preclude Braille use or instruction. (4) If a student’s individualized learning media assessment indicates that Braille is an appropriate learning medium, instruction in Braille shall be provided as a part of such student’s educational curriculum and if such student has an individualized education program, such instruction shall be provided as part of that program. (5) If Braille will not be provided to a student, the reason for not incorporating it in the student’s individualized education program shall be documented in writing and provided to the parent or guardian. If no individualized education program exists, such documentation, signed by the parent or guardian, shall be placed in the student’s file. [2007 c 115 § 13; 1996 c 135 § 3.] 28A.155.115 Findings—1996 c 135: See note following RCW 28A.155.105. [Title 28A RCW—page 27] 28A.155.140 Title 28A RCW: Common School Provisions 28A.155.140 Curriculum-based assessment procedures for early intervening services. School districts may use curriculum-based assessment procedures as measures for developing academic early intervening services, as defined under part B of the federal individuals with disabilities education improvement act, and curriculum planning: PROVIDED, That the use of curriculum-based assessment procedures shall not deny a student the right to use of other assessments to determine eligibility or participation in special education programs as provided by RCW 28A.155.010 through 28A.155.160. [2007 c 115 § 14; 1991 c 116 § 4; 1990 c 33 § 131; 1987 c 398 § 1. Formerly RCW 28A.03.367.] 28A.155.140 28A.155.160 Assistive devices and services—Interagency cooperative agreements—Definitions. Notwithstanding any other provision of law, the office of the superintendent of public instruction, the department of early learning, the Washington state center for childhood deafness and hearing loss, the Washington state school for the blind, school districts, educational service districts, and all other state and local government educational agencies and the department of services for the blind, the department of social and health services, and all other state and local government agencies concerned with the care, education, or habilitation or rehabilitation of children with disabilities may enter into interagency cooperative agreements for the purpose of providing assistive technology devices and services to children with disabilities. Such arrangements may include but are not limited to interagency agreements for the acquisition, including joint funding, maintenance, loan, sale, lease, or transfer of assistive technology devices and for the provision of assistive technology services including but not limited to assistive technology assessments and training. For the purposes of this section, "assistive device" means any item, piece of equipment, or product system, whether acquired commercially off-the-shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of children with disabilities. The term "assistive technology service" means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service includes: (1) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment; (2) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities; (3) Selecting, designing, fitting, customizing, adapting, applying, retaining, repairing, or replacing of assistive technology devices; (4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs; (5) Training or technical assistance for a child with a disability or if appropriate, the child’s family; and (6) Training or technical assistance for professionals, including individuals providing education and rehabilitation services, employers, or other individuals who provide ser28A.155.160 [Title 28A RCW—page 28] vices to, employ, or are otherwise substantially involved in the major life functions of children with disabilities. [2009 c 381 § 24; 2007 c 115 § 15; 1997 c 104 § 3.] Findings—Intent—2009 c 381: See note following RCW 72.40.015. 28A.155.170 28A.155.170 Graduation ceremony—Certificate of attendance—Students with individualized education programs. (1) Beginning July 1, 2007, each school district that operates a high school shall establish a policy and procedures that permit any student who is receiving special education or related services under an individualized education program pursuant to state and federal law and who will continue to receive such services between the ages of eighteen and twenty-one to participate in the graduation ceremony and activities after four years of high school attendance with his or her age-appropriate peers and receive a certificate of attendance. (2) Participation in a graduation ceremony and receipt of a certificate of attendance under this section does not preclude a student from continuing to receive special education and related services under an individualized education program beyond the graduation ceremony. (3) A student’s participation in a graduation ceremony and receipt of a certificate of attendance under this section shall not be construed as the student’s receipt of either: (a) A high school diploma pursuant to RCW 28A.230.120; or (b) A certificate of individual achievement pursuant to RCW 28A.155.045. [2007 c 318 § 2.] Findings—2007 c 318: "The legislature finds: (1) There are students with disabilities throughout the state of Washington who have attended four years of high school, but whose individualized education programs prescribe the continuation of special education and related services beyond the fourth year of high school; (2) Through their participation in the public schools and the community, students with disabilities have frequently become identified with and connected to a class of typically developing, age-appropriate peers who will graduate in four years and participate in a high school graduation ceremony; (3) A high school graduation ceremony is an important rite of passage for students regardless of their abilities or limitations; and (4) There is significant value in recognizing students’ attendance and accomplishments in their individualized education programs and in allowing students with disabilities to participate in high school graduation ceremonies and activities with their age-appropriate peers without the forfeiture of their continuing special education and related services." [2007 c 318 § 1.] Short title—2007 c 318: "This act may be known and cited as Kevin’s law." [2007 c 318 § 3.] Effective date—2007 c 318: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 4, 2007]." [2007 c 318 § 4.] 28A.155.180 28A.155.180 Safety net funds—Application—Technical assistance—Annual survey. (Effective until September 1, 2011.) The office of the superintendent of public instruction shall review and streamline the application process to access special education safety net funds, provide technical assistance to school districts, and annually survey school districts regarding improvements to the process. [2007 c 400 § 8.] Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW 28A.150.210. (2010 Ed.) Student Transportation 28A.155.190 Information on autism. (1) To the extent funds are appropriated for this purpose, by September 1, 2008, the office of the superintendent of public instruction, in collaboration with the department of health, the department of social and health services, educational service districts, local school districts, the autism center at the University of Washington, and the autism society of Washington, shall distribute information on child find responsibilities under Part B and Part C of the federal individuals with disabilities education act, as amended, to agencies, districts, and schools that participate in the location, evaluation, and identification of children who may be eligible for early intervention services or special education services. (2) To the extent funds are made available, by September 1, 2008, the office of the superintendent of public instruction, in collaboration with the department of health and the department of social and health services, shall develop posters to be distributed to medical offices and clinics, grocery stores, and other public places with information on autism and how parents can gain access to the diagnosis and identification of autism and contact information for services and support. These must be made available on the internet for ease of distribution. [2008 c 220 § 2.] 28A.155.190 Chapter 28A.160 Chapter 28A.160 RCW STUDENT TRANSPORTATION Sections 28A.160.010 28A.160.020 28A.160.030 28A.160.040 28A.160.050 28A.160.060 28A.160.070 28A.160.080 28A.160.090 28A.160.100 28A.160.110 28A.160.115 28A.160.117 28A.160.120 28A.160.130 28A.160.140 28A.160.150 28A.160.160 28A.160.170 28A.160.180 28A.160.190 28A.160.191 (2010 Ed.) Operation of student transportation program—Responsibility of local district—Scope—Transporting of elderly— Insurance. Authorization for private school students to ride buses— Conditions. Authorizing individual transportation or other arrangements. Lease of buses to transport children with disabilities and elderly—Limitation. Lease of buses to transport children with disabilities and elderly—Directors to authorize. Lease of buses to transport children with disabilities and elderly—Lease at local level—Criteria. Lease of buses to transport children with disabilities and elderly—Elderly persons defined—Program limitation. School buses, rental or lease for emergency purposes— Authorization. School buses, rental or lease for emergency purposes— Board to determine district policy—Conditions if rent or lease. School buses, transport of general public to interscholastic activities—Limitations. School buses, authorization for parent, guardian or custodian of a student to ride—Limitations. Bus routes. Transportation efficiency reviews—Reports. Agreements with other governmental entities for transportation of public or other noncommon school purposes— Limitations. Transportation vehicle fund—Deposits in—Use—Rules for establishment and use. Contract for pupil transportation services with private nongovernmental entity—Competitive bid procedures. Student transportation allocation—Operating costs, determination and funding. Student transportation allocation—Definitions. Student transportation allocation—District’s annual report to superintendent. Student transportation allocation—Allocation rates, adjustment—District-owned passenger cars—Report. Student transportation allocation—Notice—Revised eligible student data, when—Allocation payments, amounts, when. Student transportation allocation—Adequacy for certain districts—Adjustment. 28A.160.010 28A.160.192 Student transportation allocation—Distribution formula. 28A.160.1921 Student transportation reporting requirements—Updates and progress reports. 28A.160.195 Vehicle acquisition—School bus categories—Competitive specifications—Purchase—Reimbursement—Rules. 28A.160.200 Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule. 28A.160.205 School bus replacement incentive program—Rules. 28A.160.210 School bus drivers—Training and qualifications—Rules. Age limit for bus drivers: RCW 46.20.045. Rules for design, marking, operations: RCW 46.61.380. School buses—Crossing arms: RCW 46.37.620. Signs required: RCW 46.37.193. Stop signal and lamps: RCW 46.37.190. 28A.160.010 Operation of student transportation program—Responsibility of local district—Scope— Transporting of elderly—Insurance. The operation of each local school district’s student transportation program is declared to be the responsibility of the respective board of directors, and each board of directors shall determine such matters as which individual students shall be transported and what routes shall be most efficiently utilized. State moneys allocated to local districts for student transportation shall be spent only for student transportation activities, but need not be spent by the local district in the same manner as calculated and allocated by the state. A school district is authorized to provide for the transportation of students enrolled in the school or schools of the district both in the case of students who reside within the boundaries of the district and of students who reside outside the boundaries of the district. When children are transported from one school district to another the board of directors of the respective districts may enter into a written contract providing for a division of the cost of such transportation between the districts. School districts may use school buses and drivers hired by the district or commercial chartered bus service for the transportation of school children and the school employees necessary for their supervision to and from any school activities within or without the school district during or after school hours and whether or not a required school activity, so long as the school board has officially designated it as a school activity. For any extra-curricular uses, the school board shall charge an amount sufficient to reimburse the district for its cost. In addition to the right to contract for the use of buses provided in RCW 28A.160.080 and 28A.160.090, any school district may contract to furnish the use of school buses of that district to other users who are engaged in conducting an educational or recreational program supported wholly or in part by tax funds or programs for elderly persons at times when those buses are not needed by that district and under such terms as will fully reimburse such school district for all costs related or incident thereto: PROVIDED, HOWEVER, That no such use of school district buses shall be permitted except where other public or private transportation certificated or licensed by the Washington utilities and transportation commission is not reasonably available to the user: PROVIDED FURTHER, That no user shall be required to accept any charter bus for services which the user believes might place the health or safety of the children or elderly persons in jeopardy. 28A.160.010 [Title 28A RCW—page 29] 28A.160.020 Title 28A RCW: Common School Provisions Whenever any persons are transported by the school district in its own motor vehicles and by its own employees, the board may provide insurance to protect the district against loss, whether by reason of theft, fire or property damage to the motor vehicle or by reason of liability of the district to persons from the operation of such motor vehicle. The board may provide insurance by contract purchase for payment of hospital and medical expenses for the benefit of persons injured while they are on, getting on, or getting off any vehicles enumerated herein without respect to any fault or liability on the part of the school district or operator. This insurance may be provided without cost to the persons notwithstanding the provisions of RCW 28A.400.350. If the transportation of children or elderly persons is arranged for by contract of the district with some person, the board may require such contractor to procure such insurance as the board deems advisable. [1990 c 33 § 132; 1986 c 32 § 1; 1983 1st ex.s. c 61 § 1; 1981 c 265 § 10; 1980 c 122 § 2; 1973 c 45 § 1; 1971 c 24 § 3; 1969 ex.s. c 153 § 3; 1969 ex.s. c 223 § 28A.24.055. Prior: (i) 1969 c 53 § 1; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part; prior: 1943 c 52 § 1, part; 1941 c 179 § 1, part; 1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part; 1919 c 90 § 3, part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part; 1903 c 104 § 17, part; Rem. Supp. 1943 § 4776, part. Formerly RCW 28.58.100, part. (ii) 1965 ex.s. c 86 § 1. Formerly RCW 28A.24.055, 28.58.421.] Elderly persons defined—Program limitation: RCW 28A.160.070. Additional notes found at www.leg.wa.gov 1971 ex.s. c 66 § 10; 1969 ex.s. c 223 § 28A.24.100. Prior: 1965 ex.s. c 154 § 9. Formerly RCW 28A.24.100, 28.24.100.] Additional notes found at www.leg.wa.gov 28A.160.040 Lease of buses to transport children with disabilities and elderly—Limitation. The directors of school districts are authorized to lease school buses to nonprofit organizations to transport children with disabilities and elderly persons to and from the site of activities or programs deemed beneficial to such persons by such organizations: PROVIDED, That commercial bus transportation is not reasonably available for such purposes. [1995 c 77 § 16; 1973 c 45 § 2; 1971 c 78 § 1. Formerly RCW 28A.24.110.] 28A.160.040 Elderly persons defined—Program limitation: RCW 28A.160.070. 28A.160.050 Lease of buses to transport children with disabilities and elderly—Directors to authorize. The directors of school districts may authorize leases under RCW 28A.160.040 through 28A.160.060: PROVIDED, That such leases do not conflict with regular school purposes. [1990 c 33 § 134; 1971 c 78 § 2. Formerly RCW 28A.24.111.] 28A.160.050 28A.160.060 Lease of buses to transport children with disabilities and elderly—Lease at local level—Criteria. The lease of the equipment shall be handled by the school directors at a local level. The school directors may establish criteria for bus use and lease, including, but not limited to, minimum costs, and driver requirements. [1971 c 78 § 3. Formerly RCW 28A.24.112.] 28A.160.060 28A.160.070 Lease of buses to transport children with disabilities and elderly—Elderly persons defined— Program limitation. For purposes of RCW 28A.160.010 and 28A.160.040, "elderly person" shall mean a person who is at least sixty years of age. No school district funds may be used for the operation of such a program. [1990 c 33 § 135; 1973 c 45 § 3. Formerly RCW 28A.24.120.] 28A.160.070 28A.160.020 Authorization for private school students to ride buses—Conditions. Every school district board of directors may authorize children attending a private school approved in accordance with RCW 28A.195.010 to ride a school bus or other student transportation vehicle to and from school so long as the following conditions are met: (1) The board of directors shall not be required to alter those bus routes or stops established for transporting public school students; (2) Private school students shall be allowed to ride on a seat-available basis only; and (3) The board of directors shall charge an amount sufficient to reimburse the district for the actual per seat cost of providing such transportation. [1990 c 33 § 133; 1981 c 307 § 1. Formerly RCW 28A.24.065.] 28A.160.020 Additional notes found at www.leg.wa.gov 28A.160.030 Authorizing individual transportation or other arrangements. Individual transportation, board and room, and other arrangements may be authorized or provided and, in whole or part, paid for or reimbursed by a school district, when approved by the educational service district superintendent or his or her designee pursuant to rules promulgated by the superintendent of public instruction for that purpose: PROVIDED, That the total of payments for board and room and transportation incidental thereto shall not exceed the amount which would otherwise be paid for such individual transportation. [1981 c 265 § 11; 1977 c 80 § 2; 28A.160.030 [Title 28A RCW—page 30] 28A.160.080 School buses, rental or lease for emergency purposes—Authorization. It is the intent of the legislature and the purpose of RCW 28A.160.010, 28A.160.080, and 28A.160.090 that in the event of major forest fires, floods, or other natural emergencies that boards of directors of school districts, in their discretion, may rent or lease school buses to governmental agencies for the purposes of transporting personnel, supplies and/or evacuees. [1990 c 33 § 136; 1971 c 24 § 1. Formerly RCW 28A.24.170.] 28A.160.080 28A.160.090 School buses, rental or lease for emergency purposes—Board to determine district policy— Conditions if rent or lease. Each school district board shall determine its own policy as to whether or not its school buses will be ren ted or leased for the pur poses of RCW 28A.160.080, and if the board decision is to rent or lease, under what conditions, subject to the following: (1) Such renting or leasing may take place only after the *director of community, trade, and economic development or any of his or her agents so authorized has, at the request of an involved governmental agency, declared that an emergency 28A.160.090 (2010 Ed.) Student Transportation exists in a designated area insofar as the need for additional transport is concerned. (2) The agency renting or leasing the school buses must agree, in writing, to reimburse the school district for all costs and expenses related to their use and also must provide an indemnity agreement protecting the district against any type of claim or legal action whatsoever, including all legal costs incident thereto. [1995 c 399 § 20; 1990 c 33 § 137; 1986 c 266 § 21; 1985 c 7 § 88; 1974 ex.s. c 171 § 1; 1971 c 24 § 2. Formerly RCW 28A.24.172.] *Reviser’s note: The "director of community, trade, and economic development" was changed to the "director of commerce" by 2009 c 565. Additional notes found at www.leg.wa.gov 28A.160.100 School buses, transport of general public to interscholastic activities—Limitations. In addition to the authority otherwise provided in RCW 28A.160.010 through 28A.160.120 to school districts for the transportation of persons, whether school children, school personnel, or otherwise, any school district authorized to use school buses and drivers hired by the district for the transportation of school children to and from a school activity, along with such school employees as necessary for their supervision, shall, if such school activity be an interscholastic activity, be authorized to transport members of the general public to such event and utilize the school district’s buses, transportation equipment and facilities, and employees therefor: PROVIDED, That provision shall be made for the reimbursement and payment to the school district by such members of the general public of not less than the district’s actual costs and the reasonable value of the use of the district’s buses and facilities provided in connection with such transportation: PROVIDED FURTHER, That wherever private transportation certified or licensed by the utilities and transportation commission or public transportation is reasonably available, this section shall not apply. [2006 c 263 § 907; 1990 c 33 § 138; 1980 c 91 § 1. Formerly RCW 28A.24.175.] 28A.160.100 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.160.110 School buses, authorization for parent, guardian or custodian of a student to ride—Limitations. Every school district board of directors may authorize any parent, guardian or custodian of a student enrolled in the district to ride a school bus or other student transportation vehicle at the request of school officials or employees designated by the board: PROVIDED, That excess seating space is available on the vehicle after the transportation needs of students have been met: PROVIDED FURTHER, That private or other public transportation of the parent, guardian or custodian is not reasonable in the board’s judgment. [1980 c 122 § 1. Formerly RCW 28A.24.178.] 28A.160.110 28A.160.115 Bus routes. On highways divided into separate roadways as provided in RCW 46.61.150 and highways with three or more marked traffic lanes, public school district bus routes and private school bus routes shall serve each side of the highway so that students do not have to cross the highway, unless there is a traffic control signal as defined in RCW 46.04.600 or an adult crossing guard within three 28A.160.115 (2010 Ed.) 28A.160.120 hundred feet of the bus stop to assist students while crossing such multiple-lane highways. [1990 c 241 § 11.] 28A.160.117 Transportation efficiency reviews— Reports. (Effective September 1, 2011.) (1) The superintendent of public instruction shall encourage efficient use of state resources by providing a linear programming process that compares school district transportation operations. If a school district’s operation is calculated to be less than ninety percent efficient, the regional transportation coordinators shall provide an individual review to determine what measures are available to the school district to improve efficiency. The evaluation shall include such measures as: (a) Efficient routing of buses; (b) Efficient use of vehicle capacity; and (c) Reasonable controls on compensation costs. (2) The superintendent shall submit to the fiscal and education committees of the legislature no later than December 1st of each year a report summarizing the efficiency reviews and the resulting changes implemented by school districts in response to the recommendations of the regional transportation coordinators. [2009 c 548 § 310.] 28A.160.117 Effective date—2009 c 548 §§ 304-311: See note following RCW 28A.160.150. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.160.120 Agreements with other governmental entities for transportation of public or other noncommon school purposes—Limitations. Any school district board of directors or any intermediate school district board may enter into agreements pursuant to chapter 39.34 RCW or chapter 35.58 RCW, as now or hereafter amended, with any city, town, county, metropolitan municipal corporation, and any federal or other state governmental entity, or any combination of the foregoing, for the purpose of providing for the transportation of students and/or members of the public through the use, in whole or part, of the school district’s buses, transportation equipment and facilities, and employees: PROVIDED, That any agreement entered into for purposes of transportation pursuant to this section shall conform with the provisions of RCW 35.58.250 where applicable and shall provide for the reimbursement and payment to the school district of not less than the district’s actual costs and the reasonable value of the use of the district’s buses, and transportation equipment and supplies which are incurred and otherwise provided in connection with the transportation of members of the public or other noncommon school purposes: PROVIDED FURTHER, That wherever public transportation, or private transportation certified or licensed by the Washington utilities and transportation commission is not reasonably available, the school district or intermediate school district may transport members of the public so long as they are reimbursed for the cost of such transportation, and such transportation has been approved by any metropolitan municipal corporation performing public transportation pursuant to chapter 35.58 RCW in the area to be served by the district. [1974 ex.s. c 93 § 1. Formerly RCW 28A.24.180.] 28A.160.120 [Title 28A RCW—page 31] 28A.160.130 Title 28A RCW: Common School Provisions 28A.160.130 Transportation vehicle fund—Deposits in—Use—Rules for establishment and use. (1) There is created a fund on deposit with each county treasurer for each school district of the county, which shall be known as the transportation vehicle fund. Money to be deposited into the transportation vehicle fund shall include, but is not limited to, the following: (a) The balance of accounts held in the general fund of each school district for the purchase of approved transportation equipment and for major transportation equipment repairs under RCW 28A.150.280. The amount transferred shall be the balance of the account as of September 1, 1982; (b) Reimbursement payments provided for in RCW 28A.160.200 except those provided under RCW 28A.160.200(3) that are necessary for contracted payments to private carriers; (c) Earnings from transportation vehicle fund investments as authorized in RCW 28A.320.300; and (d) The district’s share of the proceeds from the sale of transportation vehicles, as determined by the superintendent of public instruction. (2) Funds in the transportation vehicle fund may be used for the following purposes: (a) Purchase of pupil transportation vehicles pursuant to RCW 28A.160.200 and 28A.150.280; (b) Payment of conditional sales contracts as authorized in RCW 28A.335.200 or payment of obligations authorized in RCW 28A.530.080, entered into or issued for the purpose of pupil transportation vehicles; (c) Major repairs to pupil transportation vehicles; (d) For the 2009-2011 biennium, a school district that is wholly contained on an island and has a student enrollment greater than two hundred fifty students and fewer than five hundred and fifty students may transfer from the transportation vehicle fund to the school district’s general fund such amounts as necessary for instructional costs. The superintendent of public instruction shall adopt rules which shall establish the standards, conditions, and procedures governing the establishment and use of the transportation vehicle fund. The rules shall not permit the transfer of funds from the transportation vehicle fund to any other fund of the district, except as provided under subsection (2)(d) of this section. [2009 c 564 § 919; 1991 c 114 § 2; 1990 c 33 § 139; 1981 c 265 § 7. Formerly RCW 28A.58.428.] 28A.160.130 Effective date—2009 c 564: See note following RCW 2.68.020. Additional notes found at www.leg.wa.gov 28A.160.140 Contract for pupil transportation services with private nongovernmental entity—Competitive bid procedures. As a condition of entering into a pupil transportation services contract with a private nongovernmental entity, each school district shall engage in an open competitive process at least once every five years. This requirement shall not be construed to prohibit a district from entering into a pupil transportation services contract of less than five years in duration with a district option to renew, extend, or terminate the contract, if the district engages in an open competitive process at least once every five years after July 26, 1987. As used in this section: (1) "Open competitive process" means either one of the following, at the choice of the school district: 28A.160.140 [Title 28A RCW—page 32] (a) The solicitation of bids or quotations and the award of contracts under RCW 28A.335.190; or (b) The competitive solicitation of proposals and their evaluation consistent with the process and criteria recommended or required, as the case may be, by the office of financial management for state agency acquisition of personal service contractors; (2) "Pupil transportation services contract" means a contract for the operation of privately owned or school district owned school buses, and the services of drivers or operators, management and supervisory personnel, and their support personnel such as secretaries, dispatchers, and mechanics, or any combination thereof, to provide students with transportation to and from school on a regular basis; and (3) "School bus" means a motor vehicle as defined in RCW 46.04.521 and under the rules of the superintendent of public instruction. [1990 c 33 § 140; 1987 c 141 § 2. Formerly RCW 28A.58.133.] Additional notes found at www.leg.wa.gov 28A.160.150 Student transportation allocation— Operating costs, determination and funding. (Effective until September 1, 2011.) Funds allocated for transportation costs shall be in addition to the basic education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local districts. Operating costs as determined under RCW 28A.160.150 through 28A.160.180 shall be funded at one hundred percent or as close thereto as reasonably possible for transportation of an eligible student to and from school as defined in RCW 28A.160.160(3). In addition, funding shall be provided for transportation services for students living within one radius mile from school as determined under RCW 28A.160.180(2). [1996 c 279 § 1; 1990 c 33 § 141; 1983 1st ex.s. c 61 § 2; 1981 c 265 § 1. Formerly RCW 28A.41.505.] 28A.160.150 Additional notes found at www.leg.wa.gov 28A.160.150 Student transportation allocation— Operating costs, determination and funding. (Effective September 1, 2011.) Funds allocated for transportation costs, except for funds provided for transportation and transportation services to and from school shall be in addition to the basic education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for allocation purposes only and shall not be construed as mandating specific levels of pupil transportation services by local districts. Operating costs as determined under RCW 28A.160.150 through 28A.160.180 shall be funded at one hundred percent or as close thereto as reasonably possible for transportation of an eligible student to and from school as defined in RCW 28A.160.160(3). In addition, funding shall be provided for transportation services for students living within the walk area as determined under RCW 28A.160.160(5). [2009 c 548 § 304; 1996 c 279 § 1; 1990 c 33 § 141; 1983 1st ex.s. c 61 § 2; 1981 c 265 § 1. Formerly RCW 28A.41.505.] 28A.160.150 Effective date—2009 c 548 §§ 304-311: "Sections 304 through 311 of this act take effect September 1, 2011." [2010 c 236 § 16; 2009 c 548 § 805.] (2010 Ed.) Student Transportation Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.160.160 Student transportation allocation— Definitions. (Effective until September 1, 2011.) For purposes of RCW 28A.160.150 through 28A.160.190, except where the context shall clearly indicate otherwise, the following definitions apply: (1) "Eligible student" means any student served by the transportation program of a school district or compensated for individual transportation arrangements authorized by RCW 28A.160.030 whose route stop is more than one radius mile from the student’s school, except if the student to be transported is disabled under RCW 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from the school or agency where special education services are provided, in which case no mileage distance restriction applies. (2) "Superintendent" means the superintendent of public instruction. (3) "To and from school" means the transportation of students for the following purposes: (a) Transportation to and from route stops and schools; (b) Transportation to and from schools pursuant to an interdistrict agreement pursuant to RCW 28A.335.160; (c) Transportation of students between schools and learning centers for instruction specifically required by statute; and (d) Transportation of students with disabilities to and from schools and agencies for special education services. Extended day transportation shall not be considered part of transportation of students "to and from school" for the purposes of chapter 61, Laws of 1983 1st ex. sess. (4) "Transportation services" for students living within one radius mile from school means school transportation services including the use of buses, funding of crossing guards, and matching funds for local and state transportation projects intended to mitigate hazardous walking conditions. Priority for transportation services shall be given to students in grades kindergarten through five. [1996 c 279 § 2; 1995 c 77 § 17; 1990 c 33 § 142; 1983 1st ex.s. c 61 § 3; 1981 c 265 § 2. Formerly RCW 28A.41.510.] 28A.160.160 Additional notes found at www.leg.wa.gov 28A.160.160 Student transportation allocation— Definitions. (Effective September 1, 2011.) For purposes of RCW 28A.160.150 through 28A.160.190, except where the context shall clearly indicate otherwise, the following definitions apply: (1) "Eligible student" means any student served by the transportation program of a school district or compensated for individual transportation arrangements authorized by RCW 28A.160.030 whose route stop is outside the walk area for a student’s school, except if the student to be transported is disabled under RCW 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from the school or agency where special 28A.160.160 (2010 Ed.) 28A.160.170 education services are provided, in which case no mileage distance restriction applies. (2) "Superintendent" means the superintendent of public instruction. (3) "To and from school" means the transportation of students for the following purposes: (a) Transportation to and from route stops and schools; (b) Transportation to and from schools pursuant to an interdistrict agreement pursuant to RCW 28A.335.160; (c) Transportation of students between schools and learning centers for instruction specifically required by statute; and (d) Transportation of students with disabilities to and from schools and agencies for special education services. Academic extended day transportation for the instructional program of basic education under RCW 28A.150.220 shall be considered part of transportation of students "to and from school" for the purposes of this section. Transportation for field trips may not be considered part of transportation of students "to and from school" under this section. (4) "Transportation services" for students living within the walk area includes the coordination of walk-to-school programs, the funding of crossing guards, and matching funds for local and state transportation projects intended to mitigate hazardous walking conditions. Priority for transportation services shall be given to students in grades kindergarten through five. (5) As used in this section, "walk area" means that area around a school with an adequate roadway configuration to provide students access to school with a walking distance of less than one mile. Mileage must be measured along the shortest roadway or maintained public walkway where hazardous conditions do not exist. The hazardous conditions must be documented by a process established in rule by the superintendent of public instruction and must include roadway, environmental, and social conditions. Each elementary school shall identify walk routes within the walk area. [2009 c 548 § 305; 1996 c 279 § 2; 1995 c 77 § 17; 1990 c 33 § 142; 1983 1st ex.s. c 61 § 3; 1981 c 265 § 2. Formerly RCW 28A.41.510.] Effective date—2009 c 548 §§ 304-311: See note following RCW 28A.160.150. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.160.170 Student transportation allocation—District’s annual report to superintendent. (Effective until September 1, 2011.) Each district shall submit to the superintendent of public instruction during October of each year a report containing the following: (1)(a) The number of eligible students transported to and from school as provided for in RCW 28A.160.150 for the current school year and the number of miles estimated to be driven for pupil transportation services, along with a map describing student route stop locations and school locations, and (b) the number of miles driven for pupil transportation services as authorized in RCW 28A.160.150 the previous school year; and 28A.160.170 [Title 28A RCW—page 33] 28A.160.170 Title 28A RCW: Common School Provisions (2) Other operational data and descriptions as required by the superintendent to determine allocation requirements for each district. The superintendent shall require that districts separate the costs of operating the program for the transportation of eligible students to and from school as defined by RCW 28A.160.160(3) from non-to-and-fromschool pupil transportation costs in the annual financial statement. Each district shall submit the information required in this section on a timely basis as a condition of the continuing receipt of school transportation moneys. [2007 c 139 § 1; 1990 c 33 § 143; 1983 1st ex.s. c 61 § 4; 1981 c 265 § 3. Formerly RCW 28A.41.515.] Effective date—2007 c 139 § 1: "Section 1 of this act takes effect September 1, 2007." [2007 c 139 § 3.] Additional notes found at www.leg.wa.gov 28A.160.170 Student transportation allocation—District’s reports to superintendent. (Effective September 1, 2011.) Each district shall submit three times each year to the superintendent of public instruction during October, February, and May of each year a report containing the following: (1)(a) The number of eligible students transported to and from school as provided for in RCW 28A.160.150, along with identification of stop locations and school locations, and (b) the number of miles driven for pupil transportation services as authorized in RCW 28A.160.150 the previous school year; and (2) Other operational data and descriptions as required by the superintendent to determine allocation requirements for each district. The superintendent shall require that districts separate the costs of operating the program for the transportation of eligible students to and from school as defined by RCW 28A.160.160(3) from non-to-and-fromschool pupil transportation costs in the annual financial statement. The cost, quantity, and type of all fuel purchased by school districts for use in to-and-from-school transportation shall be included in the annual financial statement. Each district shall submit the information required in this section on a timely basis as a condition of the continuing receipt of school transportation moneys. [2009 c 548 § 306; 2007 c 139 § 1; 1990 c 33 § 143; 1983 1st ex.s. c 61 § 4; 1981 c 265 § 3. Formerly RCW 28A.41.515.] 28A.160.170 Effective date—2009 c 548 §§ 304-311: See note following RCW 28A.160.150. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Effective date—2007 c 139 § 1: "Section 1 of this act takes effect September 1, 2007." [2007 c 139 § 3.] Additional notes found at www.leg.wa.gov 28A.160.180 Student transportation allocation— Allocation rates, adjustment—District-owned passenger cars—Report. (Effective until September 1, 2011.) Each district’s annual student transportation allocation shall be based on differential rates determined by the superintendent of public instruction in the following manner: (1) The superintendent shall annually calculate a standard student mile allocation rate for determining the transpor28A.160.180 [Title 28A RCW—page 34] tation allocation for those services provided for in RCW 28A.160.150. "Standard student mile allocation rate," as used in this chapter, means the per mile allocation rate for transporting an eligible student. The standard student mile allocation rate may be adjusted to include such additional differential factors as distance; restricted passenger load; circumstances that require use of special types of transportation vehicles; student with disabilities load; and small fleet maintenance. (2) For transportation services for students living within one radius mile from school, the allocation shall be based on the number of students in grades kindergarten through five living within one radius mile as specified in the biennial appropriations act. (3) The superintendent of public instruction shall annually calculate allocation rate(s), which shall include vehicle amortization, for determining the transportation allocation for transporting students in district-owned passenger cars, as defined in RCW 46.04.382, pursuant to RCW 28A.160.010 for services provided for in RCW 28A.160.150 if a school district deems it advisable to use such vehicles after the school district board of directors has considered the safety of the students being transported as well as the economy of utilizing a district-owned passenger car in lieu of a school bus. (4) Prior to June 1st of each year the superintendent shall submit to the office of financial management, and the committees on education and ways and means of the senate and house of representatives a report outlining the methodology and rationale used in determining the allocation rates to be used the following year. [1996 c 279 § 3; 1995 c 77 § 18; 1990 c 33 § 144; 1985 c 59 § 1; 1983 1st ex.s. c 61 § 5; 1982 1st ex.s. c 24 § 2; 1981 c 265 § 4. Formerly RCW 28A.41.520.] Additional notes found at www.leg.wa.gov 28A.160.180 Student transportation allocation determination—Report. (Effective September 1, 2011.) Each district’s annual student transportation allocation shall be determined by the superintendent of public instruction in the following manner: (1) The superintendent shall annually calculate the transportation allocation for those services provided for in RCW 28A.160.150. The allocation formula may be adjusted to include such additional differential factors as basic and special passenger counts as defined by the superintendent of public instruction, average distance to school, and number of locations served. (2) The allocation shall be based on a regression analysis of the number of basic and special students transported and as many other site characteristics that are identified as being statistically significant. (3) The transportation allocation for transporting students in district-owned passenger cars, as defined in RCW 46.04.382, pursuant to RCW 28A.160.010 for services provided for in RCW 28A.160.150 if a school district deems it advisable to use such vehicles after the school district board of directors has considered the safety of the students being transported as well as the economy of utilizing a districtowned passenger car in lieu of a school bus is the private vehicle reimbursement rate in effect on September 1st of each 28A.160.180 (2010 Ed.) Student Transportation school year. Students transported in district-owned passenger cars must be included in the corresponding basic or special passenger counts. (4) Prior to June 1st of each year the superintendent shall submit to the office of financial management, and the education and fiscal committees of the legislature, a report outlining the methodology and rationale used in determining the statistical coefficients for each site characteristic used to determine the allocation for the following year. [2009 c 548 § 307; 1996 c 279 § 3; 1995 c 77 § 18; 1990 c 33 § 144; 1985 c 59 § 1; 1983 1st ex.s. c 61 § 5; 1982 1st ex.s. c 24 § 2; 1981 c 265 § 4. Formerly RCW 28A.41.520.] Effective date—2009 c 548 §§ 304-311: See note following RCW 28A.160.150. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.160.192 Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.160.191 Student transportation allocation— Adequacy for certain districts—Adjustment. (Effective September 1, 2011.) The superintendent of public instruction shall ensure that the allocation formula results in adequate appropriation for low enrollment districts, nonhigh districts, districts involved in cooperative transportation agreements, and cooperative special transportation services operated by educational service districts. If necessary, the superintendent shall develop a separate process to adjust the allocation of the districts. [2009 c 548 § 309.] 28A.160.191 Effective date—2009 c 548 §§ 304-311: See note following RCW 28A.160.150. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.160.192 Student transportation allocation—Distribution formula. (Effective September 1, 2011.) (1) The superintendent of public instruction shall phase-in the implementation of the distribution formula under this chapter for allocating state funds to school districts for the transportation of students to and from school. The phase-in shall begin no later than the 2011-2013 biennium and be fully implemented by the 2013-2015 biennium. (a) The formula must be developed and revised on an ongoing basis using the major cost factors in student transportation, including basic and special student loads, school district land area, average distance to school, roadway miles, and number of locations served. Factors must include all those site characteristics that are statistically significant after analysis of the data required by the revised reporting process. (b) The formula must allocate funds to school districts based on the average predicted costs of transporting students to and from school, using a regression analysis. (2) During the phase-in period, funding provided to school districts for student transportation operations shall be distributed on the following basis: (a) Annually, each school district shall receive the lesser of the previous school year’s pupil transportation operations allocation, or the total of allowable pupil transportation expenditures identified on the previous school year’s final expenditure report to the state plus district indirect expenses using the state recovery rate identified by the superintendent; and (b) Annually, any funds appropriated by the legislature in excess of the maintenance level funding amount for student transportation shall be distributed among school districts on a prorated basis using the difference between the amount identified in (a) of this subsection and the amount determined under the formula in RCW 28A.160.180. [2010 c 236 § 8; 2009 c 548 § 311.] 28A.160.192 28A.160.190 Student transportation allocation— Notice—Revised eligible student data, when—Allocation payments, amounts, when. (Effective until September 1, 2011.) The superintendent shall notify districts of their student transportation allocation before January 15th. If the number of eligible students in a school district changes ten percent or more from the October report, and the change is maintained for a period of twenty consecutive school days or more, the district may submit revised eligible student data to the superintendent of public instruction. The superintendent shall, to the extent funds are available, recalculate the district’s allocation for the transportation of pupils to and from school. The superintendent shall make the student transportation allocation in accordance with the apportionment payment schedule in RCW 28A.510.250. Such allocation payments may be based on estimated amounts for payments to be made in September, October, November, December, and January. [1990 c 33 § 145; 1985 c 59 § 2; 1983 1st ex.s. c 61 § 6; 1982 1st ex.s. c 24 § 3; 1981 c 265 § 5. Formerly RCW 28A.41.525.] 28A.160.190 Additional notes found at www.leg.wa.gov 28A.160.190 Student transportation allocation— Notice—Payment schedule. (Effective September 1, 2011.) The superintendent shall notify districts of their student transportation allocation before January 15th. The superintendent shall recalculate and prorate the district’s allocation for the transportation of pupils to and from school. The superintendent shall make the student transportation allocation in accordance with the apportionment payment schedule in RCW 28A.510.250. Such allocation payments may be based on the prior school year’s ridership report for payments to be made in September, October, November, December, and January. [2009 c 548 § 308; 1990 c 33 § 145; 1985 c 59 § 2; 1983 1st ex.s. c 61 § 6; 1982 1st ex.s. c 24 § 3; 1981 c 265 § 5. Formerly RCW 28A.41.525.] 28A.160.190 Effective date—2009 c 548 §§ 304-311: See note following RCW 28A.160.150. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. (2010 Ed.) Effective date—2010 c 236 §§ 2, 3, 4, 8, 10, 13, and 14: See note following RCW 28A.150.260. Intent—2010 c 236: See note following RCW 28A.150.260. Effective date—2009 c 548 §§ 304-311: See note following RCW 28A.160.150. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. [Title 28A RCW—page 35] 28A.160.1921 Title 28A RCW: Common School Provisions Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.160.1921 Student transportation reporting requirements—Updates and progress reports. (Expires June 30, 2015.) (1) The superintendent of public instruction shall develop, implement, and provide a copy of the rules specifying the student transportation reporting requirements to the legislature and school districts no later than December 1, 2010. (2) Beginning in December 2010, and continuing until December 2014, the superintendent shall provide quarterly updates and progress reports to the fiscal committees of the legislature on the implementation and testing of the distribution formula. (3) This section expires June 30, 2015. [2010 c 236 § 9.] 28A.160.1921 Intent—2010 c 236: See note following RCW 28A.150.260. 28A.160.195 Vehicle acquisition—School bus categories—Competitive specifications—Purchase—Reimbursement—Rules. (1) The superintendent of public instruction, in consultation with the regional transportation coordinators of the educational service districts, shall establish a minimum number of school bus categories considering the capacity and type of vehicles required by school districts in Washington. The superintendent, in consultation with the regional transportation coordinators of the educational service districts, shall establish competitive specifications for each category of school bus. The categories shall be developed to produce minimum long-range operating costs, including costs of equipment and all costs in operating the vehicles. The competitive specifications shall meet federal motor vehicle safety standards, minimum state specifications as established by rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional transportation coordinators of the educational service districts. The superintendent may solicit and accept price quotes for a rear-engine category school bus that shall be reimbursed at the price of the corresponding front engine category. (2) After establishing school bus categories and competitive specifications, the superintendent of public instruction shall solicit competitive price quotes for base buses from school bus dealers to be in effect for one year and shall establish a list of all accepted price quotes in each category obtained under this subsection. The superintendent shall also solicit price quotes for optional features and equipment. (3) The superintendent shall base the level of reimbursement to school districts and educational service districts for school buses on the lowest quote for the base bus in each category. School districts and educational service districts shall be reimbursed for buses purchased only through a lowestprice competitive bid process conducted under RCW 28A.335.190 or through the state bid process established by this section. (4) Notwithstanding RCW 28A.335.190, school districts and educational service districts may purchase at the quoted price directly from any dealer who is on the list established under subsection (2) of this section. School districts and educational service districts may make their own selections for school buses, but shall be reimbursed at the rates determined 28A.160.195 [Title 28A RCW—page 36] under subsection (3) of this section and RCW 28A.160.200. District-selected options shall not be reimbursed by the state. (5) This section does not prohibit school districts or educational service districts from conducting their own competitive bid process. (6) The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section. [2005 c 492 § 1; 2004 c 276 § 904; 1995 1st sp.s. c 10 § 1.] Severability—Effective date—2004 c 276: See notes following RCW 43.330.167. Additional notes found at www.leg.wa.gov 28A.160.200 Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule. (1) The superintendent shall develop a reimbursement schedule to pay districts for the cost of student transportation vehicles purchased after September 1, 1982. While it is the responsibility of each district to select and pay for each student transportation vehicle purchased by the district, each district shall be paid a sum based on the category of vehicle, anticipated lifetime of vehicles of this category, and state reimbursement rate for the category plus inflation as recognized by the reimbursement schedule established in this section as set by the superintendent. Categories and reimbursement rates of vehicles shall be those established under RCW 28A.160.195. The accumulated value of the payments and the potential investment return thereon shall be designed to be equal to the replacement cost of the vehicle less its salvage value at the end of its anticipated lifetime. The superintendent shall revise at least annually the reimbursement payments based on the current and anticipated future cost of comparable categories of transportation equipment. Reimbursements to school districts for approved transportation equipment shall be placed in a separate transportation vehicle fund established for each school district under RCW 28A.160.130. However, educational service districts providing student transportation services pursuant to RCW 28A.310.180(4) and receiving moneys generated pursuant to this section shall establish and maintain a separate transportation vehicle account in the educational service district’s general expense fund for the purposes and subject to the conditions under RCW 28A.160.130 and 28A.320.300. (2) To the extent possible, districts shall operate vehicles acquired under this section not less than the number of years or useful lifetime now, or hereafter, assigned to the category of vehicles by the superintendent. School districts shall properly maintain the transportation equipment acquired under the provisions of this section, in accordance with rules established by the office of the superintendent of public instruction. If a district fails to follow generally accepted standards of maintenance and operation, the superintendent of public instruction shall penalize the district by deducting from future reimbursements under this section an amount equal to the original cost of the vehicle multiplied by the fraction of the useful lifetime or miles the vehicle failed to operate. (3) The superintendent shall annually develop a depreciation schedule to recognize the cost of depreciation to districts contracting with private carriers for student transportation. Payments on this schedule shall be a straight line depreciation based on the original cost of the appropriate category 28A.160.200 (2010 Ed.) Learning Assistance Program of vehicle. [1995 1st sp.s. c 10 § 2; 1990 c 33 § 146; 1987 c 508 § 4; 1981 c 265 § 6. Formerly RCW 28A.41.540.] Transportation vehicle fund—Deposits in—Use—Rules for establishment and use: RCW 28A.160.130. Additional notes found at www.leg.wa.gov 28A.160.205 28A.160.205 School bus replacement incentive program—Rules. (1) The office of the superintendent of public instruction shall implement a school bus replacement incentive program. As part of the program, the office shall fund up to ten percent of the cost of a new 2007 or later model year school bus that meets the 2007 federal motor vehicle emission control standards and is purchased by a school district by no later than June 30, 2009, provided that the new bus is replacing a 1994 or older school bus in the school district’s fleet. Replacement of the oldest buses must be given highest priority. (2) The office of the superintendent of public instruction shall ensure that buses being replaced through this program are surplused under RCW 28A.335.180. As part of the surplus process, school districts must provide written documentation to the office of the superintendent of public instruction demonstrating that buses being replaced are scrapped and not purchased for road use. The documentation must include bus make, model, year, vehicle identification number, engine make, engine serial number, and salvage yard receipts; and must demonstrate that the engine and body of the bus being replaced has been rendered unusable. (3) The office of the superintendent of public instruction may adopt any rules necessary for the implementation of chapter 348, Laws of 2007. [2007 c 348 § 101.] Reviser’s note: 2007 c 348 directed that this section be added to chapter 28A.300 RCW. This section has been added to chapter 28A.160 RCW, which relates more directly to school bus acquisition. Findings—Part headings not law—2007 c 348: See RCW 43.325.005 and 43.325.903. 28A.160.210 28A.160.210 School bus drivers—Training and qualifications—Rules. In addition to other powers and duties, the superintendent of public instruction shall adopt rules governing the training and qualifications of school bus drivers. Such rules shall be designed to insure that persons will not be employed to operate school buses unless they possess such physical health and driving skills as are necessary to safely operate school buses: PROVIDED, That such rules shall insure that school bus drivers are provided a due process hearing before any certification required by such rules is cancelled: PROVIDED FURTHER, That such rules shall not conflict with the authority of the department of licensing to license school bus drivers in accordance with chapter 46.25 RCW. The superintendent of public instruction may obtain a copy of the driving record, as maintained by the department of licensing, for consideration when evaluating a school bus driver’s driving skills. [2006 c 263 § 906; 1989 c 178 § 20; 1981 c 200 § 1; 1979 c 158 § 89; 1969 ex.s. c 153 § 4. Formerly RCW 28A.04.131.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov (2010 Ed.) Chapter 28A.165 28A.165.015 Chapter 28A.165 RCW LEARNING ASSISTANCE PROGRAM Sections 28A.165.005 28A.165.015 28A.165.025 28A.165.035 28A.165.045 28A.165.055 28A.165.065 28A.165.075 28A.165.900 Purpose. Definitions. School district program plan. Program activities. Plan approval process. Funds—Eligibility—Distribution. Monitoring. Rules. Captions not law—2004 c 20. 28A.165.005 Purpose. (Effective until September 1, 2011.) The learning assistance program requirements in this chapter are designed to: (1) Promote the use of assessment data when developing programs to assist underachieving students; and (2) guide school districts in providing the most effective and efficient practices when implementing programs to assist underachieving students. Further, this chapter provides the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds. [2004 c 20 § 1.] 28A.165.005 28A.165.005 Purpose. (Effective September 1, 2011.) This chapter is designed to: (1) Promote the use of assessment data when developing programs to assist underachieving students; and (2) guide school districts in providing the most effective and efficient practices when implementing supplemental instruction and services to assist underachieving students. [2009 c 548 § 701; 2004 c 20 § 1.] 28A.165.005 Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.165.015 Definitions. (Effective until September 1, 2011.) Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter. (1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter. (2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills. (3) "Participating student" means a student in kindergarten through grade eleven who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. (4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state’s student assessment system, and assessments in the basic skills areas administered by local school districts. (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments. [2004 c 20 § 2.] 28A.165.015 [Title 28A RCW—page 37] 28A.165.015 Title 28A RCW: Common School Provisions 28A.165.015 Definitions. (Effective September 1, 2011.) Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter. (1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter. (2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills. (3) "Participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. (4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state’s student assessment system, and assessments in the basic skills areas administered by local school districts. (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments. [2009 c 548 § 702; 2004 c 20 § 2.] 28A.165.015 Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.165.025 School district program plan. (1) A participating school district shall submit the district’s plan for using learning assistance funds to the office of the superintendent of public instruction for approval, to the extent required under subsection (2) of this section. The program plan must identify the program activities to be implemented from RCW 28A.165.035 and implement all of the elements in (a) through (h) of this subsection. The school district plan shall include the following: (a) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law; (b) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities; (c) How accelerated learning plans are developed and implemented for participating students. Accelerated learning plans may be developed as part of existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students. Accelerated learning plans shall include: (i) Achievement goals for the students; (ii) Roles of the student, parents, or guardians and teachers in the plan; (iii) Communication procedures regarding student accomplishment; and (iv) Plan reviews and adjustments processes; (d) How state level and classroom assessments are used to inform instruction; (e) How focused and intentional instructional strategies have been identified and implemented; 28A.165.025 [Title 28A RCW—page 38] (f) How highly qualified instructional staff are developed and supported in the program and in participating schools; (g) How other federal, state, district, and school resources are coordinated with school improvement plans and the district’s strategic plan to support underachieving students; and (h) How a program evaluation will be conducted to determine direction for the following school year. (2) If a school district has received approval of its plan once, it is not required to submit a plan for approval under RCW 28A.165.045 or this section unless the district has made a significant change to the plan. If a district has made a significant change to only a portion of the plan the district need only submit a description of the changes made and not the entire plan. Plans or descriptions of changes to the plan must be submitted by July 1st as required under this section. The office of the superintendent of public instruction shall establish guidelines for what a "significant change" is. [2009 c 556 § 1; 2004 c 20 § 3.] 28A.165.035 Program activities. Use of best practices magnifies the opportunities for student success. The following are services and activities that may be supported by the learning assistance program: (1) Extended learning time opportunities occurring: (a) Before or after the regular school day; (b) On Saturday; and (c) Beyond the regular school year; (2) Services under RCW 28A.320.190; (3) Professional development for certificated and classified staff that focuses on: (a) The needs of a diverse student population; (b) Specific literacy and mathematics content and instructional strategies; and (c) The use of student work to guide effective instruction; (4) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students; (5) Tutoring support for participating students; and (6) Outreach activities and support for parents of participating students. [2008 c 321 § 4; 2004 c 20 § 4.] 28A.165.035 Findings—2008 c 321: See note following RCW 28A.655.061. 28A.165.045 Plan approval process. A participating school district shall submit a program plan to the office of the superintendent of public instruction for approval to the extent required by RCW 28A.165.025. The program plan must address all of the elements in RCW 28A.165.025 and identify the program activities to be implemented from RCW 28A.165.035. School districts achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW shall have their program approved once the program plan and activities submittal is completed. School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that are not in a state or federal program of school improvement shall be subject to program approval once the plan compo28A.165.045 (2010 Ed.) Substance Abuse Awareness Program nents are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan. School districts with one or more schools in a state or federal program of school improvement shall have their plans and activities reviewed and approved in conjunction with the state or federal program school improvement program requirements. [2009 c 556 § 2; 2004 c 20 § 5.] 28A.165.055 Funds—Eligibility—Distribution. (Effective until September 1, 2011.) (1) Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with the biennial appropriations act. The distribution formula is for school district allocation purposes only. The distribution formula shall be based on one or more family income factors measuring economic need. (2) In addition to the funds allocated to eligible school districts on the basis of family income factors, enhanced funds shall be allocated for school districts where more than twenty percent of students are eligible for and enrolled in the transitional bilingual instruction program under chapter 28A.180 RCW as provided in this subsection. The enhanced funding provided in this subsection shall take effect beginning in the 2008-09 school year. (a) If, in the prior school year, a district’s percent of October headcount student enrollment in grades kindergarten through twelve who are enrolled in the transitional bilingual instruction program, based on an average of the program headcount taken in October and May, exceeds twenty percent, twenty percent shall be subtracted from the district’s percent transitional bilingual instruction program enrollment and the resulting percent shall be multiplied by the district’s kindergarten through twelve annual average full-time equivalent enrollment for the prior school year. (b) The number calculated under (a) of this subsection shall be the number of additional funded students for purposes of this subsection, to be multiplied by the per-funded student allocation rates specified in the omnibus appropriations act. (c) School districts are only eligible for the enhanced funds under this subsection if their percentage of October headcount enrollment in grades kindergarten through twelve eligible for free or reduced-price lunch exceeded forty percent in the prior school year. [2008 c 321 § 10; 2005 c 489 § 1; 2004 c 20 § 6.] 28A.165.055 Findings—2008 c 321: See note following RCW 28A.655.061. 28A.165.055 Funds—Eligibility. (Effective September 1, 2011.) Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program 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 learning assistance program must be expended for the purposes of RCW 28A.165.005 through 28A.165.065. [2009 c 548 § 703; 2008 c 321 § 10; 2005 c 489 § 1; 2004 c 20 § 6.] 28A.165.055 (2010 Ed.) 28A.170.075 Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Findings—2008 c 321: See note following RCW 28A.655.061. 28A.165.065 Monitoring. To ensure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every four years. Individual student records shall be maintained at the school district. [2004 c 20 § 7.] 28A.165.065 28A.165.075 Rules. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter. [2004 c 20 § 8.] 28A.165.075 28A.165.900 Captions not law—2004 c 20. Captions used in this act are not any part of the law. [2004 c 20 § 9.] 28A.165.900 Chapter 28A.170 RCW SUBSTANCE ABUSE AWARENESS PROGRAM Chapter 28A.170 Sections 28A.170.050 28A.170.075 28A.170.080 28A.170.090 Advisory committee—Members—Duties. Findings—Intent. Grants—Substance abuse intervention. Selection of grant recipients—Program rules. 28A.170.050 Advisory committee—Members— Duties. The superintendent of public instruction shall appoint a substance abuse advisory committee comprised of: Representatives of certificated and classified staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and health services; the traffic safety commission; and county coordinators of alcohol and drug treatment. The committee shall advise the superintendent on matters of local program development, coordination, and evaluation. [1997 c 13 § 3; 1987 c 518 § 209. Formerly RCW 28A.120.038.] 28A.170.050 Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Additional notes found at www.leg.wa.gov 28A.170.075 Findings—Intent. (1) The legislature finds that the provision of drug and alcohol counseling and related prevention and intervention services in schools will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potentials. (2) The legislature finds that it is essential that resources be made available to school districts to provide early drug and alcohol prevention and intervention services to students and their families; to assist in referrals to treatment providers; and to strengthen the transition back to school for students who have had problems of drug and alcohol abuse. (3) Substance abuse awareness programs funded under this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state’s funding duty thereunder. 28A.170.075 [Title 28A RCW—page 39] 28A.170.080 Title 28A RCW: Common School Provisions (4) The legislature intends to provide grants for drug and alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of students at risk. [1995 c 335 § 204; 1990 c 33 § 156; 1989 c 271 § 310. Formerly RCW 28A.120.080.] Additional notes found at www.leg.wa.gov 28A.170.080 Grants—Substance abuse intervention. (1) Grants provided under RCW 28A.170.090 may be used solely for services provided by a substance abuse intervention specialist or for dedicated staff time for counseling and intervention services provided by any school district certificated employee who has been trained by and has access to consultation with a substance abuse intervention specialist. Services shall be directed at assisting students in kindergarten through twelfth grade in overcoming problems of drug and alcohol abuse, and in preventing abuse and addiction to such substances, including nicotine. The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. The services of a substance abuse intervention specialist may be obtained by means of a contract with a state or community services agency or a drug treatment center. Services provided by a substance abuse intervention specialist may include: (a) Individual and family counseling, including preventive counseling; (b) Assessment and referral for treatment; (c) Referral to peer support groups; (d) Aftercare; (e) Development and supervision of student mentor programs; (f) Staff training, including training in the identification of high-risk children and effective interaction with those children in the classroom; and (g) Development and coordination of school drug and alcohol core teams, involving staff, students, parents, and community members. (2) For the purposes of this section, "substance abuse intervention specialist" means any one of the following, except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the same qualifications as are required of a qualified chemical dependency counselor employed by an alcoholism or drug treatment program approved by the department of social and health services. (a) An educational staff associate employed by a school district or educational service district who holds certification as a school counselor, school psychologist, school nurse, or school social worker under Washington professional educator standards board rules adopted pursuant to RCW 28A.410.210; (b) An individual who meets the definition of a qualified drug or alcohol counselor established by the bureau of alcohol and substance abuse; (c) A counselor, social worker, or other qualified professional employed by the department of social and health services; 28A.170.080 [Title 28A RCW—page 40] (d) A psychologist licensed under chapter 18.83 RCW; or (e) A children’s mental health specialist as defined in RCW 71.34.020. [2005 c 497 § 213; 1990 c 33 § 157; 1989 c 271 § 311. Formerly RCW 28A.120.082.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Additional notes found at www.leg.wa.gov 28A.170.090 Selection of grant recipients—Program rules. (1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug and alcohol abuse prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose. The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars. Factors to be used in selecting proposals for funding and in determining grant awards shall be developed in consultation with the substance abuse advisory committee appointed under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may include: (a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads; (b) The total number of students who would have access to services; and (c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and intervention activities. (2) The application procedures for grants under this section shall include provisions for comprehensive planning, establishment of a school and community substance abuse advisory committee, and documentation of the district’s needs assessment. Planning and application for grants under this section may be integrated with the development of other substance abuse awareness programs by school districts. School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness programs. School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for students in grades five through nine. Grants may be used to provide services for students who are enrolled in approved private schools. (3) School districts receiving grants under this section shall be required to establish a means of accessing formal assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications submitted by districts shall identify the districts’ plan for meeting this requirement. (4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug and alcohol abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction. (5) The superintendent of public instruction may adopt rules to implement RCW 28A.170.080 and 28A.170.090. 28A.170.090 (2010 Ed.) Dropout Prevention, Intervention, and Retrieval System [1995 c 335 § 205; 1990 c 33 § 158; 1989 c 271 § 312. Formerly RCW 28A.120.084.] Additional notes found at www.leg.wa.gov Chapter 28A.175 RCW DROPOUT PREVENTION, INTERVENTION, AND RETRIEVAL SYSTEM Chapter 28A.175 Sections 28A.175.010 Educational progress information—Reporting requirements—Rules—Reports to legislature—Annual estimate of savings. 28A.175.025 Building bridges program—Grants. 28A.175.035 Grants—Criteria and requirements—Data collection— Third-party evaluator—Report. 28A.175.045 Grant awards—Recipients. 28A.175.055 Grant awards—Eligibility. 28A.175.065 Duties of educational service districts—Collaboration with workforce development councils. 28A.175.074 Definitions. 28A.175.075 Building bridges work group—Composition—Duties— Reports. 28A.175.100 Statewide dropout reengagement program. 28A.175.105 Statewide dropout reengagement program—Definitions. 28A.175.110 Statewide dropout reengagement program—Model interlocal agreement and model contract—Students considered regularly enrolled in district. 28A.175.115 Statewide dropout reengagement program—Rules. 28A.175.025 tricts, including administrative and counseling personnel, with regard to the methods through which information is to be collected and reported. (6) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school building officials shall, to the extent reasonably practical, obtain such information directly from students. In lieu of obtaining such information directly from students, building principals and counselors shall identify the causes or reasons, or both, based on their professional judgment. (7) The superintendent of public instruction shall report annually to the legislature the information collected under subsections (1) through (4) of this section. (8) The Washington state institute for public policy shall calculate an annual estimate of the savings resulting from any change compared to the prior school year in the extended graduation rate. The superintendent shall include the estimate from the institute in an appendix of the report required under subsection (7) of this section, beginning with the 2010 report. [2010 c 243 § 5; 2005 c 207 § 3; 1991 c 235 § 4; 1986 c 151 § 1. Formerly RCW 28A.58.087.] F ind ing s— Inte nt— 2 005 c 20 7: See n ot e fol l ow i ng RC W 28A.600.300. 28A.175.025 Building bridges program—Grants. Subject to the availability of funds appropriated for this purpose, the office of the superintendent of public instruction shall create a grant program and award grants to local partnerships of schools, families, and communities to begin the phase in of a statewide comprehensive dropout prevention, intervention, and retrieval system. This program shall be known as the building bridges program. (1) For purposes of RCW 28A.175.025 through 28A.175.075, a "building bridges program" means a local partnership of schools, families, and communities that provides all of the following programs or activities: (a) A system that identifies individual students at risk of dropping out from middle through high school based on local predictive data, including state assessment data starting in the fourth grade, and provides timely interventions for such students and for dropouts, including a plan for educational success as already required by the student learning plan as defined under RCW 28A.655.061. Students identified shall include foster care youth, youth involved in the juvenile justice system, and students receiving special education services under chapter 28A.155 RCW; (b) Coaches or mentors for students as necessary; (c) Staff responsible for coordination of community partners that provide a seamless continuum of academic and nonacademic support in schools and communities; (d) Retrieval or reentry activities; and (e) Alternative educational programming, including, but not limited to, career and technical education exploratory and preparatory programs and online learning opportunities. (2) One of the grants awarded under this section shall be for a two-year demonstration project focusing on providing fifth through twelfth grade students with a program that utilizes technology and is integrated with state standards, basic academics, cross-cultural exposures, and age-appropriate preemployment training. The project shall: 28A.175.025 28A.175.010 Educational progress information— Reporting requirements—Rules—Reports to legislature—Annual estimate of savings. Each school district shall account for the educational progress of each of its students. To achieve this, school districts shall be required to report annually to the superintendent of public instruction: (1) For students enrolled in each of a school district’s high school programs: (a) The number of students who graduate in fewer than four years; (b) The number of students who graduate in four years; (c) The number of students who remain in school for more than four years but who eventually graduate and the number of students who remain in school for more than four years but do not graduate; (d) The number of students who transfer to other schools; (e) The number of students in the ninth through twelfth grade who drop out of school over a four-year period; and (f) The number of students whose status is unknown. (2) Dropout rates of students in each of the grades seven through twelve. (3) Dropout rates for student populations in each of the grades seven through twelve by: (a) Ethnicity; (b) Gender; (c) Socioeconomic status; and (d) Disability status. (4) The causes or reasons, or both, attributed to students for having dropped out of school in grades seven through twelve. (5) The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to assure uniformity in the information districts are required to report under subsections (1) through (4) of this section. In developing rules, the superintendent of public instruction shall consult with school dis28A.175.010 (2010 Ed.) [Title 28A RCW—page 41] 28A.175.035 Title 28A RCW: Common School Provisions (a) Establish programs in two western Washington and one eastern Washington urban areas; (b) Identify at-risk students in each of the distinct communities and populations and implement strategies to close the achievement gap; (c) Collect and report data on participant characteristics and outcomes of the project, including the characteristics and outcomes specified under RCW 28A.175.035(1)(e); and (d) Submit a report to the legislature by December 1, 2009. [2007 c 408 § 2.] Intent—Findings—2007 c 408: "It is the intent of the legislature that increasing academic success and increasing graduation rates be dual goals for the K-12 system. The legislature finds that only seventy-four percent of the class of 2005 graduated on time. Students of color, students living in poverty, students in foster care, students in the juvenile justice system, students who are homeless, students for whom English is not their primary language, and students with disabilities have lower graduation rates than the average. The legislature further finds that students who drop out experience more frequent occurrences of early pregnancy, delinquency, substance abuse, and mental health issues, and have greater need of publicly funded health and social services. The legislature further finds that helping all students be successful in school requires active participation in coordinating services from schools, parents, and other stakeholders and agencies in the local community. The legislature finds that existing resources to vulnerable youth are used more efficiently and effectively when there is significant coordination across local and state entities. The legislature further finds that efficiency and accountability of the K-12 system would be improved by creating a dropout prevention and intervention grant program that implements research-based and emerging best practices and evaluates results." [2007 c 408 § 1.] 28A.175.035 Grants—Criteria and requirements— Data collection—Third-party evaluator—Report. (1) The office of the superintendent of public instruction shall: (a) Identify criteria for grants and evaluate proposals for funding in consultation with the workforce training and education coordinating board; (b) Develop and monitor requirements for grant recipients to: (i) Identify students who both fail the Washington assessment of student learning and drop out of school; (ii) Identify their own strengths and gaps in services provided to youth; (iii) Set their own local goals for program outcomes; (iv) Use research-based and emerging best practices that lead to positive outcomes in implementing the building bridges program; and (v) Coordinate an outreach campaign to bring public and private organizations together and to provide information about the building bridges program to the local community; (c) In setting the requirements under (b) of this subsection, encourage creativity and provide for flexibility in implementing the local building bridges program; (d) Identify and disseminate successful practices; (e) Develop requirements for grant recipients to collect and report data, including, but not limited to: (i) The number of and demographics of students served including, but not limited to, information regarding a student’s race and ethnicity, a student’s household income, a student’s housing status, whether a student is a foster youth or youth involved in the juvenile justice system, whether a student is disabled, and the primary language spoken at a student’s home; (ii) Washington assessment of student learning scores; 28A.175.035 [Title 28A RCW—page 42] (iii) Dropout rates; (iv) On-time graduation rates; (v) Extended graduation rates; (vi) Credentials obtained; (vii) Absenteeism rates; (viii) Truancy rates; and (ix) Credit retrieval; (f) Contract with a third party to evaluate the infrastructure and implementation of the partnership including the leveraging of outside resources that relate to the goal of the partnership. The third-party contractor shall also evaluate the performance and effectiveness of the partnerships relative to the type of entity, as identified in RCW 28A.175.045, serving as the lead agency for the partnership; and (g) Report to the legislature by December 1, 2008. (2) In performing its duties under this section, the office of the superintendent of public instruction is encouraged to consult with the work group identified in RCW 28A.175.075. [2007 c 408 § 3.] Inte nt —F i ndi ngs— 2 007 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.045 Grant awards—Recipients. In awarding the grants under RCW 28A.175.025, the office of the superintendent of public instruction shall prioritize schools or districts with dropout rates above the statewide average and shall attempt to award building bridges program grants to different geographic regions of the state. Eligible recipients shall be one of the following entities acting as a lead agency for the local partnership: A school district, a tribal school, an area workforce development council, an educational service district, an accredited institution of higher education, a vocational skills center, a federally recognized tribe, a community organization, or a nonprofit 501(c)(3) corporation. If the recipient is not a school district, at least one school district must be identified within the partnership. The superintendent of public instruction shall ensure that grants are distributed proportionately between school districts and other recipients. This requirement may be waived if the superintendent of public instruction finds that the quality of the programs or applications from these entities does not warrant the awarding of the grants proportionately. [2007 c 408 § 4.] 28A.175.045 Inte nt —F i ndi ngs— 2 007 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.055 Grant awards—Eligibility. To be eligible for a grant under RCW 28A.175.025, grant applicants shall: (1) Build or demonstrate a commitment to building a broad-based partnership of schools, families, and community members to provide an effective and efficient building bridges program. The partnership shall consider an effective model for school-community partnerships and include local membership from, but not limited to, school districts, tribal schools, secondary career and technical education programs, skill centers that serve the local community, an educational service district, the area workforce development council, accredited institutions of higher education, tribes or other cultural organizations, the parent teacher association, the juvenile court, prosecutors and defenders, the local health department, health care agencies, public transportation agencies, 28A.175.055 (2010 Ed.) Dropout Prevention, Intervention, and Retrieval System local division representatives of the department of social and health services, businesses, city or county government agencies, civic organizations, and appropriate youth-serving community-based organizations. Interested parents and students shall be actively included whenever possible; (2) Demonstrate how the grant will enhance any dropout prevention and intervention programs and services already in place in the district; (3) Provide a twenty-five percent match that may include in-kind resources from within the partnership; (4) Track and report data required by the grant; and (5) Describe how the dropout prevention, intervention, and retrieval system will be sustained after initial funding, including roles of each of the partners. [2007 c 408 § 5.] Inte nt— F i ndi ngs— 20 07 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.065 Duties of educational service districts— Collaboration with workforce development councils. (1) Educational service districts, in collaboration with area workforce development councils, shall: (a) Provide technical assistance to local partnerships established under a grant awarded under RCW 28A.175.025 in collecting and using performance data; and (b) At the request of a local partnership established under a grant awarded under RCW 28A.175.025, provide assistance in the development of a functional sustainability plan, including the identification of potential funding sources for future operation. (2) Local partnerships established under a grant awarded under RCW 28A.175.025 may contract with an educational service district, workforce development council, or a private agency for specialized training in such areas as cultural competency, identifying diverse learning styles, and intervention strategies for students at risk of dropping out of school. [2007 c 408 § 6.] 28A.175.065 Inte nt— F i ndi ngs— 20 07 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.074 Definitions. The definitions in this section apply throughout section 3, chapter 243, Laws of 2010 and RCW 28A.175.075 unless the context clearly requires otherwise. (1) "Critical community members" means representatives in the local community from among the following agencies and organizations: Student/parent organizations, parents and families, local government, law enforcement, juvenile corrections, any tribal organization in the local school district, the local health district, nonprofit and social service organizations serving youth, and faith organizations. (2) "Dropout early warning and intervention data system" means a student information system that provides the data needed to conduct a universal screening to identify students at risk of dropping out, catalog student interventions, and monitor student progress towards graduation. (3) "K-12 dropout prevention, intervention, and reengagement system" means a system that provides all of the following functions: (a) Engaging in school improvement planning specifically focused on improving high school graduation rates, 28A.175.075 including goal-setting and action planning, based on a comprehensive assessment of strengths and challenges; (b) Providing prevention activities including, but not limited to, emotionally and physically safe school environments, implementation of a comprehensive guidance and counseling model facilitated by certified school counselors, core academic instruction, and career and technical education exploratory and preparatory programs; (c) Identifying vulnerable students based on a dropout early warning and intervention data system; (d) Timely academic and nonacademic group and individual interventions for vulnerable students based on a response to intervention model, including planning and sharing of information at critical academic transitions; (e) Providing graduation coaches, mentors, certified school counselors, and/or case managers for vulnerable students identified as needing a more intensive one-on-one adult relationship; (f) Establishing and providing staff to coordinate a school/family/community partnership that assists in building a K-12 dropout prevention, intervention, and reengagement system; (g) Providing retrieval or reentry activities; and (h) Providing alternative educational programming including, but not limited to, credit retrieval and online learning opportunities. (4) "School/family/community partnership" means a partnership between a school or schools, families, and the community, that engages critical community members in a formal, structured partnership with local school districts in a coordinated effort to provide comprehensive support services and improve outcomes for vulnerable youth. (5) "Vulnerable students" means students who are in foster care, involved in the juvenile justice system, receiving special education services under chapter 28A.155 RCW, recent immigrants, homeless, emotionally traumatized, or are facing behavioral health issues, and students deemed at-risk of school failure as identified by a dropout early warning data system or other assessment. [2010 c 243 § 2.] 28A.175.074 (2010 Ed.) 28A.175.075 Building bridges work group—Composition—Duties—Reports. (1) The office of the superintendent of public instruction shall establish a state-level building bridges work group that includes K-12 and state agencies that work with youth who have dropped out or are at risk of dropping out of school. The following agencies shall appoint representatives to the work group: The office of the superintendent of public instruction, the workforce training and education coordinating board, the department of early learning, the employment security department, the state board for community and technical colleges, the department of health, the community mobilization office, and the children’s services and behavioral health and recovery divisions of the department of social and health services. The work group should also consist of one representative from each of the following agencies and organizations: A statewide organization representing career and technical education programs including skill centers; the juvenile courts or the office of juvenile justice, or both; the Washington association of prosecuting attorneys; the Washington state office of public defense; accredited institutions of higher education; the educational service 28A.175.075 [Title 28A RCW—page 43] 28A.175.100 Title 28A RCW: Common School Provisions districts; the area workforce development councils; parent and educator associations; achievement gap oversight and accountability committee; office of the education ombudsman; local school districts; agencies or organizations that provide services to special education students; community organizations serving youth; federally recognized tribes and urban tribal centers; each of the major political caucuses of the senate and house of representatives; and the minority commissions. (2) To assist and enhance the work of the building bridges programs established in RCW 28A.175.025, the state-level work group shall: (a) Identify and make recommendations to the legislature for the reduction of fiscal, legal, and regulatory barriers that prevent coordination of program resources across agencies at the state and local level; (b) Develop and track performance measures and benchmarks for each partner agency or organization across the state including performance measures and benchmarks based on student characteristics and outcomes specified in RCW 28A.175.035(1)(e); and (c) Identify research-based and emerging best practices regarding prevention, intervention, and retrieval programs. (3)(a) The work group shall report to the quality education council, appropriate committees of the legislature, and the governor on an annual basis beginning December 1, 2007, with proposed strategies for building K-12 dropout prevention, intervention, and reengagement systems in local communities throughout the state including, but not limited to, recommendations for implementing emerging best practices, needed additional resources, and eliminating barriers. (b) By September 15, 2010, the work group shall report on: (i) A recommended state goal and annual state targets for the percentage of students graduating from high school; (ii) A recommended state goal and annual state targets for the percentage of youth who have dropped out of school who should be reengaged in education and be college and work ready; (iii) Recommended funding for supporting career guidance and the planning and implementation of K-12 dropout prevention, intervention, and reengagement systems in school districts and a plan for phasing the funding into the program of basic education, beginning in the 2011-2013 biennium; and (iv) A plan for phasing in the expansion of the current school improvement planning program to include statefunded, dropout-focused school improvement technical assistance for school districts in significant need of improvement regarding high school graduation rates. (4) State agencies in the building bridges work group shall work together, wherever feasible, on the following activities to support school/family/community partnerships engaged in building K-12 dropout prevention, intervention, and reengagement systems: (a) Providing opportunities for coordination and flexibility of program eligibility and funding criteria; (b) Providing joint funding; (c) Developing protocols and templates for model agreements on sharing records and data; [Title 28A RCW—page 44] (d) Providing joint professional development opportunities that provide knowledge and training on: (i) Research-based and promising practices; (ii) The availability of programs and services for vulnerable youth; and (iii) Cultural competence. (5) The building bridges work group shall make recommendations to the governor and the legislature by December 1, 2010, on a state-level and regional infrastructure for coordinating services for vulnerable youth. Recommendations must address the following issues: (a) Whether to adopt an official conceptual approach or framework for all entities working with vulnerable youth that can support coordinated planning and evaluation; (b) The creation of a performance-based management system, including outcomes, indicators, and performance measures relating to vulnerable youth and programs serving them, including accountability for the dropout issue; (c) The development of regional and/or county-level multipartner youth consortia with a specific charge to assist school districts and local communities in building K-12 comprehensive dropout prevention, intervention, and reengagement systems; (d) The development of integrated or school-based onestop shopping for services that would: (i) Provide individualized attention to the neediest youth and prioritized access to services for students identified by a dropout early warning and intervention data system; (ii) Establish protocols for coordinating data and services, including getting data release at time of intake and common assessment and referral processes; and (iii) Build a system of single case managers across agencies; (e) Launching a statewide media campaign on increasing the high school graduation rate; and (f) Developing a statewide database of available services for vulnerable youth. [2010 c 243 § 4; 2007 c 408 § 7.] Inte nt —F i ndi ngs— 2 007 c 40 8: See n ot e fol l ow i ng RC W 28A.175.025. 28A.175.100 Statewide dropout reengagement program. (1) This section and RCW 28A.175.105 through 28A.175.115 provide a statutory framework for a statewide dropout reengagement system to provide appropriate educational opportunities and access to services for students age sixteen to twenty-one who have dropped out of high school or are not accumulating sufficient credits to reasonably complete a high school diploma in a public school before the age of twenty-one. (2) Under the system, school districts may: (a) Enter into the model interlocal agreement developed under RCW 28A.175.110 with an educational service district, community or technical college, or other public entity to provide a dropout reengagement program for eligible students of the district; or (b) Enter into the model contract developed under RCW 28A.175.110 with a community-based organization to provide a dropout reengagement program for eligible students of the district. (3) If a school district does not enter an interlocal agreement or contract with an educational service district, commu28A.175.100 (2010 Ed.) Dropout Prevention, Intervention, and Retrieval System nity or technical college, other public entity, or communitybased organization to provide a dropout reengagement program for eligible students residing in the district, the educational service district, community or technical college, other public entity, or community-based organization may petition a school district other than the resident school district to enroll the eligible students under RCW 28A.225.220 through 28A.225.230 and enter the interlocal agreement or contract with the petitioning entity to provide a dropout reengagement program for the eligible students. (4) This section does not affect the authority of school districts to contract for educational services under RCW 28A.150.305 and 28A.320.035. This section also does not affect the authority of school districts to offer dropout reengagement programs or other educational services for eligible students directly. [2010 c 20 § 2.] Intent—2010 c 20: "(1) In every school district there are older youth who have become disengaged with the traditional education program of public high schools. They may have failed multiple classes and are far behind in accumulating credits to graduate. They do not see a high school diploma as an achievable goal. They may have dropped out of school entirely. They are not likely to become reengaged in their education by the prospect of reenrollment in a traditional or even an alternative high school. (2) For many years, school districts, community and technical colleges, and community-based organizations have created partnerships to provide appropriate educational programs for these students. Programs such as career education options and career link have successfully offered individualized academic instruction, case management support, and career-oriented skills in an age-appropriate learning environment to hundreds of disengaged older youth. Preparation for the GED test is provided but is not the end goal for students. (3) However, in recent years, many of these partnerships have ceased to operate. The laws and rules authorizing school districts to contract using basic education allocations do not provide sufficient guidance and instead present barriers. Program providers are forced to adapt to rules that were not written to address the needs of the students being served. Questions and concerns about liability, responsibility, and administrative burden have caused districts reluctantly to abandon their partnerships, and consequently leave hundreds of students without a viable alternative for continuing their public education. (4) Therefore the legislature intends to provide a statutory framework to support a statewide dropout reengagement system for older youth. The framework clarifies and standardizes funding, programs, and administration by directing the office of the superintendent of public instruction to develop model contracts and interlocal agreements. It is the legislature’s intent to encourage school districts, community and technical colleges, and community-based organizations to participate in this system and provide appropriate instruction and services to reengage older students and help them make progress toward a meaningful credential and career skills." [2010 c 20 § 1.] 28A.175.105 Statewide dropout reengagement program—Definitions. The definitions in this section apply throughout RCW 28A.175.100 through 28A.175.110 unless the context clearly requires otherwise: (1) "Dropout reengagement program" means an educational program that offers at least the following instruction and services: (a) Academic instruction, including but not limited to GED preparation, academic skills instruction, and college and work readiness preparation, that generates credits that can be applied to a high school diploma from the student’s school district or from a community or technical college under RCW 28B.50.535 and has the goal of enabling the student to obtain the academic and work readiness skills necessary for employment or postsecondary study. A dropout reengagement program is not required to offer instruction in only those subject areas where a student is deficient in accu28A.175.105 (2010 Ed.) 28A.175.110 mulated credits. Academic instruction must be provided by teachers certified by the Washington professional educator standards board or by instructors employed by a community or technical college whose required credentials are established by the college; (b) Case management, academic and career counseling, and assistance with accessing services and resources that support at-risk youth and reduce barriers to educational success; and (c) If the program provider is a community or technical college, the opportunity for qualified students to enroll in college courses that lead to a postsecondary degree or certificate. The college may not charge an eligible student tuition for such enrollment. (2) "Eligible student" means a student who: (a) Is at least sixteen but less than twenty-one years of age at the beginning of the school year; (b) Is not accumulating sufficient credits toward a high school diploma to reasonably complete a high school diploma from a public school before the age of twenty-one or is recommended for the program by case managers from the department of social and health services or the juvenile justice system; and (c) Is enrolled or enrolls in the school district in which the student resides, or is enrolled or enrolls in a nonresident s c h o o l d i s t r i c t u n d e r R C W 2 8 A. 2 2 5 . 2 2 0 t h r o u g h 28A.225.230. (3) "Full-time equivalent eligible student" means an eligible student whose enrollment and attendance meet criteria adopted by the office of the superintendent of public instruction specifically for dropout reengagement programs. The criteria shall be: (a) Based on the community or technical college credits generated by the student if the program provider is a community or technical college; and (b) Based on a minimum amount of planned programming or instruction and minimum attendance by the student rather than hours of seat time if the program provider is a community-based organization. [2010 c 20 § 3.] Intent—2010 c 20: See note following RCW 28A.175.100. 28A.175.110 Statewide dropout reengagement program—Model interlocal agreement and model contract— Students considered regularly enrolled in district. (1) The office of the superintendent of public instruction shall develop a model interlocal agreement and a model contract for the dropout reengagement system. (2) The model interlocal agreement and contract shall, at a minimum, address the following: (a) Responsibilities for identification, referral, and enrollment of eligible students; (b) Instruction and services to be provided by a dropout r ee n g a g e m en t p r o g r a m , a s s p e c i f i e d u n d e r R C W 28A.175.105; (c) Responsibilities for data collection and reporting, including student transcripts and data required for the statewide student information system; (d) Administration of the high school statewide student assessments; 28A.175.110 [Title 28A RCW—page 45] 28A.175.115 Title 28A RCW: Common School Provisions (e) Uniform financial reimbursement rates per full-time equivalent eligible student enrolled in a dropout reengagement program, calculated and allocated as a statewide annual average of the basic education allocations generated under RCW 28A.150.260 for nonvocational students and including enhancements for vocational students where eligible students are enrolled in vocational courses in a program, and allowing for a uniform administrative fee to be retained by the district; (f) Responsibilities for provision of special education or related services for eligible students with disabilities who have an individualized education program; (g) Responsibilities for necessary accommodations and plans for students qualifying under section 504 of the rehabilitation act of 1973; (h) Minimum instructional staffing ratios for dropout reengagement programs offered by community-based organizations, which are not required to be the same as for other basic education programs in school districts; and (i) Performance measures that must be reported to the office of the superintendent of public instruction in a common format for purposes of accountability, including longitudinal monitoring of student progress and postsecondary education and employment. (3) Eligible students enrolled in a dropout reengagement program under RCW 28A.175.100, 28A.175.105, and this section are considered regularly enrolled students of the school district in which they are enrolled, except that the students shall not be included in the school district’s enrollment for purposes of calculating compliance with RCW 28A.150.100. [2010 c 20 § 4.] Intent—2010 c 20: See note following RCW 28A.175.100. 28A.175.115 Statewide dropout reengagement program—Rules. (1) The office of the superintendent of public instruction shall adopt rules to implement RCW 28A.175.100 through 28A.175.110. (2) When adopting rules under this section and developing model interlocal agreements and contracts under RCW 28A.175.110, the office of the superintendent of public instruction shall consult with the state board for community and technical colleges, the workforce training and education coordinating board, colleges and community-based organizations that have previously offered dropout reengagement programs, providers of online courses and programs approved under RCW 28A.250.020, school districts, and educational service districts. [2010 c 20 § 5.] 28A.175.115 Intent—2010 c 20: See note following RCW 28A.175.100. Chapter 28A.180 Chapter 28A.180 RCW TRANSITIONAL BILINGUAL INSTRUCTION PROGRAM Sections 28A.180.010 28A.180.020 28A.180.030 28A.180.040 28A.180.060 28A.180.080 Short title—Purpose. Annual report by superintendent of public instruction. Definitions. School board duties. Guidelines and rules. Budget requests—Allocation of moneys—English language skills test. 28A.180.090 Evaluation system—Report to the legislature. 28A.180.100 Continuing education plan for older students. [Title 28A RCW—page 46] 28A.180.010 Short title—Purpose. (Effective until Se p te m b e r 1 , 2 0 1 1. ) R C W 2 8 A. 1 8 0 . 0 1 0 t h r ou g h 28A.180.080 shall be known and cited as "The Transitional Bilingual Instruction Act." The legislature finds that there are large numbers of children who come from homes where the primary language is other than English. The legislature finds that a transitional bilingual education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW 28A.180.010 through 28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools, and to provide supplemental financial assistance to school districts to meet the extra costs of these programs. [1990 c 33 § 163; 1984 c 124 § 1; 1979 c 95 § 1. Formerly RCW 28A.58.800.] 28A.180.010 Additional notes found at www.leg.wa.gov 28A.180.010 Short title—Purpose. (Effective September 1, 2011.) RCW 28A.180.010 through 28A.180.080 shall be known and cited as "the transitional bilingual instruction act." The legislature finds that there are large numbers of children who come from homes where the primary language is other than English. The legislature finds that a transitional bilingual education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW 28A.180.010 through 28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools. [2009 c 548 § 704; 1990 c 33 § 163; 1984 c 124 § 1; 1979 c 95 § 1. Formerly RCW 28A.58.800.] 28A.180.010 Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.180.020 Annual report by superintendent of public instruction. The superintendent of public instruction shall review annually the transitional bilingual instruction program and shall submit a report of such review to the legislature on or before January 1 of each year. [1984 c 124 § 8. Formerly RCW 28A.58.801.] 28A.180.020 28A.180.030 Definitions. As used throughout this chapter, unless the context clearly indicates otherwise: (1) "Transitional bilingual instruction" means: (a) A system of instruction which uses two languages, one of which is English, as a means of instruction to build upon and expand language skills to enable the pupil to achieve competency in English. Concepts and information are introduced in the primary language and reinforced in the second language: PROVIDED, That the program shall include testing in the subject matter in English; or (b) In those cases in which the use of two languages is not practicable as established by the superintendent of public instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a 28A.180.030 (2010 Ed.) Transitional Bilingual Instruction Program second language and is designed to enable the pupil to achieve competency in English. (2) "Primary language" means the language most often used by the student for communication in his/her home. (3) "Eligible pupil" means any enrollee of the school district whose primary language is other than English and whose English language skills are sufficiently deficient or absent to impair learning. [2001 1st sp.s. c 6 § 3; 1990 c 33 § 164; 1984 c 124 § 2; 1979 c 95 § 2. Formerly RCW 28A.58.802.] Additional notes found at www.leg.wa.gov 28A.180.040 School board duties. (1) Every school district board of directors shall: (a) Make available to each eligible pupil transitional bilingual instruction to achieve competency in English, in accord with rules of the superintendent of public instruction; (b) Wherever feasible, ensure that communications to parents emanating from the schools shall be appropriately bilingual for those parents of pupils in the bilingual instruction program; (c) Determine, by administration of an English test approved by the superintendent of public instruction the number of eligible pupils enrolled in the school district at the beginning of a school year and thereafter during the year as necessary in individual cases; (d) Ensure that a student who is a child of a military family in transition and who has been assessed as in need of, or enrolled in, a bilingual instruction program, the receiving school shall initially honor placement of the student into a like program. (i) The receiving school shall determine whether the district’s program is a like program when compared to the sending school’s program; and (ii) The receiving school may conduct subsequent assessments pursuant to RCW 28A.180.090 to determine appropriate placement and continued enrollment in the program; (e) Before the conclusion of each school year, measure each eligible pupil’s improvement in learning the English language by means of a test approved by the superintendent of public instruction; and (f) Provide in-service training for teachers, counselors, and other staff, who are involved in the district’s transitional bilingual program. Such training shall include appropriate instructional strategies for children of culturally different backgrounds, use of curriculum materials, and program models. (2) The definitions in Article II of RCW 28A.705.010 apply to subsection (1)(d) of this section. [2009 c 380 § 5; 2001 1st sp.s. c 6 § 4; 1984 c 124 § 3; 1979 c 95 § 3. Formerly RCW 28A.58.804.] 28A.180.040 Additional notes found at www.leg.wa.gov 28A.180.060 Guidelines and rules. The superintendent of public instruction shall: (1) Promulgate and issue program development guidelines to assist school districts in preparing their programs; (2) Promulgate rules for implementation of RCW 28A.180.010 through 28A.180.080 in accordance with chapter 34.05 RCW. The rules shall be designed to maximize the 28A.180.060 (2010 Ed.) 28A.180.090 role of school districts in selecting programs appropriate to meet the needs of eligible students. The rules shall identify the process and criteria to be used to determine when a student is no longer eligible for transitional bilingual instruction pursuant to RCW 28A.180.010 through 28A.180.080. [1990 c 33 § 165; 1984 c 124 § 5; 1979 c 95 § 5. Formerly RCW 28A.58.808.] Additional notes found at www.leg.wa.gov 28A.180.080 Budget requests—Allocation of moneys—English language skills test. (Effective until September 1, 2011.) The superintendent of public instruction shall prepare and submit biennially to the governor and the legislature a budget request for bilingual instruction programs. Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program; priorities for funding shall exist for the early elementary grades. No moneys shall be allocated pursuant to this section to fund more than three school years of bilingual instruction for each eligible pupil within a district: PROVIDED, That such moneys may be allocated to fund more than three school years of bilingual instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English. The superintendent of public instruction shall set standards and approve a test for the measurement of such English language skills. [1995 c 335 § 601; 1990 c 33 § 167; 1979 c 95 § 6. Formerly RCW 28A.58.810.] 28A.180.080 Additional notes found at www.leg.wa.gov 28A.180.080 Allocation of moneys for bilingual instruction program. (Effective September 1, 2011.) Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program. [2009 c 548 § 705; 1995 c 335 § 601; 1990 c 33 § 167; 1979 c 95 § 6. Formerly RCW 28A.58.810.] 28A.180.080 Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.180.090 Evaluation system—Report to the legislature. The superintendent of public instruction shall develop an evaluation system designed to measure increases in the English and academic proficiency of eligible pupils. When developing the system, the superintendent shall: (1) Require school districts to assess potentially eligible pupils within ten days of registration using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district; (2) Require school districts to annually assess all eligible pupils at the end of the school year using an English profi28A.180.090 [Title 28A RCW—page 47] 28A.180.100 Title 28A RCW: Common School Provisions ciency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district; (3) Develop a system to evaluate increases in the English and academic proficiency of students who are, or were, eligible pupils. This evaluation shall include students when they are in the program and after they exit the program until they finish their K-12 career or transfer from the school district. The purpose of the evaluation system is to inform schools, school districts, parents, and the state of the effectiveness of the transitional bilingual programs in school and school districts in teaching these students English and other content areas, such as mathematics and writing; and (4) Report to the education and fiscal committees of the legislature by November 1, 2002, regarding the development of the systems described in this section and a timeline for the full implementation of those systems. The legislature shall approve and provide funding for the evaluation system in subsection (3) of this section before any implementation of the system developed under subsection (3) of this section may occur. [2001 1st sp.s. c 6 § 2.] ter, the superintendent of public instruction shall carry out a program for highly capable students. Such program may include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, providing statewide staff development, and allocating to school districts supplementary funds for additional costs of district programs, as provided by RCW 28A.185.020. [1984 c 278 § 12. Formerly RCW 28A.16.040.] 28A.180.100 Continuing education plan for older students. The office of the superintendent of public instruction and the state board for community and technical colleges shall jointly develop a program plan to provide a continuing education option for students who are eligible for the state transitional bilingual instruction program and who need more time to develop language proficiency but who are more ageappropriately suited for a postsecondary learning environment than for a high school. In developing the plan, the superintendent of public instruction shall consider options to formally recognize the accomplishments of students in the state transitional bilingual instruction program who have completed the twelfth grade but have not earned a certificate of academic achievement. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and any resources necessary to implement the plan. [2004 c 19 § 105.] Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. 28A.180.100 Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. Chapter 28A.185 Chapter 28A.185 RCW HIGHLY CAPABLE STUDENTS Sections 28A.185.010 Program—Duties of superintendent of public instruction. 28A.185.020 Funding. 28A.185.030 Programs—Authority of local school districts—Selection of students. 28A.185.040 Contracts with University of Washington for education of highly capable students at early entrance program or transition school—Allocation of funds—Rules. 28A.185.050 Program review and monitoring—Reports to the legislature—Rules. 28A.185.010 Program—Duties of superintendent of public instruction. (Effective until September 1, 2011.) Pursuant to rules and regulations adopted by the superintendent of public instruction for the administration of this chap28A.185.010 [Title 28A RCW—page 48] Additional notes found at www.leg.wa.gov 28A.185.010 Program—Duties of superintendent of public instruction. (Effective September 1, 2011.) Pursuant to rules adopted by the superintendent of public instruction for the administration of this chapter, the superintendent of public instruction shall carry out a program for highly capable students. Such program may include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, providing statewide staff development, and allocating to school districts supplementary funds for additional costs of district programs, as provided by RCW 28A.150.260. [2009 c 548 § 707; 1984 c 278 § 12. Formerly RCW 28A.16.040.] 28A.185.010 Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.185.020 Funding. (Effective until September 1, 2011.) Supplementary funds as may be provided by the state for this program, in accordance with RCW 28A.150.370, shall be categorical funding on an excess cost basis based upon a per student amount not to exceed three percent of any district’s full-time equivalent enrollment. [1990 c 33 § 168; 1984 c 278 § 14. Formerly RCW 28A.16.050.] 28A.185.020 Additional notes found at www.leg.wa.gov 28A.185.020 Funding. (Effective September 1, 2011.) (1) The legislature finds that, for highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. There are multiple definitions of highly capable, from intellectual to academic to artistic. The research literature strongly supports using multiple criteria to identify highly capable students, and therefore, the legislature does not intend to prescribe a single method. Instead, the legislature intends to allocate funding based on two and three hundred fourteen one-thousandths percent of each school district’s population and authorize school districts to identify through the use of multiple, objective criteria those students most highly capable and eligible to receive accelerated learning and enhanced instruction in the program offered by the district. Access to accelerated learning and enhanced instruction through the program for highly capable students does not constitute an individual entitlement for any particular student. (2) Supplementary funds provided by the state for the program for highly capable students under RCW 28A.150.260 shall be categorical funding to provide services 28A.185.020 (2010 Ed.) Highly Capable Students to highly capable students as determined by a school district under RCW 28A.185.030. [2009 c 548 § 708; 1990 c 33 § 168; 1984 c 278 § 14. Formerly RCW 28A.16.050.] Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Additional notes found at www.leg.wa.gov 28A.185.030 Programs—Authority of local school districts—Selection of students. Local school districts may establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education. Local school districts which establish and operate programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows: (1) In accordance with rules adopted by the superintendent of public instruction, school districts shall implement procedures for nomination, assessment and selection of their most highly capable students. Nominations shall be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be based upon a review of each student’s capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student’s unique needs and capabilities. Selection shall be made by a broadly based committee of professionals, after consideration of the results of the multiple criteria assessment. (2) When a student, who is a child of a military family in transition, has been assessed or enrolled as highly capable by a sending school, the receiving school shall initially honor placement of the student into a like program. (a) The receiving school shall determine whether the district’s program is a like program when compared to the sending school’s program; and (b) The receiving school may conduct subsequent assessments to determine appropriate placement and continued enrollment in the program. (3) Students selected pursuant to procedures outlined in this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student’s unique needs and capabilities and the limits of the resources and program options available to the district, including those options which can be developed or provided by using funds allocated by the superintendent of public instruction for that purpose. (4) The definitions in Article II of RCW 28A.705.010 apply to subsection (2) of this section. [2009 c 380 § 4; 1984 c 278 § 13. Formerly RCW 28A.16.060.] 28A.185.030 Additional notes found at www.leg.wa.gov 28A.185.040 Contracts with University of Washington for education of highly capable students at early entrance program or transition school—Allocation of funds—Rules. (1) The superintendent of public instruction shall contract with the University of Washington for the edu28A.185.040 (2010 Ed.) 28A.185.050 cation of highly capable students below eighteen years of age who are admitted or enrolled at such early entrance program or transition school as are now or hereafter established and maintained by the University of Washington. (2) The superintendent of public instruction shall allocate directly to the University of Washington all of the state basic education allocation moneys, state categorical moneys excepting categorical moneys provided for the highly capable students program under RCW 28A.185.010 through 28A.185.030, and federal moneys generated by a student while attending an early entrance program or transition school at the University of Washington. The allocations shall be according to each student’s school district of residence. The expenditure of such moneys shall be limited to selection of students, precollege instruction, special advising, and related activities necessary for the support of students while attending a transition school or early entrance program at the University of Washington. Such allocations may be supplemented with such additional payments by other parties as necessary to cover the actual and full costs of such instruction and other activities. (3) The provisions of subsections (1) and (2) of this section shall apply during the first three years a student is attending a transition school or early entrance program at the University of Washington or through the academic school year in which the student turns eighteen, whichever occurs first. No more than thirty students shall be admitted and enrolled in the transition school at the University of Washington in any one year. (4) The superintendent of public instruction shall adopt or amend rules pursuant to chapter 34.05 RCW implementing subsection (2) of this section before August 31, 1989. [1990 c 33 § 169; 1989 c 233 § 9; 1987 c 518 § 222. Formerly RCW 28A.58.217.] Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Additional notes found at www.leg.wa.gov 28A.185.050 28A.185.050 Program review and monitoring— Reports to the legislature—Rules. In order to ensure that school districts are meeting the requirements of an approved program for highly capable students, the superintendent of public instruction shall monitor highly capable programs at least once every five years. Monitoring shall begin during the 2002-03 school year. Any program review and monitoring under this section may be conducted concurrently with other program reviews and monitoring conducted by the office of the superintendent of public instruction. In its review, the office shall monitor program components that include but need not be limited to the process used by the district to identify and reach out to highly capable students with diverse talents and from diverse backgrounds, assessment data and other indicators to determine how well the district is meeting the academic needs of highly capable students, and district expenditures used to enrich or expand opportunities for these students. Beginning June 30, 2003, and every five years thereafter, the office of the superintendent of public instruction shall submit a report to the education committees of the house of representatives and the senate that provides a brief descrip[Title 28A RCW—page 49] Chapter 28A.190 Title 28A RCW: Common School Provisions tion of the various instructional programs offered to highly capable students. The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section. [2002 c 234 § 1.] Chapter 28A.190 RCW RESIDENTIAL EDUCATION PROGRAMS Chapter 28A.190 ment of social and health services for the diagnosis, confinement and rehabilitation of juveniles committed by the courts or for the care and treatment of persons who are exceptional in their needs by reason of mental and/or physical deficiency: PROVIDED, That the term shall not include the state schools for the deaf and blind or adult correctional institutions. [1990 c 33 § 1 7 1; 1 9 79 e x. s. c 2 17 § 1 . Fo rm e r ly R CW 28A.58.770.] Additional notes found at www.leg.wa.gov Sections 28A.190.030 Educational programs for residential school residents—School district to conduct—Scope of duties and authority. Each school district within which there is located a residential school shall, singly or in concert with another school district pursuant to RCW 28A.335.160 and 28A.225.250 or pursuant to chapter 39.34 RCW, conduct a program of education, including related student activities, for residents of the residential school. Except as otherwise provided for by contract pursuant to RCW 28A.190.050, the duties and authority of a school district and its employees to conduct such a program shall be limited to the following: (1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons, deemed necessary by the school district for the conduct of the program of education; (2) The purchase, lease or rental and provision of textbooks, maps, audio-visual equipment, paper, writing instruments, physical education equipment and other instructional equipment, materials and supplies, deemed necessary by the school district for the conduct of the program of education; (3) The development and implementation, in consultation with the superintendent or chief administrator of the residential school or his or her designee, of the curriculum; (4) The conduct of a program of education, including related student activities, for residents who are three years of age and less than twenty-one years of age, and have not met high school graduation requirements as now or hereafter established by the state board of education and the school district which includes: (a) Not less than one hundred and eighty school days each school year; (b) Special education pursuant to RCW 28A.155.010 through 28A.155.100, and vocational education, as necessary to address the unique needs and limitations of residents; and (c) Such courses of instruction and school related student activities as are provided by the school district for nonresidential school students to the extent it is practical and judged appropriate for the residents by the school district after consultation with the superintendent or chief administrator of the residential school: PROVIDED, That a preschool special education program may be provided for residential school students with disabilities; (5) The control of students while participating in a program of education conducted pursuant to this section and the discipline, suspension or expulsion of students for violation of reasonable rules of conduct adopted by the school district; and (6) The expenditure of funds for the direct and indirect costs of maintaining and operating the program of education that are appropriated by the legislature and allocated by the 28A.190.030 28A.190.010 Educational program for juveniles in detention facilities. 28A.190.020 Educational programs for residential school residents—"Residential school" defined. 28A.190.030 Educational programs for residential school residents— School district to conduct—Scope of duties and authority. 28A.190.040 Educational programs for residential school residents— Duties and authority of DSHS and residential school superintendent. 28A.190.050 Educational programs for residential school residents—Contracts between school district and DSHS—Scope. 28A.190.060 Educational programs for residential school residents— DSHS to give notice when need for reduction of staff— Liability upon failure. 28A.190.010 Educational program for juveniles in detention facilities. A program of education shall be provided for by the department of social and health services and the several school districts of the state for common school age persons who have been admitted to facilities staffed and maintained or contracted pursuant to RCW 13.40.320 by the department of social and health services for the education and treatment of juveniles who have been diverted or who have been found to have committed a juvenile offense. The division of duties, authority, and liabilities of the department of social and health services and the several school districts of the state respecting the educational programs shall be the same in all respects as set forth in RCW 28A.190.030 through 28A.190.060 respecting programs of education for state residential school residents. For the purposes of this section, the term "residential school" or "schools" as used in RCW 28A.190.030 through 28A.190.060 shall be construed to mean a facility staffed and maintained by the department of social and health services or a program established under RCW 13.40.320, for the education and treatment of juvenile offenders on probation or parole. Nothing in this section shall prohibit a school district from utilizing the services of an educational service district subject to RCW 28A.310.180. [1996 c 84 § 1; 1990 c 33 § 170; 1983 c 98 § 3. Formerly RCW 28A.58.765.] 28A.190.010 Juvenile facilities, educational programs: RCW 13.04.145. 28A.190.020 Educational programs for residential school residents—"Residential school" defined. The term "residential school" as used in RCW 28A.190.020 through 28A.190.060, 72.01.200, 72.05.010 and 72.05.130, each as now or hereafter amended, shall mean Green Hill school, Maple Lane school, Naselle Youth Camp, Cedar Creek Youth Camp, Mission Creek Youth Camp, Echo Glen, Lakeland Village, Rainier school, Yakima Valley school, Interlake school, Fircrest school, Francis Haddon Morgan Center, the Child Study and Treatment Center and Secondary School of Western State Hospital, and such other schools, camps, and centers as are now or hereafter established by the depart28A.190.020 [Title 28A RCW—page 50] (2010 Ed.) Education Programs for Juvenile Inmates superintendent of public instruction for the exclusive purpose of maintaining and operating residential school programs of education, and funds from federal and private grants, bequests and gifts made for the purpose of maintaining and operating the program of education. [1995 c 77 § 19; 1990 c 33 § 172; 1985 c 341 § 13; 1984 c 160 § 3; 1979 ex.s. c 217 § 2. Formerly RCW 28A.58.772.] Additional notes found at www.leg.wa.gov 28A.193.005 vices and its agents pursuant to RCW 28A.190.040: PROVIDED, That funds identified in RCW 28A.190.030(6) and/or funds provided by the department of social and health services are available to fully pay the direct and indirect costs of such additional duties and the district is otherwise authorized by law to perform such duties in connection with the maintenance and operation of a school district. [1990 c 33 § 174; 1979 ex.s. c 217 § 4. Formerly RCW 28A.58.776.] Additional notes found at www.leg.wa.gov 28A.190.040 Educational programs for residential school residents—Duties and authority of DSHS and residential school superintendent. The duties and authority of the department of social and health services and of each superintendent or chief administrator of a residential school to support each program of education conducted by a school district pursuant to RCW 28A.190.030, shall include the following: (1) The provision of transportation for residential school students to and from the sites of the program of education through the purchase, lease or rental of school buses and other vehicles as necessary; (2) The provision of safe and healthy building and playground space for the conduct of the program of education through the construction, purchase, lease or rental of such space as necessary; (3) The provision of furniture, vocational instruction machines and tools, building and playground fixtures, and other equipment and fixtures for the conduct of the program of education through construction, purchase, lease or rental as necessary; (4) The provision of heat, lights, telephones, janitorial services, repair services, and other support services for the vehicles, building and playground spaces, equipment and fixtures provided for in this section; (5) The employment, supervision and control of persons to transport students and to maintain the vehicles, building and playground spaces, equipment and fixtures, provided for in this section; (6) Clinical and medical evaluation services necessary to a determination by the school district of the educational needs of residential school students; and (7) Such other support services and facilities as are reasonably necessary for the conduct of the program of education. [1990 c 33 § 173; 1979 ex.s. c 217 § 3. Formerly RCW 28A.58.774.] 28A.190.040 Additional notes found at www.leg.wa.gov 28A.190.050 Educational programs for residential school residents—Contracts between school district and DSHS—Scope. Each school district required to conduct a program of education pursuant to RCW 28A.190.030, and the department of social and health services shall hereafter negotiate and execute a written contract for each school year or such longer period as may be agreed to which delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved. Any such contract may provide for the performance of duties by a school district in addition to those set forth in RCW 28A.190.030 (1) through (5), including duties imposed upon the department of social and health ser28A.190.050 (2010 Ed.) 28A.190.060 Educational programs for residential school residents—DSHS to give notice when need for reduction of staff—Liability upon failure. The department of social and health services shall provide written notice on or before April 15th of each school year to the superintendent of each school district conducting a program of education pursuant to RCW 28A.190.030 through 28A.190.050 of any foreseeable residential school closure, reduction in the number of residents, or any other cause for a reduction in the school district’s staff for the next school year. In the event the department of social and health services fails to provide notice as prescribed by this section, the department shall be liable and responsible for the payment of the salary and employment related costs for the next school year of each school district employee whose contract the school district would have nonrenewed but for the failure of the department to provide notice. [1990 c 33 § 175; 1979 ex.s. c 217 § 5. Formerly RCW 28A.58.778.] 28A.190.060 Additional notes found at www.leg.wa.gov Chapter 28A.193 Chapter 28A.193 RCW EDUCATION PROGRAMS FOR JUVENILE INMATES Sections 28A.193.005 Intent—Findings. 28A.193.010 Operation of program by school district or educational service district. 28A.193.020 Solicitation for education provider—Selection of provider— Operation of program by educational service district. 28A.193.030 Duties and authority of education provider—Continuation in program by students age eighteen. 28A.193.040 Education providers—Additional authority and limitations. 28A.193.050 Required support of education programs. 28A.193.060 Contract between education providers and department of corrections. 28A.193.070 Education site closures or reduction in services—Notice to the superintendent of public instruction and education providers—Liability for failure to provide notice—Alternative dispute resolution. 28A.193.080 Allocation of money—Accountability requirements—Rules. 28A.193.900 Effective date—1998 c 244 §§ 1-9 and 11-15. 28A.193.901 Severability—1998 c 244. 28A.193.005 Intent—Findings. The legislature intends to provide for the operation of education programs for the department of corrections’ juvenile inmates. School districts, educational service districts, or any combination thereof should be the primary providers of the education programs. However, the legislature does not intend to preclude community and technical colleges, four-year institutions of higher education, or other qualified entities from contracting to provide all or part of these education programs if no school district or educational service district is willing to operate all or part of the education programs. 28A.193.005 [Title 28A RCW—page 51] 28A.193.010 Title 28A RCW: Common School Provisions The legislature finds that this chapter fully satisfies any constitutional duty to provide education programs for juvenile inmates in adult correctional facilities. The legislature further finds that biennial appropriations for education programs under this chapter amply provide for any constitutional duty to educate juvenile inmates in adult correctional facilities. [1998 c 244 § 1.] 28A.193.010 28A.193.010 Operation of program by school district or educational service district. Any school district or educational service district may operate all or any portion of an education program for juveniles in accordance with this chapter, notwithstanding the fact the services or benefits provided extend beyond the geographic boundaries of the school district or educational service district providing the service. [1998 c 244 § 2.] 28A.193.020 28A.193.020 Solicitation for education provider— Selection of provider—Operation of program by educational service district. The superintendent of public instruction shall solicit an education provider for the department of corrections’ juvenile inmates within sixty days as follows: (1) The superintendent of public instruction shall notify and solicit proposals from all interested and capable school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof. The notice shall describe the proposed education program’s requirements and the appropriated amount. The selection of an education provider shall be in the following order: (a) The school district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has first priority to operate an education program for inmates at that site. The district may elect to operate an education program by itself or with another school district, educational service district, institution of higher education, private contractor, or any combination thereof. If the school district elects not to exercise its priority, it shall notify the superintendent of public instruction within thirty calendar days of the day of solicitation. (b) The educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections has second priority to operate an education program for inmates at that site. The educational service district may elect to do so by itself or with a school district, another educational service district, institution of higher education, private contractor, or any combination thereof. If the educational service district elects not to exercise its priority, it shall notify the superintendent of public instruction within forty-five calendar days of the day of solicitation. (c) If neither the school district nor the educational service district chooses to operate an education program for inmates as provided for in (a) and (b) of this subsection, the superintendent of public instruction may contract with an entity, including, but not limited to, school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof, within sixty calendar days of the day of solicitation. The selected entity may operate an education program by itself or with another school [Title 28A RCW—page 52] district, educational service district, institution of higher education, or private contractor, or any combination thereof. (2) If the superintendent of public instruction does not contract with an interested entity within sixty days of the day of solicitation, the educational service district where there is an educational site for juveniles in an adult correctional facility maintained by the state department of corrections shall begin operating the education program for inmates at the site within ninety days from the day of solicitation in subsection (1) of this section. [1998 c 244 § 3.] 28A.193.030 28A.193.030 Duties and authority of education provider—Continuation in program by students age eighteen. Except as otherwise provided for by contract under RCW 28A.193.060, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs under this chapter are limited to the following: (1) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security clearance by the department of corrections; (2) Purchasing, leasing, or renting and providing textbooks, maps, audiovisual equipment, paper, writing instruments, physical education equipment, and other instructional equipment, materials, and supplies deemed necessary by the provider of the education programs; (3) Conducting education programs for inmates under the age of eighteen in accordance with program standards established by the superintendent of public instruction. The education provider shall develop the curricula, instructional methods, and educational objectives of the education programs, subject to applicable requirements of state and federal law. The department of corrections shall establish behavior standards that govern inmate participation in education programs, subject to applicable requirements of state and federal law; (4) Students age eighteen who have participated in an education program governed by this chapter may continue in the program with the permission of the department of corrections and the education provider, under the rules adopted by the superintendent of public instruction. [1998 c 244 § 4.] 28A.193.040 28A.193.040 Education providers—Additional authority and limitations. School districts and educational service districts providing an education program to juvenile inmates in an adult corrections [correctional] facility, notwithstanding that their geographical boundaries do not include the facility, may: (1) Award appropriate diplomas or certificates to inmates who successfully complete graduation requirements; (2) Spend only funds appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs under this chapter, including direct and indirect costs of maintaining and operating the education programs, and funds from federal and private grants, bequests, and gifts made for that purpose. School districts may not expend excess tax levy proceeds authorized for school district pur(2010 Ed.) Education Programs for Juveniles in Adult Jails poses to pay costs incurred under this chapter. [1998 c 244 § 5.] 28A.193.050 Required support of education programs. To support each education program under this chapter, the department of corrections and each superintendent or chief administrator of a correction facility shall: (1) Through construction, lease, or rental of space, provide necessary building and exercise spaces for the education program that is secure, separate, and apart from space occupied by nonstudent inmates; (2) Through construction, lease, or rental, provide vocational instruction machines; technology and supporting equipment; tools, building, and exercise facilities; and other equipment and fixtures deemed necessary by the department of corrections to conduct the education program; (3) Provide heat, lights, telephone, janitorial services, repair services, and other support services for the building and exercise spaces, equipment, and fixtures provided under this section; (4) Employ, supervise, and control security staff to safeguard agents of the education providers and inmates while engaged in educational and related activities conducted under this chapter; (5) Provide clinical and medical evaluation services necessary for a determination by the education provider of the educational needs of inmates; and (6) Provide such other support services and facilities as are reasonably necessary to conduct the education program. [1998 c 244 § 6.] 28A.193.050 28A.193.060 Contract between education providers and department of corrections. Each education provider under this chapter and the department of corrections shall negotiate and execute a written contract for each school year or such longer period as may be agreed to that delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved through mediation, and if necessary, arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those set forth in this chapter, including duties imposed upon the department of corrections and its agents under RCW 28A.193.050 if supplemental funding provided by the department of corrections is available to fully pay the direct and indirect costs of these additional duties. [1998 c 244 § 7.] 28A.193.060 28A.193.070 Education site closures or reduction in services—Notice to the superintendent of public instruction and education providers—Liability for failure to provide notice—Alternative dispute resolution. By April 15th of each school year, the department of corrections shall provide written notice to the superintendent of public instruction and education providers operating programs under this chapter of any reasonably foreseeable education site closures, reductions in the number of inmates or education services, or any other cause for a reduction in certificated or classified staff the next school year. In the event the department of corrections fails to provide notice as required by this section, the department is liable and responsible for the payment of the 28A.193.070 (2010 Ed.) 28A.194.005 salary and employment-related costs for the next school year of each employee whose contract would or could have been nonrenewed but for the failure of the department to provide notice. Disputes arising under this section shall be resolved in accordance with the alternative dispute resolution method or methods specified in the contract required by RCW 28A.193.060. [1998 c 244 § 8.] 28A.193.080 Allocation of money—Accountability requirements—Rules. The superintendent of public instruction shall: (1) Allocate money appropriated by the legislature to administer and provide education programs under this chapter to school districts, educational service districts, and other education providers selected under RCW 28A.193.020 that have assumed the primary responsibility to administer and provide education programs under this chapter. The allocation of moneys to any private contractor is contingent upon and must be in accordance with a contract between the private contractor and the department of corrections; and (2) Adopt rules in accordance with chapter 34.05 RCW that establish reporting, program compliance, audit, and such other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the biennial operating act effectively. [1998 c 244 § 9.] 28A.193.080 28A.193.900 Effective date—1998 c 244 §§ 1-9 and 11-15. Sections 1 through 9 and 11 through 15 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 30, 1998]. [1998 c 244 § 17.] 28A.193.900 28A.193.901 Severability—1998 c 244. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1998 c 244 § 19.] 28A.193.901 Chapter 28A.194 RCW EDUCATION PROGRAMS FOR JUVENILES IN ADULT JAILS Chapter 28A.194 Sections 28A.194.005 28A.194.010 28A.194.020 28A.194.030 28A.194.040 28A.194.050 28A.194.060 28A.194.070 Intent—Findings. Education programs for juveniles in adult jails. Definition. Duties and authority of education provider. School districts—Additional authority and limitation. Duties of jail facility superintendent or chief administrator. Contract between education providers and adult jail facilities. Instructional service plans—Notice of closure of facility or unavailability of facility for juveniles. 28A.194.080 Allocation of money—Accountability requirements—Rules. 28A.194.900 Severability—2010 c 226. 28A.194.005 Intent—Findings. The legislature intends to provide for the operation of education programs for juvenile inmates incarcerated in adult jails. The legislature finds that this chapter fully satisfies any constitutional duty to provide education programs for juvenile inmates in adult jails. The legislature further finds that biennial appropriations for education programs under this 28A.194.005 [Title 28A RCW—page 53] 28A.194.010 Title 28A RCW: Common School Provisions chapter amply provide for any constitutional duty to educate juvenile inmates in adult jails. [2010 c 226 § 1.] 28A.194.010 28A.194.010 Education programs for juveniles in adult jails. A program of education shall be made available for juvenile inmates by adult jail facilities and the several school districts of the state for persons under the age of eighteen years who have been incarcerated in any adult jail facilities operated under the authority of chapter 70.48 RCW. Each school district within which there is located an adult jail facility shall, singly or in concert with another school district pursuant to RCW 28A.335.160 and 28A.225.250 or chapter 39.34 RCW, conduct a program of education, including related student activities for inmates in adult jail facilities. School districts are not precluded from contracting with educational service districts, community and technical colleges, four-year institutions of higher education, or other qualified entities to provide all or part of these education programs. The division of duties, authority, and liabilities of the adult jail facilities and the several school districts of the state respecting the educational programs shall be as provided for in this chapter with regard to programs for juveniles in adult jail facilities. [2010 c 226 § 2.] 28A.194.020 28A.194.020 Definition. As used in this chapter, "adult jail facility" means an adult jail operated under the authority of chapter 70.48 RCW. [2010 c 226 § 3.] 28A.194.030 28A.194.030 Duties and authority of education provider. (1) Except as otherwise provided for by contract under RCW 28A.194.060, the duties and authority of a school district, educational service district, institution of higher education, or private contractor to provide for education programs under this chapter include: (a) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons necessary to conduct education programs, subject to security clearance by the adult jail facilities; (b) Purchasing, leasing, renting, or providing textbooks, maps, audiovisual equipment paper, writing instruments, physical education equipment, and other instructional equipment, materials, and supplies deemed necessary by the provider of the education programs; (c) Conducting education programs for inmates under the age of eighteen in accordance with program standards established by the superintendent of public instruction; (d) Expending funds for the direct and indirect costs of maintaining and operating the program of education that are appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs for juvenile inmates incarcerated in adult jail facilities, in addition to funds from federal and private grants, and bequests, and gifts made for the purpose of maintaining and operating the program of education; and (e) Providing educational services to juvenile inmates within five school days of receiving notification from an adult jail facility within the district’s boundaries that an individual under the age of eighteen has been incarcerated. [Title 28A RCW—page 54] (2) The school district, educational service district, institution of higher education, or private contractor shall develop the curricula, instruction methods, and educational objectives of the education programs, subject to applicable requirements of state and federal law. For inmates who are under the age of eighteen when they commence the program and who have not met high school graduation requirements, such courses of instruction and school-related student activities as are provided by the school district for students outside of adult jail facilities shall be provided by the school district for students in adult jail facilities, to the extent that it is practical and judged appropriate by the school district and the administrator of the adult jail facility. [2010 c 226 § 4.] 28A.194.040 School districts—Additional authority and limitation. School districts providing an education program to juvenile inmates in an adult jail facility may: (1) Award appropriate diplomas or certificates to juvenile inmates who successfully complete graduation requirements; (2) Allow students eighteen years of age who have participated in an education program under this chapter to continue in the program, under rules adopted by the superintendent of public instruction; and (3) Spend only funds appropriated by the legislature and allocated by the superintendent of public instruction for the exclusive purpose of maintaining and operating education programs under this chapter, including direct and indirect costs of maintaining and operating the education programs, and funds from federal and private grants, bequests, and gifts made for that purpose. School districts may not expend excess tax levy proceeds authorized for school district purposes to pay costs incurred under this chapter. [2010 c 226 § 5.] 28A.194.040 28A.194.050 Duties of jail facility superintendent or chief administrator. To support each education program under this chapter, the adult jail facility and each superintendent or chief administrator of an adult jail facility shall: (1) Provide necessary access to existing instructional and exercise spaces for the education program that are safe and secure; (2) Provide equipment deemed necessary by the adult jail facility to conduct the education program; (3) Maintain a clean and appropriate classroom environment that is sufficient to meet the program requirements and consistent with security conditions; (4) Provide appropriate supervision of juvenile inmates consistent with security conditions to safeguard agents of the education providers and juvenile inmates while engaged in educational and related activities conducted under this chapter; (5) Provide such other support services and facilities deemed necessary by the adult jail facilities to conduct the education program; (6) Provide the available medical and mental health records necessary to a determination by the school district of the educational needs of the juvenile inmate; and (7) Notify the school district within which the adult jail facility resides within five school days that an eligible juve28A.194.050 (2010 Ed.) Private Schools nile inmate has been incarcerated in the adult jail facility. [2010 c 226 § 6.] 28A.194.060 Contract between education providers and adult jail facilities. Each education provider under this chapter and the adult jail facility shall negotiate and execute a written contract for each school year, or such longer period as may be agreed to, that delineates the manner in which their respective duties and authority will be cooperatively performed and exercised, and any disputes and grievances resolved through mediation, and if necessary, arbitration. Any such contract may provide for the performance of duties by an education provider in addition to those in this chapter, including duties imposed upon the adult jail facility and its agents under RCW 28A.194.050, if supplemental funding is available to fully pay the direct and indirect costs of these additional duties. [2010 c 226 § 7.] 28A.194.060 28A.194.070 Instructional service plans—Notice of closure of facility or unavailability of facility for juveniles. (1) By September 30, 2010, districts must, in coordination with adult jail facilities residing within their boundaries, submit an instructional service plan to the office of the superintendent of public instruction. Service plans must meet requirements stipulated in the rules developed in accordance with RCW 28A.194.080, provided that (a) the rules shall not govern requirements regarding security within the jail facility nor the physical facility of the adult jail, including but not limited to, the classroom space chosen for instruction, and (b) any excess costs to the jails associated with implementing rules shall be negotiated pursuant to the contractual agreements between the education provider and adult jail facility. (2) Once districts have submitted a plan to the office of the superintendent of public instruction, districts are not required to resubmit their plans unless either districts or adult jail facilities initiate a significant change to their plans. (3) An adult jail facility shall notify the office of the superintendent of public instruction as soon as practicable upon the closure of any adult jail facility or upon the adoption of a policy that no juvenile shall be held in the adult jail facility. [2010 c 226 § 8.] 28A.194.070 28A.194.080 Allocation of money—Accountability requirements—Rules. The superintendent of public instruction shall: (1) Allocate money appropriated by the legislature to administer and provide education programs under this chapter to school districts that have assumed the primary responsibility to administer and provide education programs under this chapter or to the educational service district operating the program under contract; and (2) Adopt rules that apply to school districts and educational providers in accordance with chapter 34.05 RCW that establish reporting, program compliance, audit, and such other accountability requirements as are reasonably necessary to implement this chapter and related provisions of the omnibus appropriations act effectively. In adopting the rules pursuant to this subsection, the superintendent of public instruction shall collaborate with representatives from the Washington association of sheriffs and police chiefs and shall 28A.194.080 (2010 Ed.) 28A.195.010 attempt to negotiate rules that deliver the educational program in the most cost-effective manner while, to the extent practicable, not imposing additional costs on local jail facilities. [2010 c 226 § 9.] 28A.194.900 Severability—2010 c 226. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2010 c 226 § 11.] 28A.194.900 Chapter 28A.195 Chapter 28A.195 RCW PRIVATE SCHOOLS Sections 28A.195.010 28A.195.020 28A.195.030 28A.195.040 28A.195.050 28A.195.060 28A.195.070 28A.195.080 Private schools—Exemption from high school assessment requirements—Extension programs for parents to teach children in their custody. Private schools—Rights recognized. Private schools—Actions appealable under Administrative Procedure Act. Private schools—Board rules for enforcement—Racial segregation or discrimination prohibited. Private school advisory committee. Private schools must report attendance. Official transcript withholding—Transmittal of information. Record checks—Findings—Authority to require. 28A.195.010 Private schools—Exemption from high school assessment requirements—Extension programs for parents to teach children in their custody. The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided. Principals of private schools or superintendents of private school districts shall file each year with the state superintendent of public instruction a statement certifying that the minimum requirements hereinafter set forth are being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school districts of those deviations which must be corrected. In case of major deviations, the school or school district may request and the state board of education may grant provisional status for one year in order that the school or school district may take action to meet the requirements. The state board of education shall not require private school students to meet the student learning goals, obtain a certificate of academic achievement, or a certificate of individual achievement to graduate from high school, to master the essential academic learning requirements, or to be assessed pursuant to RCW 28A.655.061. However, private schools may choose, on a voluntary basis, to have their students master these essential academic learning requirements, take the assessments, and obtain a certificate of academic achievement or a certificate of individual achievement. Minimum requirements shall be as follows: (1) The minimum school year for instructional purposes shall consist of no less than one hundred eighty school days 28A.195.010 [Title 28A RCW—page 55] 28A.195.020 Title 28A RCW: Common School Provisions or the equivalent in annual minimum instructional hour offerings, with a school-wide annual average total instructional hour offering of one thousand hours for students enrolled in grades one through twelve, and at least four hundred fifty hours for students enrolled in kindergarten. (2) The school day shall be the same as defined in RCW 28A.150.203. (3) All classroom teachers shall hold appropriate Washington state certification except as follows: (a) Teachers for religious courses or courses for which no counterpart exists in public schools shall not be required to obtain a state certificate to teach those courses. (b) In exceptional cases, people of unusual competence but without certification may teach students so long as a certified person exercises general supervision. Annual written statements shall be submitted to the office of the superintendent of public instruction reporting and explaining such circumstances. (4) An approved private school may operate an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody. The extension program shall require at a minimum that: (a) The parent, guardian, or custodian be under the supervision of an employee of the approved private school who is certified under chapter 28A.410 RCW; (b) The planning by the certified person and the parent, guardian, or person having legal custody include objectives consistent with this subsection and subsections (1), (2), (5), (6), and (7) of this section; (c) The certified person spend a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the approved private school extension program; (d) Each student’s progress be evaluated by the certified person; and (e) The certified employee shall not supervise more than thirty students enrolled in the approved private school’s extension program. (5) Appropriate measures shall be taken to safeguard all permanent records against loss or damage. (6) The physical facilities of the school or district shall be adequate to meet the program offered by the school or district: PROVIDED, That each school building shall meet reasonable health and fire safety requirements. A residential dwelling of the parent, guardian, or custodian shall be deemed to be an adequate physical facility when a parent, guardian, or person having legal custody is instructing his or her child under subsection (4) of this section. (7) Private school curriculum shall include instruction of the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music, all in sufficient units for meeting state board of education graduation requirements. (8) Each school or school district shall be required to maintain up-to-date policy statements related to the administration and operation of the school or school district. All decisions of policy, philosophy, selection of books, teaching material, curriculum, except as in subsection (7) of this section provided, school rules and administration, or other matters not specifically referred to in this section, shall [Title 28A RCW—page 56] be the responsibility of the administration and administrators of the particular private school involved. [2009 c 548 § 303; 2004 c 19 § 106; 1993 c 336 § 1101; (1992 c 141 § 505 repealed by 1993 c 336 § 1102); 1990 c 33 § 176. Prior: 1985 c 441 § 4; 1985 c 16 § 1; 1983 c 56 § 1; 1977 ex.s. c 359 § 9; 1975 1st ex.s. c 275 § 71; 1974 ex.s. c 92 § 2. Formerly RCW 28A.02.201.] Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Authorization for private school students to ride buses—Conditions: RCW 28A.160.020. Basic Education Act, RCW 28A.195.010 as part of: RCW 28A.150.200. Commencement exercises—Lip reading instruction—Joint purchasing, including issuing interest bearing warrants—Budgets: RCW 28A.320.080. Home-based instruction: RCW 28A.200.010. Immunization program, private schools as affecting: RCW 28A.210.060 through 28A.210.170. Part-time students—Defined—Enrollment in public schools authorized: RCW 28A.150.350. Real property—Sale—Notice and hearing—Appraisal—Broker or real estate appraiser services—Real estate sales contracts—Limitation: RCW 28A.335.120. Surplus school property, rental, lease or use of—Authorized—Limitations: RCW 28A.335.040. Surplus texts and other educational aids, notice of availability—Student priority as to texts: RCW 28A.335.180. Additional notes found at www.leg.wa.gov 28A.195.020 Private schools—Rights recognized. The state recognizes the following rights of every private school: (1) To teach their religious beliefs and doctrines, if any; to pray in class and in assemblies; to teach patriotism including requiring students to salute the flag of the United States if that be the custom of the particular private school. (2) To require that there shall be on file the written consent of parents or guardians of students prior to the administration of any psychological test or the conduct of any type of group therapy. [1974 ex.s. c 92 § 3; 1971 ex.s. c 215 § 5. Formerly RCW 28A.02.220.] 28A.195.020 Additional notes found at www.leg.wa.gov 28A.195.030 Private schools—Actions appealable under Administrative Procedure Act. Any private school may appeal the actions of the state superintendent of public instruction or state board of education as provided in chapter 34.05 RCW. [1974 ex.s. c 92 § 4; 1971 ex.s. c 215 § 6. Formerly RCW 28A.02.230.] 28A.195.030 28A.195.040 Private schools—Board rules for enforcement—Racial segregation or discrimination prohibited. The state board of education shall promulgate rules 28A.195.040 (2010 Ed.) Home-Based Instruction and regulations for the enforcement of RCW 28A.195.010 through 28A.195.040, 28A.225.010, and 28A.305.130, including a provision which denies approval to any school engaging in a policy of racial segregation or discrimination. [1990 c 33 § 177; 1983 c 3 § 29; 1974 ex.s. c 92 § 5; 1971 ex.s. c 215 § 7. Formerly RCW 28A.02.240.] 28A.195.050 Private school advisory committee. The superintendent of public instruction is hereby directed to appoint a private school advisory committee that is broadly representative of educators, legislators, and various private school groups in the state of Washington. [1984 c 40 § 1; 1974 ex.s. c 92 § 6. Formerly RCW 28A.02.250.] 28A.195.050 28A.200.010 cant has undergone a record check as authorized under this section, additional record checks shall not be required unless required by other provisions of law. (2) The approved private school, the employee, or the applicant shall pay the costs associated with the record check authorized in this section. (3) Applicants may be employed on a conditional basis pending completion of the investigation. If the employee or applicant has had a record check within the previous two years, the approved private school or contractor may waive any record check required by the approved private school under subsection (1) of this section. [1999 c 187 § 1.] Additional notes found at www.leg.wa.gov Additional notes found at www.leg.wa.gov Chapter 28A.200 28A.195.060 Private schools must report attendance. It shall be the duty of the administrative or executive authority of every private school in this state to report to the educational service district superintendent on or before the thirtieth day of June in each year, on a form to be furnished, such information as may be required by the superintendent of public instruction, to make complete the records of education work pertaining to all children residing within the state. [1975 1st ex.s. c 275 § 70; 1969 ex.s. c 176 § 111; 1969 ex.s. c 223 § 28A.48.055. Prior: 1933 c 28 § 14; 1913 c 158 § 1; 1909 c 97 p 313 § 6; RRS § 4876. Formerly RCW 28A.48.055, 28.48.055, 28.27.020.] 28A.195.060 Additional notes found at www.leg.wa.gov 28A.195.070 Official transcript withholding—Transmittal of information. If a student who previously attended an approved private school enrolls in a public school but has not paid tuition, fees, or fines at the approved private school, the approved private school may withhold the student’s official transcript, but shall transmit information to the public school about the student’s academic performance, special placement, immunization records, and records of disciplinary action. [1997 c 266 § 5.] 28A.195.070 Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. 28A.195.080 Record checks—Findings—Authority to require. (1) The legislature finds additional safeguards are necessary to ensure safety of school children attending private schools in the state of Washington. Private schools approved under this chapter are authorized to require that employees who have regularly scheduled unsupervised access to children, whether current employees on May 5, 1999, or applicants for employment on or after May 5, 1999, undergo a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.838, 10.97.030, and 10.97.050 and through the federal bureau of investigation. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. Employees or applicants for employment who have completed a record check in accordance with RCW 28A.410.010 shall not be required to undergo a record check under this section. The superintendent of public instruction shall provide a copy of the record report to the employee or applicant. If an employee or appli28A.195.080 (2010 Ed.) Chapter 28A.200 RCW HOME-BASED INSTRUCTION Sections 28A.200.010 Home-based instruction—Duties of parents—Exemption from high school assessment requirements. 28A.200.020 Home-based instruction—Certain decisions responsibility of parent unless otherwise specified. 28A.200.010 Home-based instruction—Duties of parents—Exemption from high school assessment requirements. (1) Each parent whose child is receiving home-based instruction under RCW 28A.225.010(4) shall have the duty to: (a) File annually a signed declaration of intent that he or she is planning to cause his or her child to receive homebased instruction. The statement shall include the name and age of the child, shall specify whether a certificated person will be supervising the instruction, and shall be written in a format prescribed by the superintendent of public instruction. Each parent shall file the statement by September 15th of the school year or within two weeks of the beginning of any public school quarter, trimester, or semester with the superintendent of the public school district within which the parent resides or the district that accepts the transfer, and the student shall be deemed a transfer student of the nonresident district. Parents may apply for transfer under RCW 28A.225.220; (b) Ensure that test scores or annual academic progress assessments and immunization records, together with any other records that are kept relating to the instructional and educational activities provided, are forwarded to any other public or private school to which the child transfers. At the time of a transfer to a public school, the superintendent of the local school district in which the child enrolls may require a standardized achievement test to be administered and shall have the authority to determine the appropriate grade and course level placement of the child after consultation with parents and review of the child’s records; and (c) Ensure that a standardized achievement test approved by the state board of education is administered annually to the child by a qualified individual or that an annual assessment of the student’s academic progress is written by a certificated person who is currently working in the field of education. The state board of education shall not require these children to meet the student learning goals, master the essential academic learning requirements, to take the assessments, or to obtain a certificate of academic achievement or a certificate 28A.200.010 [Title 28A RCW—page 57] 28A.200.020 Title 28A RCW: Common School Provisions of individual achievement pursuant to RCW 28A.655.061 and 28A.155.045. The standardized test administered or the annual academic progress assessment written shall be made a part of the child’s permanent records. If, as a result of the annual test or assessment, it is determined that the child is not making reasonable progress consistent with his or her age or stage of development, the parent shall make a good faith effort to remedy any deficiency. (2) Failure of a parent to comply with the duties in this section shall be deemed a failure of such parent’s child to attend school without valid justification under RCW 28A.225.020. Parents who do comply with the duties set forth in this section shall be presumed to be providing homebased instruction as set forth in RCW 28A.225.010(4). [2004 c 19 § 107; 1995 c 52 § 1; 1993 c 336 § 1103; 1990 c 33 § 178; 1985 c 441 § 2. Formerly RCW 28A.27.310.] Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Part-time students—Defined—Enrollment in public schools authorized: RCW 28A.150.350. Private schools—Extension programs for parents to teach children in their custody: RCW 28A.195.010. Additional notes found at www.leg.wa.gov 28A.200.020 Home-based instruction—Certain decisions responsibility of parent unless otherwise specified. The state hereby recognizes that parents who are causing their children to receive home-based instruction under RCW 28A.225.010(4) shall be subject only to those minimum state laws and regulations which are necessary to insure that a sufficient basic educational opportunity is provided to the children receiving such instruction. Therefore, all decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and methods, timing, and place in the provision or evaluation of home-based instruction shall be the responsibility of the parent except for matters specifically referred to in this chapter. [1990 c 33 § 179; 1985 c 441 § 3. Formerly RCW 28A.27.320.] 28A.200.020 Additional notes found at www.leg.wa.gov Chapter 28A.205 Chapter 28A.205 RCW EDUCATION CENTERS (Formerly: Educational clinics) Sections 28A.205.010 28A.205.020 28A.205.030 28A.205.040 28A.205.050 28A.205.070 28A.205.080 28A.205.090 "Education center," "basic academic skills," defined—Certification as education center and withdrawal of certification. Common school dropouts—Reimbursement. Reentry of prior dropouts into common schools, rules—Eligibility for GED test. Fees—Rules—Priority for payment—Review of records. Rules. Allocation of funds—Criteria—Duties of superintendent. Legislative findings—Distribution of funds—Cooperation with school districts. Inclusion of education centers program in biennial budget request—Quarterly plans—Funds—Payment. 28A.205.010 "Education center," "basic academic skills," defined—Certification as education center and 28A.205.010 [Title 28A RCW—page 58] withdrawal of certification. (1) As used in this chapter, unless the context thereof shall clearly indicate to the contrary: "Education center" means any private school operated on a profit or nonprofit basis which does the following: (a) Is devoted to the teaching of basic academic skills, including specific attention to improvement of student motivation for achieving, and employment orientation. (b) Operates on a clinical, client centered basis. This shall include, but not be limited to, performing diagnosis of individual educational abilities, determination and setting of individual goals, prescribing and providing individual courses of instruction therefor, and evaluation of each individual client’s progress in his or her educational program. (c) Conducts courses of instruction by professionally trained personnel certificated by the Washington professional educator standards board according to rules adopted for the purposes of this chapter and providing, for certification purposes, that a year’s teaching experience in an education center shall be deemed equal to a year’s teaching experience in a common or private school. (2) For purposes of this chapter, basic academic skills shall include the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and shall not include courses deemed nonessential to the accrediting or the approval of private schools under RCW 28A.305.130. (3) The superintendent of public instruction shall certify an education center only upon application and (a) determination that such school comes within the definition thereof as set forth in subsection (1) of this section and (b) demonstration on the basis of actual educational performance of such applicants’ students which shows after consideration of their students’ backgrounds, educational gains that are a direct result of the applicants’ educational program. Such certification may be withdrawn if the superintendent finds that a center fails to provide adequate instruction in basic academic skills. No education center certified by the superintendent of public instruction pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050. [2006 c 263 § 408; 2005 c 497 § 214; 1999 c 348 § 2; 1993 c 211 § 1; 1990 c 33 § 180; 1983 c 3 § 38; 1977 ex.s. c 341 § 1. Formerly RCW 28A.97.010.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Intent—1999 c 348: "During 1997 and 1998, a committee of the state board of education reviewed all board rules and related authorizing statutes. Based on the findings and recommendations resulting from the review, the state board prepared a report to the legislature requesting action be taken. It is the intent of this act to implement recommendations of the state board of education." [1999 c 348 § 1.] Additional notes found at www.leg.wa.gov 28A.205.020 Common school dropouts—Reimbursement. Only eligible common school dropouts shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as provided in RCW 28A.205.040. A person is not an eligible common school 28A.205.020 (2010 Ed.) Education Centers dropout if: (1) The person has completed high school, (2) the person has not reached his or her twelfth birthday or has passed his or her twentieth birthday, (3) the person shows proficiency beyond the high school level in a test approved by the state board of education to be given as part of the initial diagnostic procedure, or (4) less than one month has passed after the person has dropped out of any common school and the education center has not received written verification from a school official of the common school last attended in this state that the person is no longer in attendance at the school. A person is an eligible common school dropout even if one month has not passed since the person dropped out if the board of directors or its designee, of that common school, requests the center to admit the person because the person has dropped out or because the person is unable to attend a particular common school because of disciplinary reasons, including suspension and/or expulsion. The fact that any person may be subject to RCW 28A.225.010 through 28A.225.140, 28A.200.010, and 28A.200.020 shall not affect his or her qualifications as an eligible common school dropout under this chapter. [1999 c 348 § 3; 1997 c 265 § 7; 1993 c 211 § 2; 1990 c 33 § 181; 1979 ex.s. c 174 § 1; 1977 ex.s. c 341 § 2. Formerly RCW 28A.97.020.] Intent—1999 c 348: See note following RCW 28A.205.010. Additional notes found at www.leg.wa.gov 28A.205.030 Reentry of prior dropouts into common schools, rules—Eligibility for GED test. The superintendent of public instruction shall adopt, by rules, policies and procedures to permit a prior common school dropout to reenter at the grade level appropriate to such individual’s ability: PROVIDED, That such individual shall be placed with the class he or she would be in had he or she not dropped out and graduate with that class, if the student’s ability so permits notwithstanding any loss of credits prior to reentry and if such student earns credits at the normal rate subsequent to reentry. Notwithstanding any other provision of law, any certified education center student sixteen years of age or older, upon completion of an individual student program, shall be eligible to take the general educational development test as given throughout the state. [1993 c 218 § 2; 1993 c 211 § 3; 1990 c 33 § 182; 1977 ex.s. c 341 § 3. Formerly RCW 28A.97.030.] 28A.205.030 Reviser’s note: This section was amended by 1993 c 211 § 3 and by 1993 c 218 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Additional notes found at www.leg.wa.gov 28A.205.040 Fees—Rules—Priority for payment— Review of records. (1)(a) From funds appropriated for that purpose, the superintendent of public instruction shall pay fees to a certified center on a monthly basis for each student enrolled in compliance with RCW 28A.205.020. The superintendent shall set fees by rule. (b) Revisions in such fees proposed by an education center shall become effective after thirty days notice unless the superintendent finds such a revision is unreasonable in which case the revision shall not take effect. The administration of 28A.205.040 (2010 Ed.) 28A.205.070 any general education development test shall not be a part of such initial diagnostic procedure. (c) Reimbursements shall not be made for students who are absent. (d) No center shall make any charge to any student, or the student’s parent, guardian or custodian, for whom a fee is being received under the provisions of this section. (2) Payments shall be made from available funds first to those centers that have in the judgment of the superintendent demonstrated superior performance based upon consideration of students’ educational gains taking into account such students’ backgrounds, and upon consideration of cost effectiveness. In considering the cost effectiveness of nonprofit centers the superintendent shall take into account not only payments made under this section but also factors such as tax exemptions, direct and indirect subsidies or any other cost to taxpayers at any level of government which result from such nonprofit status. (3) To be eligible for such payment, every such center, without prior notice, shall permit a review of its accounting records by personnel of the state auditor during normal business hours. (4) If total funds for this purpose approach depletion, the superintendent shall notify the centers of the date after which further funds for reimbursement of the centers’ services will be exhausted. [2006 c 263 § 412; 1999 c 348 § 4; 1990 c 33 § 183; 1979 ex.s. c 174 § 2; 1977 ex.s. c 341 § 4. Formerly RCW 28A.97.040.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—1999 c 348: See note following RCW 28A.205.010. Additional notes found at www.leg.wa.gov 28A.205.050 Rules. In accordance with chapter 34.05 RCW, the administrative procedure act, the Washington professional educator standards board with respect to the matter of certification, and the superintendent of public instruction with respect to all other matters, shall have the power and duty to make the necessary rules to carry out the purpose and intent of this chapter. [2005 c 497 § 215; 1995 c 335 § 201; 1993 c 211 § 4; 1990 c 33 § 184; 1977 ex.s. c 341 § 5. Formerly RCW 28A.97.050.] 28A.205.050 Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Additional notes found at www.leg.wa.gov 28A.205.070 Allocation of funds—Criteria—Duties of superintendent. In allocating funds appropriated for education centers, the superintendent of public instruction shall: (1) Place priority upon stability and adequacy of funding for education centers that have demonstrated superior performance as defined in RCW 28A.205.040(2). (2) Initiate and maintain a competitive review process to select new or expanded center programs in unserved or underserved areas. The criteria for review of competitive proposals for new or expanded education center services shall include but not be limited to: (a) The proposing organization shall have obtained certification from the superintendent of public instruction as provided in RCW 28A.205.010; (b) The cost-effectiveness of the proposal; and 28A.205.070 [Title 28A RCW—page 59] 28A.205.080 Title 28A RCW: Common School Provisions (c) The availability of committed nonstate funds to support, enrich, or otherwise enhance the basic program. (3) In selecting areas for new or expanded education center programs, the superintendent of public instruction shall consider factors including but not limited to: (a) The proportion and total number of dropouts unserved by existing center programs, if any; (b) The availability within the geographic area of programs other than education centers which address the basic educational needs of dropouts; and (c) Waiting lists or other evidence of demand for expanded education center programs. (4) In the event of any curtailment of services resulting from lowered legislative appropriations, the superintendent of public instruction shall issue pro rata reductions to all centers funded at the time of the lowered appropriation. Individual centers may be exempted from such pro rata reductions if the superintendent finds that such reductions would impair the center’s ability to operate at minimally acceptable levels of service. In the event of such exceptions, the superintendent shall determine an appropriate rate for reduction to permit the center to continue operation. (5) In the event that an additional center or centers become certified and apply to the superintendent for funds to be allocated from a legislative appropriation which does not increase from the immediately preceding biennium, or does not increase sufficiently to allow such additional center or centers to operate at minimally acceptable levels of service without reducing the funds available to previously funded centers, the superintendent shall not provide funding for such additional center or centers from such appropriation. [2006 c 263 § 409; 1993 c 211 § 6; 1990 c 33 § 185; 1985 c 434 § 3. Formerly RCW 28A.97.120.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—1985 c 434: "It is the intent of this act to provide for an equitable distribution of funds appropriated for educational clinics, to stabilize existing programs, and to provide a system for orderly expansion or retrenchment in the event of future increases or reductions in program appropriations." [1985 c 434 § 1.] 28A.205.080 Legislative findings—Distribution of funds—Cooperation with school districts. The legislature recognizes that education centers provide a necessary and effective service for students who have dropped out of common school programs. Education centers have demonstrated success in preparing such youth for productive roles in society and are an integral part of the state’s program to address the needs of students who have dropped out of school. The superintendent of public instruction shall distribute funds, consistent with legislative appropriations, allocated specifically for education centers in accord with chapter 28A.205 RCW. The legislature encourages school districts to explore cooperation with education centers pursuant to RCW 28A.150.305. [1997 c 265 § 8; 1993 c 211 § 7; 1990 c 33 § 186; 1987 c 518 § 220. Formerly RCW 28A.97.125.] 28A.205.080 Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Additional notes found at www.leg.wa.gov 28A.205.090 Inclusion of education centers program in biennial budget request—Quarterly plans—Funds— 28A.205.090 [Title 28A RCW—page 60] Payment. The superintendent shall include the education centers program in the biennial budget request. Contracts between the superintendent of public instruction and the education centers shall include quarterly plans which provide for relatively stable student enrollment but take into consideration anticipated seasonal variations in enrollment in the individual centers. Funds which are not expended by a center during the quarter for which they were planned may be carried forward to subsequent quarters of the fiscal year. The superintendent shall make payments to the centers on a monthly basis pursuant to RCW 28A.205.040. [1993 c 211 § 8; 1990 c 33 § 187; 1985 c 434 § 4. Formerly RCW 28A.97.130.] Intent—1985 c 434: See note following RCW 28A.205.070. Chapter 28A.210 RCW HEALTH—SCREENING AND REQUIREMENTS Chapter 28A.210 Sections 28A.210.010 Contagious diseases, limiting contact—Rules. 28A.210.020 Visual and auditory screening of pupils—Rules and regulations. 28A.210.030 Visual and auditory screening of pupils—Record of screening—Forwarding of records, recommendations and data. 28A.210.040 Visual and auditory screening of pupils—Access to rules, records, and forms. 28A.210.045 Speech-language pathology services—Complaints. 28A.210.060 Immunization program—Purpose. 28A.210.070 Immunization program—Definitions. 28A.210.080 Immunization program—Attendance of child conditioned upon presentation of alternative proofs—Information regarding meningococcal disease—Information regarding human papillomavirus disease. 28A.210.090 Immunization program—Exemptions from on presentation of alternative certifications. 28A.210.100 Immunization program—Source of immunizations—Written records. 28A.210.110 Immunization program—Administrator’s duties upon receipt of proof of immunization or certification of exemption. 28A.210.120 Immunization program—Prohibiting child’s presence— Notice to parent, guardian, or adult in loco parentis. 28A.210.130 Immunization program—Superintendent of public instruction to provide information. 28A.210.140 Immunization program—State board of health rules, contents. 28A.210.150 Immunization program—Superintendent of public instruction by rule to adopt procedures for verifying records. 28A.210.160 Immunization program—Rules. 28A.210.170 Immunization program—Department of social and health services’ rules, contents. 28A.210.255 Provision of health services in public and private schools— Employee job description. 28A.210.260 Public and private schools—Administration of oral medication by—Conditions. 28A.210.270 Public and private schools—Administration of oral medication by—Immunity from liability—Discontinuance, procedure. 28A.210.280 Catheterization of public and private school students. 28A.210.290 Catheterization of public and private school students— Immunity from liability. 28A.210.300 School physician or school nurse may be employed. 28A.210.310 Prohibition on use of tobacco products on school property. 28A.210.320 Children with life-threatening health conditions—Medication or treatment orders—Rules. 28A.210.330 Students with diabetes—Individual health plans—Designation of professional to consult and coordinate with parents and health care provider—Training and supervision of school district personnel. 28A.210.340 Students with diabetes—Adoption of policy for inservice training for school staff. 28A.210.350 Students with diabetes—Compliance with individual health plan—Immunity. 28A.210.360 Model policy on access to nutritious foods and developmentally appropriate exercise—School district policies. 28A.210.365 Food choice, physical activity, childhood fitness—Minimum standards—District waiver or exemption policy. (2010 Ed.) Health—Screening and Requirements 28A.210.370 Students with asthma. 28A.210.375 Student health insurance information—Pilot project— Reports. 28A.210.380 Anaphylaxis—Policy guidelines—Procedures—Reports. State board of health: Chapter 43.20 RCW. 28A.210.010 Contagious diseases, limiting contact— Rules. The state board of health, after consultation with the superintendent of public instruction, shall adopt reasonable rules regarding the presence of persons on or about any school premises who have, or who have been exposed to, contagious diseases deemed by the state board of health as dangerous to the public health. Such rules shall specify reasonable and precautionary procedures as to such presence and/or readmission of such persons and may include the requirement for a certificate from a licensed physician that there is no danger of contagion. The superintendent of public instruction shall provide to appropriate school officials and personnel, access and notice of these rules of the state board of health. Providing online access to these rules satisfies the requirements of this section. The superintendent of public instruction is required to provide this notice only when there are significant changes to the rules. [2009 c 556 § 3; 1971 c 32 § 1; 1969 ex.s. c 223 § 28A.31.010. Prior: 1909 c 97 p 262 § 5; RRS § 4689; prior: 1897 c 118 § 68; 1890 p 372 § 47. Formerly RCW 28A.31.010, 28.31.010.] 28A.210.010 28A.210.020 Visual and auditory screening of pupils—Rules and regulations. Every board of school directors shall have the power, and it shall be its duty to provide for and require screening for the visual and auditory acuity of all children attending schools in their districts to ascertain which if any of such children have defects sufficient to retard them in their studies. Auditory and visual screening shall be made in accordance with procedures and standards adopted by rule or regulation of the state board of health. Prior to the adoption or revision of such rules or regulations the state board of health shall seek the recommendations of the superintendent of public instruction regarding the administration of visual and auditory screening and the qualifications of persons competent to administer such screening. Persons performing visual screening may include, but are not limited to, ophthalmologists, optometrists, or opticians who donate their professional services to schools or school districts. If a vision professional who donates his or her services identifies a vision defect sufficient to affect a student’s learning, the vision professional must notify the school nurse and/or the school principal in writing and may not contact the student’s parents or guardians directly. A school official shall inform parents or guardians of students in writing that a visual examination was recommended, but may not communicate the name or contact information of the vision professional conducting the screening. [2009 c 556 § 18; 1971 c 32 § 2; 1969 ex.s. c 223 § 28A.31.030. Prior: 1941 c 202 § 1; Rem. Supp. 1941 § 4689-1. Formerly RCW 28A.31.030, 28.31.030.] 28A.210.070 promptly prepare a record of the screening of each child found to have, or suspected of having, reduced visual and/or auditory acuity in need of attention, including the special education services provided by RCW 28A.155.010 through 28A.155.100, and send copies of such records and recommendations to the parents or guardians of such children and shall deliver the original records to the appropriate school official who shall preserve such records and forward to the superintendent of public instruction and the secretary of health visual and auditory data as requested by such officials. [1991 c 3 § 289; 1990 c 33 § 188; 1971 c 32 § 3; 1969 ex.s. c 223 § 28A.31.040. Prior: 1941 c 202 § 2; Rem. Supp. 1941 § 4689-2. Formerly RCW 28A.31.040, 28.31.040.] 28A.210.040 Visual and auditory screening of pupils—Access to rules, records, and forms. The superintendent of public instruction shall provide access to appropriate school officials the rules adopted by the state board of health pursuant to RCW 28A.210.020 and the recommended records and forms to be used in making and reporting such screenings. Providing online access to the materials satisfies the requirements of this section. [2009 c 556 § 4; 1990 c 33 § 189; 1973 c 46 § 1. Prior: 1971 c 48 § 12; 1971 c 32 § 4; 1969 ex.s. c 223 § 28A.31.050; prior: 1941 c 202 § 3; RRS § 4689-3. Formerly RCW 28A.31.050, 28.31.050.] 28A.210.040 Additional notes found at www.leg.wa.gov 28A.210.020 28A.210.030 Visual and auditory screening of pupils—Record of screening—Forwarding of records, recommendations and data. The person or persons completing the screening prescribed in RCW 28A.210.020 shall 28A.210.030 (2010 Ed.) 28A.210.045 Speech-language pathology services— Complaints. (1) The superintendent of public instruction shall report to the department of health: (a) Any complaint or disciplinary action taken against a certified educational staff associate providing speech-language pathology services in a school setting; and (b) Any complaint the superintendent receives regarding a speech-language pathology assistant certified under chapter 18.35 RCW. (2) The superintendent of public instruction shall make the reports required by this section as soon as practicable, but in no case later than five business days after the complaint or disciplinary action. [2009 c 301 § 13.] 28A.210.045 Intent—Implementation—2009 c 301: See notes following RCW 18.35.010. Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040. 28A.210.060 Immunization program—Purpose. In enacting RCW 28A.210.060 through 28A.210.170, it is the judgment of the legislature that it is necessary to protect the health of the public and individuals by providing a means for the eventual achievement of full immunization of school-age children against certain vaccine-preventable diseases. [1990 c 33 § 190; 1984 c 40 § 3; 1979 ex.s. c 118 § 1. Formerly RCW 28A.31.100.] 28A.210.060 Immunization plan: RCW 43.70.525. Additional notes found at www.leg.wa.gov 28A.210.070 Immunization program—Definitions. As used in RCW 28A.210.060 through 28A.210.170: (1) "Chief administrator" shall mean the person with the authority and responsibility for the immediate supervision of 28A.210.070 [Title 28A RCW—page 61] 28A.210.080 Title 28A RCW: Common School Provisions the operation of a school or day care center as defined in this section or, in the alternative, such other person as may hereafter be designated in writing for the purposes of RCW 28A.210.060 through 28A.210.170 by the statutory or corporate board of directors of the school district, school, or day care center or, if none, such other persons or person with the authority and responsibility for the general supervision of the operation of the school district, school or day care center. (2) "Full immunization" shall mean immunization against certain vaccine-preventable diseases in accordance with schedules and with immunizing agents approved by the state board of health. (3) "Local health department" shall mean the city, town, county, district or combined city-county health department, board of health, or health officer which provides public health services. (4) "School" shall mean and include each building, facility, and location at or within which any or all portions of a preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two or more children by or in behalf of any public school district and by or in behalf of any private school or private institution subject to approval by the state board of education pursuant to RCW 28A.305.130, 28A.195.010 through 28A.195.050, and 28A.410.120. (5) "Day care center" shall mean an agency which regularly provides care for a group of thirteen or more children for periods of less than twenty-four hours and is licensed pursuant to chapter 74.15 RCW. (6) "Child" shall mean any person, regardless of age, in attendance at a public or private school or a licensed day care center. [2006 c 263 § 908; 1990 c 33 § 191; 1985 c 49 § 2; 1984 c 40 § 4; 1979 ex.s. c 118 § 2. Formerly RCW 28A.31.102.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.210.080 Immunization program—Attendance of child conditioned upon presentation of alternative proofs—Information regarding meningococcal disease— Information regarding human papillomavirus disease. (1) The attendance of every child at every public and private school in the state and licensed day care center shall be conditioned upon the presentation before or on each child’s first day of attendance at a particular school or center, of proof of either (a) full immunization, (b) the initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (c) a certificate of exemption as provided for in RCW 28A.210.090. The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of immunization shall be conditioned upon the presentation of proof of compliance with the schedule on the child’s first day of attendance during the subsequent school year. Once proof of full immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a condition to attendance at the particular school or center. (2)(a) Beginning with sixth grade entry, every public and private school in the state shall provide parents and guardians with information about meningococcal disease and its vac28A.210.080 [Title 28A RCW—page 62] cine at the beginning of every school year. The information about meningococcal disease shall include: (i) Its causes and symptoms, how meningococcal disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and (ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received. (b) This subsection shall not be construed to require the department of health or the school to provide meningococcal vaccination to students. (c) The department of health shall prepare the informational materials and shall consult with the office of superintendent of public instruction. (d) This subsection does not create a private right of action. (3)(a) Beginning with sixth grade entry, every public school in the state shall provide parents and guardians with information about human papillomavirus disease and its vaccine at the beginning of every school year. The information about human papillomavirus disease shall include: (i) Its causes and symptoms, how human papillomavirus disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and (ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for human papillomavirus disease and where the vaccination can be received. (b) This subsection shall not be construed to require the department of health or the school to provide human papillomavirus vaccination to students. (c) The department of health shall prepare the informational materials and shall consult with the office of the superintendent of public instruction. (d) This subsection does not create a private right of action. (4) Private schools are required by state law to notify parents that information on the human papillomavirus disease prepared by the department of health is available. [2007 c 276 § 1; 2005 c 404 § 1; 1990 c 33 § 192; 1985 c 49 § 1; 1979 ex.s. c 118 § 3. Formerly RCW 28A.31.104.] Additional notes found at www.leg.wa.gov 28A.210.090 Immunization program—Exemptions from on presentation of alternative certifications. Any child shall be exempt in whole or in part from the immunization measures required by RCW 28A.210.060 through 28A.210.170 upon the presentation of any one or more of the following, on a form prescribed by the department of health: (1) A written certification signed by any physician licensed to practice medicine pursuant to chapter 18.71 or 18.57 RCW that a particular vaccine required by rule of the state board of health is, in his or her judgment, not advisable for the child: PROVIDED, That when it is determined that this particular vaccine is no longer contraindicated, the child will be required to have the vaccine; 28A.210.090 (2010 Ed.) Health—Screening and Requirements (2) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the religious beliefs of the signator are contrary to the required immunization measures; and (3) A written certification signed by any parent or legal guardian of the child or any adult in loco parentis to the child that the signator has either a philosophical or personal objection to the immunization of the child. [1991 c 3 § 290; 1990 c 33 § 193; 1984 c 40 § 5; 1979 ex.s. c 118 § 4. Formerly RCW 28A.31.106.] Additional notes found at www.leg.wa.gov 28A.210.100 Immunization program—Source of immunizations—Written records. The immunizations required by RCW 28A.210.060 through 28A.210.170 may be obtained from any private or public source desired: PROVIDED, That the immunization is administered and records are made in accordance with the regulations of the state board of health. Any person or organization administering immunizations shall furnish each person immunized, or his or her parent or legal guardian, or any adult in loco parentis to the child, with a written record of immunization given in a form prescribed by the state board of health. [1990 c 33 § 194; 1984 c 40 § 7; 1979 ex.s. c 118 § 6. Formerly RCW 28A.31.110.] 28A.210.100 Additional notes found at www.leg.wa.gov 28A.210.110 Immunization program—Administrator’s duties upon receipt of proof of immunization or certification of exemption. A child’s proof of immunization or certification of exemption shall be presented to the chief administrator of the public or private school or day care center or to his or her designee for that purpose. The chief administrator shall: (1) Retain such records pertaining to each child at the school or day care center for at least the period the child is enrolled in the school or attends such center; (2) Retain a record at the school or day care center of the name, address, and date of exclusion of each child excluded from school or the center pursuant to RCW 28A.210.120 for not less than three years following the date of a child’s exclusion; (3) File a written annual report with the department of health on the immunization status of students or children attending the day care center at a time and on forms prescribed by the department of health; and (4) Allow agents of state and local health departments access to the records retained in accordance with this section during business hours for the purposes of inspection and copying. [1991 c 3 § 291; 1990 c 33 § 195; 1979 ex.s. c 118 § 7. Formerly RCW 28A.31.112.] 28A.210.110 Additional notes found at www.leg.wa.gov 28A.210.120 Immunization program—Prohibiting child’s presence—Notice to parent, guardian, or adult in loco parentis. It shall be the duty of the chief administrator of every public and private school and day care center to prohibit the further presence at the school or day care center for any and all purposes of each child for whom proof of immunization, certification of exemption, or proof of compliance 28A.210.120 (2010 Ed.) 28A.210.160 with an approved schedule of immunization has not been provided in accordance with RCW 28A.210.080 and to continue to prohibit the child’s presence until such proof of immunization, certification of exemption, or approved schedule has been provided. The exclusion of a child from a school shall be accomplished in accordance with rules of the office of the superintendent, in consultation with the state board of health. The exclusion of a child from a day care center shall be accomplished in accordance with rules of the department of social and health services. Prior to the exclusion of a child, each school or day care center shall provide written notice to the parent(s) or legal guardian(s) of each child or to the adult(s) in loco parentis to each child, who is not in compliance with the requirements of RCW 28A.210.080. The notice shall fully inform such person(s) of the following: (1) The requirements established by and pursuant to RCW 28A.210.060 through 28A.210.170; (2) the fact that the child will be prohibited from further attendance at the school unless RCW 28A.210.080 is complied with; (3) such procedural due process rights as are hereafter established pursuant to RCW 28A.210.160 and/or 28A.210.170, as appropriate; and (4) the immunization services that are available from or through the local health department and other public agencies. [2006 c 263 § 909; 1990 c 33 § 196; 1985 c 49 § 3; 1984 c 40 § 8; 1979 ex.s. c 118 § 8. Formerly RCW 28A.31.114.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.210.130 Immunization program—Superintendent of public instruction to provide information. The superintendent of public instruction shall provide for information about the immunization program and requirements under RCW 28A.210.060 through 28A.210.170 to be widely available throughout the state in order to promote full use of the program. [1990 c 33 § 197; 1985 c 49 § 4. Formerly RCW 28A.31.115.] 28A.210.130 28A.210.140 Immunization program—State board of health rules, contents. The state board of health shall adopt and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive requirements for full immunization and the form and substance of the proof thereof, to be required pursuant to RCW 28A.210.060 through 28A.210.170. [1990 c 33 § 198; 1984 c 40 § 9; 1979 ex.s. c 118 § 9. Formerly RCW 28A.31.116.] 28A.210.140 Additional notes found at www.leg.wa.gov 28A.210.150 Immunization program—Superintendent of public instruction by rule to adopt procedures for verifying records. The superintendent of public instruction by rule shall provide procedures for schools to quickly verify the immunization records of students transferring from one school to another before the immunization records are received. [1985 c 49 § 5. Formerly RCW 28A.31.117.] 28A.210.150 28A.210.160 Immunization program—Rules. The superintendent of public instruction with regard to public schools and the state board of education with regard to pri28A.210.160 [Title 28A RCW—page 63] 28A.210.170 Title 28A RCW: Common School Provisions vate schools, in consultation with the state board of health, shall each adopt rules pursuant to chapter 34.05 RCW that establish the procedural and substantive due process requirements governing the exclusion of children from schools pursuant to RCW 28A.210.120. [2006 c 263 § 910; 1990 c 33 § 199; 1979 ex.s. c 118 § 10. Formerly RCW 28A.31.118.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.210.170 Immunization program—Department of social and health services’ rules, contents. The department of social and health services shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW which establish the procedural and substantive due process requirements governing the exclusion of children from day care centers pursuant to RCW 28A.210.120. [1990 c 33 § 200; 1979 ex.s. c 118 § 11. Formerly RCW 28A.31.120.] 28A.210.170 Additional notes found at www.leg.wa.gov 28A.210.255 Provision of health services in public and private schools—Employee job description. Any employee of a public school district or private school that performs health services, such as catheterization, must have a job description that lists all of the health services that the employee may be required to perform for students. [2003 c 172 § 2.] 28A.210.255 28A.210.260 Public and private schools—Administration of oral medication by—Conditions. Public school districts and private schools which conduct any of grades kindergarten through the twelfth grade may provide for the administration of oral medication of any nature to students who are in the custody of the school district or school at the time of administration, but are not required to do so by this section, subject to the following conditions: (1) The board of directors of the public school district or the governing board of the private school or, if none, the chief administrator of the private school shall adopt policies which address the designation of employees who may administer oral medications to students, the acquisition of parent requests and instructions, and the acquisition of requests from licensed health professionals prescribing within the scope of their prescriptive authority and instructions regarding students who require medication for more than fifteen consecutive school days, the identification of the medication to be administered, the means of safekeeping medications with special attention given to the safeguarding of legend drugs as defined in chapter 69.41 RCW, and the means of maintaining a record of the administration of such medication; (2) The board of directors shall seek advice from one or more licensed physicians or nurses in the course of developing the foregoing policies; (3) The public school district or private school is in receipt of a written, current and unexpired request from a parent, or a legal guardian, or other person having legal control over the student to administer the medication to the student; (4) The public school district or the private school is in receipt of (a) a written, current and unexpired request from a licensed health professional prescribing within the scope of 28A.210.260 [Title 28A RCW—page 64] his or her prescriptive authority for administration of the medication, as there exists a valid health reason which makes administration of such medication advisable during the hours when school is in session or the hours in which the student is under the supervision of school officials, and (b) written, current and unexpired instructions from such licensed health professional prescribing within the scope of his or her prescriptive authority regarding the administration of prescribed medication to students who require medication for more than fifteen consecutive workdays; (5) The medication is administered by an employee designated by or pursuant to the policies adopted pursuant to subsection (1) of this section and in substantial compliance with the prescription of a licensed health professional prescribing within the scope of his or her prescriptive authority or the written instructions provided pursuant to subsection (4) of this section; (6) The medication is first examined by the employee administering the same to determine in his or her judgment that it appears to be in the original container and to be properly labeled; and (7) The board of directors shall designate a professional person licensed pursuant to chapter 18.71 RCW or chapter 18.79 RCW as it applies to registered nurses and advanced registered nurse practitioners, to train and supervise the designated school district personnel in proper medication procedures. [2000 c 63 § 1; 1994 sp.s. c 9 § 720; 1982 c 195 § 1. Formerly RCW 28A.31.150.] Additional notes found at www.leg.wa.gov 28A.210.270 Public and private schools—Administration of oral medication by—Immunity from liability— Discontinuance, procedure. (1) In the event a school employee administers oral medication to a student pursuant to RCW 28A.210.260 in substantial compliance with the prescription of the student’s licensed health professional prescribing within the scope of the professional’s prescriptive authority or the written instructions provided pursuant to RCW 28A.210.260(4), and the other conditions set forth in RCW 28A.210.260 have been substantially complied with, then the employee, the employee’s school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual or marital or governmental or corporate or other capacities as a result of the administration of the medication. (2) The administration of oral medication to any student pursuant to RCW 28A.210.260 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their governmental or corporate or individual or marital or other capacities as a result of the discontinuance of such administration: PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student. [2000 c 63 § 2; 1990 c 33 § 208; 1982 c 195 § 2. Formerly RCW 28A.31.155.] 28A.210.270 (2010 Ed.) Health—Screening and Requirements Additional notes found at www.leg.wa.gov 28A.210.280 Catheterization of public and private school students. (1) Public school districts and private schools that offer classes for any of grades kindergarten through twelve must provide for clean, intermittent bladder catheterization of students, or assisted self-catheterization of students pursuant to RCW 18.79.290. The catheterization must be provided in substantial compliance with: (a) Rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules; and (b) Written policies of the school district or private school which shall be adopted in order to implement this section and shall be developed in accordance with such requirements of chapters 41.56 and 41.59 RCW as may be applicable. (2) School district employees, except those licensed under chapter 18.79 RCW, who have not agreed in writing to perform clean, intermittent bladder catheterization as a specific part of their job description, may file a written letter of refusal to perform clean, intermittent bladder catheterization of students. This written letter of refusal may not serve as grounds for discharge, nonrenewal, or other action adversely affecting the employee’s contract status. (3) Any public school district or private school that provides clean, intermittent bladder catheterization shall document the provision of training given to employees who perform these services. These records shall be made available for review at any audit. [2003 c 172 § 1; 1994 sp.s. c 9 § 721; 1988 c 48 § 2. Formerly RCW 28A.31.160.] 28A.210.280 Additional notes found at www.leg.wa.gov 28A.210.290 Catheterization of public and private school students—Immunity from liability. (1) In the event a school employee provides for the catheterization of a student pursuant to RCW 18.79.290 and 28A.210.280 in substantial compliance with (a) rules adopted by the state nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse practitioner issued under such rules, and (b) written policies of the school district or private school, then the employee, the employee’s school district or school of employment, and the members of the governing board and chief administrator thereof shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of providing for the catheterization. (2) Providing for the catheterization of any student pursuant to RCW 18.79.290 and 28A.210.280 may be discontinued by a public school district or private school and the school district or school, its employees, its chief administrator, and members of its governing board shall not be liable in any criminal action or for civil damages in their individual, marital, governmental, corporate, or other capacity as a result of the discontinuance: PROVIDED, That the chief administrator of the public school district or private school, or his or her designee, has first provided actual notice orally or in writing in advance of the date of discontinuance to a parent or legal guardian of the student or other person having legal control over the student: PROVIDED FURTHER, That the 28A.210.290 (2010 Ed.) 28A.210.320 public school district otherwise provides for the catheterization of the student to the extent required by federal or state law. [1994 sp.s. c 9 § 722; 1990 c 33 § 209; 1988 c 48 § 3. Formerly RCW 28A.31.165.] Additional notes found at www.leg.wa.gov 28A.210.300 School physician or school nurse may be employed. The board of directors of any school district of the second class may employ a regularly licensed physician or a licensed public health nurse for the purpose of protecting the health of the children in said district. [1975 c 43 § 20; 1969 ex.s. c 223 § 28A.60.320. Prior: 1937 c 60 § 1; RRS § 4776-4. Formerly RCW 28A.60.320, 28.31.080.] 28A.210.300 Additional notes found at www.leg.wa.gov 28A.210.310 Prohibition on use of tobacco products on school property. (1) To protect children in the public schools of this state from exposure to the addictive substance of nicotine, each school district board of directors shall have a written policy mandating a prohibition on the use of all tobacco products on public school property. (2) The policy in subsection (1) of this section shall include, but not be limited to, a requirement that students and school personnel be notified of the prohibition, the posting of signs prohibiting the use of tobacco products, sanctions for students and school personnel who violate the policy, and a requirement that school district personnel enforce the prohibition. Enforcement policies adopted in the school board policy shall be in addition to the enforcement provisions in RCW 70.160.070. [1997 c 9 § 1; 1989 c 233 § 6. Formerly RCW 28A.31.170.] 28A.210.310 Additional notes found at www.leg.wa.gov 28A.210.320 Children with life-threatening health conditions—Medication or treatment orders—Rules. (1) The attendance of every child at every public school in the state shall be conditioned upon the presentation before or on each child’s first day of attendance at a particular school of a medication or treatment order addressing any life-threatening health condition that the child has that may require medical services to be performed at the school. Once such an order has been presented, the child shall be allowed to attend school. (2) The chief administrator of every public school shall prohibit the further presence at the school for any and all purposes of each child for whom a medication or treatment order has not been provided in accordance with this section if the child has a life-threatening health condition that may require medical services to be performed at the school and shall continue to prohibit the child’s presence until such order has been provided. The exclusion of a child from a school shall be accomplished in accordance with rules of the state board of education. Before excluding a child, each school shall provide written notice to the parents or legal guardians of each child or to the adults in loco parentis to each child, who is not in compliance with the requirements of this section. The notice shall include, but not be limited to, the following: (a) The requirements established by this section; (b) the fact that the child will be prohibited from further attendance at the school unless this section is complied with; and (c) such pro28A.210.320 [Title 28A RCW—page 65] 28A.210.330 Title 28A RCW: Common School Provisions cedural due process rights as are established pursuant to this section. (3) The superintendent of public instruction in consultation with the state board of health shall adopt rules under chapter 34.05 RCW that establish the procedural and substantive due process requirements governing the exclusion of children from public schools under this section. The rules shall include any requirements under applicable federal laws. (4) As used in this section, "life-threatening condition" means a health condition that will put the child in danger of death during the school day if a medication or treatment order and a nursing plan are not in place. (5) As used in this section, "medication or treatment order" means the authority a registered nurse obtains under RCW 18.79.260(2). [2006 c 263 § 911; 2002 c 101 § 1.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.210.330 Students with diabetes—Individual health plans—Designation of professional to consult and coordinate with parents and health care provider— Training and supervision of school district personnel. (1) School districts shall provide individual health plans for students with diabetes, subject to the following conditions: (a) The board of directors of the school district shall adopt policies to be followed for students with diabetes. The policies shall include, but need not be limited to: (i) The acquisition of parent requests and instructions; (ii) The acquisition of orders from licensed health professionals prescribing within the scope of their prescriptive authority for monitoring and treatment at school; (iii) The provision for storage of medical equipment and medication provided by the parent; (iv) The provision for students to perform blood glucose tests, administer insulin, treat hypoglycemia and hyperglycemia, and have easy access to necessary supplies and equipment to perform monitoring and treatment functions as specified in the individual health plan. The policies shall include the option for students to carry on their persons the necessary supplies and equipment and the option to perform monitoring and treatment functions anywhere on school grounds including the students’ classrooms, and at school-sponsored events; (v) The establishment of school policy exceptions necessary to accommodate the students’ needs to eat whenever and wherever necessary, have easy, unrestricted access to water and bathroom use, have provisions made for parties at school when food is served, eat meals and snacks on time, and other necessary exceptions as described in the individual health plan; (vi) The assurance that school meals are never withheld because of nonpayment of fees or disciplinary action; (vii) A description of the students’ school day schedules for timing of meals, snacks, blood sugar testing, insulin injections, and related activities; (viii) The development of individual emergency plans; (ix) The distribution of the individual health plan to appropriate staff based on the students’ needs and staff level of contact with the students; (x) The possession of legal documents for parent-designated adults to provide care, if needed; and 28A.210.330 [Title 28A RCW—page 66] (xi) The updating of the individual health plan at least annually or more frequently, as needed; and (b) The board of directors, in the course of developing the policies in (a) of this subsection, shall seek advice from one or more licensed physicians or nurses or diabetes educators who are nationally certified. (2)(a) For the purposes of this section, "parent-designated adult" means a volunteer, who may be a school district employee, who receives additional training from a health care professional or expert in diabetic care selected by the parents, and who provides care for the child consistent with the individual health plan. (b) To be eligible to be a parent-designated adult, a school district employee not licensed under chapter 18.79 RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the employee’s willingness to be a parent-designated adult. If a school employee who is not licensed under chapter 18.79 RCW chooses not to file a letter under this section, the employee shall not be subject to any employer reprisal or disciplinary action for refusing to file a letter. (3) The board of directors shall designate a professional person licensed under chapter 18.71, 18.57, or 18.79 RCW as it applies to registered nurses and advanced registered nurse practitioners, to consult and coordinate with the student’s parents and health care provider, and train and supervise the appropriate school district personnel in proper procedures for care for students with diabetes to ensure a safe, therapeutic learning environment. Training may also be provided by a diabetes educator who is nationally certified. Parent-designated adults who are school employees are required to receive the training provided under this subsection. Parentdesignated adults who are not school employees shall show evidence of comparable training. The parent-designated adult must also receive additional training as established in subsection (2)(a) of this section for the additional care the parents have authorized the parent-designated adult to provide. The professional person designated under this subsection is not responsible for the supervision of the parent-designated adult for those procedures that are authorized by the parents. [2002 c 350 § 2.] Findings—2002 c 350: "The legislature finds that diabetes imposes significant health risks to students enrolled in the state’s public schools and that providing for the medical needs of students with diabetes is crucial to ensure both the safety of students with diabetes and their ability to obtain the education guaranteed to all citizens of the state. The legislature also finds that children with diabetes can and should be provided with a safe learning environment and access to all other nonacademic school-sponsored activities. The legislature further finds that an individual health plan for each child with diabetes should be in place in the student’s school and should include provisions for a parental signed release form, medical equipment and storage capacity, and exceptions from school policies, school schedule, meals and eating, disaster preparedness, inservice training for staff, legal documents for parent-designated adults who may provide care, as needed, and personnel guidelines describing who may assume responsibility for activities contained in the student’s individual health plan." [2002 c 350 § 1.] Effective date—2002 c 350: "This act takes effect July 1, 2002." [2002 c 350 § 5.] 28A.210.340 Students with diabetes—Adoption of policy for inservice training for school staff. The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school 28A.210.340 (2010 Ed.) Health—Screening and Requirements districts providing for the inservice training for school staff on symptoms, treatment, and monitoring of students with diabetes and on the additional observations that may be needed in different situations that may arise during the school day and during school-sponsored events. The policy shall include the standards and skills that must be in place for inservice training of school staff. [2002 c 350 § 3.] Findings—Effective date—2002 c 350: See notes following RCW 28A.210.330. 28A.210.350 Students with diabetes—Compliance with individual health plan—Immunity. A school district, school district employee, agent, or parent-designated adult who, acting in good faith and in substantial compliance with the student’s individual health plan and the instructions of the student’s licensed health care professional, provides assistance or services under RCW 28A.210.330 shall not be liable in any criminal action or for civil damages in his or her individual or marital or governmental or corporate or other capacities as a result of the services provided under RCW 28A.210.330 to students with diabetes. [2002 c 350 § 4.] 28A.210.350 Findings—Effective date—2002 c 350: See notes following RCW 28A.210.330. 28A.210.360 Model policy on access to nutritious foods and developmentally appropriate exercise—School district policies. (1) Consistent with the essential academic learning requirements for health and fitness, including nutrition, the Washington state school directors association, with the assistance of the office of the superintendent of public instruction, the department of health, and the Washington alliance for health, physical education, recreation and dance, shall convene an advisory committee to develop a model policy regarding access to nutritious foods, opportunities for developmentally appropriate exercise, and accurate information related to these topics. The policy shall address the nutritional content of foods and beverages, including fluoridated bottled water, sold or provided throughout the school day or sold in competition with the federal school breakfast and lunch program and the availability and quality of health, nutrition, and physical education and fitness curriculum. The model policy should include the development of a physical education and fitness curriculum for students. For middle school students, physical education and fitness curriculum means a daily period of physical activity, a minimum of twenty minutes of which is aerobic activity in the student’s target heart rate zone, which includes instruction and practice in basic movement and fine motor skills, progressive physical fitness, athletic conditioning, and nutrition and wellness instruction through age-appropriate activities. (2) The school directors association shall submit the model policy and recommendations on the related issues, along with a recommendation for local adoption, to the governor and the legislature and shall post the model policy on its web site by January 1, 2005. (3) Each district’s board of directors shall establish its own policy by August 1, 2005. [2004 c 138 § 2.] 28A.210.360 Findings—2004 c 138: "(1) The legislature finds: (a) Childhood obesity has reached epidemic levels in Washington and throughout the nation. Nearly one in five Washington adolescents in grades nine through twelve were recently found to be either overweight or at risk of (2010 Ed.) 28A.210.365 being overweight; (b) Overweight and obese children are at higher risk for developing severe long-term health problems, including but not limited to Type 2 diabetes, cardiovascular disease, high blood pressure, and certain cancers; (c) Overweight youth also are often affected by discrimination, psychological stress, and low self-esteem; (d) Obesity and subsequent diseases are largely preventable through diet and regular physical activity; (e) A child who has eaten a well-balanced meal and is healthy is more likely to be prepared to learn in the classroom; (f) Encouraging adolescents to adopt healthy lifelong eating habits can increase their productivity and reduce their risk of dying prematurely; (g) Frequent eating of carbohydrate-rich foods or drinking sweet liquids throughout the day increases a child’s risk for dental decay, the most common chronic childhood disease; (h) Schools are a logical place to address the issue of obesity in children and adolescents; and ( i) Increased emphasis on physical activity at all grade levels is essential to enhancing the well-being of Washington’s youth. (2) While the United States department of agriculture regulates the nutritional content of meals sold in schools under its school breakfast and lunch program, limited standards are in place to regulate "competitive foods," which may be high in added sugars, sodium, and saturated fat content. However, the United States department of agriculture does call for states and local entities to add restrictions on competitive foods, as necessary." [2004 c 138 § 1.] 28A.210.365 28A.210.365 Food choice, physical activity, childhood fitness—Minimum standards—District waiver or exemption policy. It is the goal of Washington state to ensure that: (1) By 2010, all K-12 districts have school health advisory committees that advise school administration and school board members on policies, environmental changes, and programs needed to support healthy food choice and physical activity and childhood fitness. Districts shall include school nurses or other school personnel as advisory committee members. (2) By 2010, only healthy food and beverages provided by schools during school hours or for school-sponsored activities shall be available on school campuses. Minimum standards for available food and beverages, except food served as part of a United States department of agriculture meal program, are: (a) Not more than thirty-five percent of its total calories shall be from fat. This restriction does not apply to nuts, nut butters, seeds, eggs, fresh or dried fruits, vegetables that have not been deep-fried, legumes, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products; (b) Not more than ten percent of its total calories shall be from saturated fat. This restriction does not apply to eggs, reduced-fat cheese, part-skim cheese, nonfat dairy products, or low-fat dairy products; (c) Not more than thirty-five percent of its total weight or fifteen grams per food item shall be composed of sugar, including naturally occurring and added sugar. This restriction does not apply to the availability of fresh or dried fruits and vegetables that have not been deep-fried; and (d) The standards for food and beverages in this subsection do not apply to: (i) Low-fat and nonfat flavored milk with up to thirty grams of sugar per serving; (ii) Nonfat or low-fat rice or soy beverages; or (iii) One hundred percent fruit or vegetable juice. [Title 28A RCW—page 67] 28A.210.370 Title 28A RCW: Common School Provisions (3) By 2010, all students in grades one through eight should have at least one hundred fifty minutes of quality physical education every week. (4) By 2010, all student health and fitness instruction shall be conducted by appropriately certified instructors. (5) Beginning with the 2011-2012 school year, any district waiver or exemption policy from physical education requirements for high school students should be based upon meeting both health and fitness curricula concepts as well as alternative means of engaging in physical activity, but should acknowledge students’ interest in pursuing their academic interests. [2007 c 5 § 5.] 28A.210.370 Students with asthma. (1) The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school districts providing for the in-service training for school staff on symptoms, treatment, and monitoring of students with asthma and on the additional observations that may be needed in different situations that may arise during the school day and during school-sponsored events. The policy shall include the standards and skills that must be in place for inservice training of school staff. (2) All school districts shall adopt policies regarding asthma rescue procedures for each school within the district. (3) All school districts must require that each public elementary school and secondary school grant to any student in the school authorization for the self-administration of medication to treat that student’s asthma or anaphylaxis, if: (a) A health care practitioner prescribed the medication for use by the student during school hours and instructed the student in the correct and responsible use of the medication; (b) The student has demonstrated to the health care practitioner, or the practitioner’s designee, and a professional registered nurse at the school, the skill level necessary to use the medication and any device that is necessary to administer the medication as prescribed; (c) The health care practitioner formulates a written treatment plan for managing asthma or anaphylaxis episodes of the student and for medication use by the student during school hours; and (d) The student’s parent or guardian has completed and submitted to the school any written documentation required by the school, including the treatment plan formulated under (c) of this subsection and other documents related to liability. (4) An authorization granted under subsection (3) of this section must allow the student involved to possess and use his or her medication: (a) While in school; (b) While at a school-sponsored activity, such as a sporting event; and (c) In transit to or from school or school-sponsored activities. (5) An authorization granted under subsection (3) of this section: (a) Must be effective only for the same school and school year for which it is granted; and (b) Must be renewed by the parent or guardian each subsequent school year in accordance with this subsection. (6) School districts must require that backup medication, if provided by a student’s parent or guardian, be kept at a stu28A.210.370 [Title 28A RCW—page 68] dent’s school in a location to which the student has immediate access in the event of an asthma or anaphylaxis emergency. (7) School districts must require that information described in subsection (3)(c) and (d) of this section be kept on file at the student’s school in a location easily accessible in the event of an asthma or anaphylaxis emergency. (8) Nothing in this section creates a cause of action or in any other way increases or diminishes the liability of any person under any other law. [2005 c 462 § 2.] Findings—2005 c 462: "The legislature finds that: (1) Asthma is a dangerous disease that is growing in prevalence in Washington state. An estimated five hundred thousand residents of the state suffer from asthma. Since 1995, asthma has claimed more than five hundred lives, caused more than twenty-five thousand hospitalizations with costs of more than one hundred twelve million dollars, and resulted in seven million five hundred thousand missed school days. School nurses have identified over four thousand children with life-threatening asthma in the state’s schools. (2) While asthma is found among all populations, its prevalence disproportionately affects low-income and minority populations. Untreated asthma affects worker productivity and results in unnecessary absences from work. In many cases, asthma triggers present in substandard housing and poorly ventilated workplaces contribute directly to asthma. (3) Although research continues into the causes and cures for asthma, national consensus has been reached on treatment guidelines. People with asthma who are being treated in accordance with these guidelines are far more likely to control the disease than those who are not being treated and therefore are less likely to experience debilitating or life-threatening asthma episodes, less likely to be hospitalized, and less likely to need to curtail normal school or work activities. With treatment, most people with asthma are able to live normal, active lives. (4) Up to one-third of the people with asthma have not had their disease diagnosed. Among those with diagnosed asthma, thirty to fifty percent are not receiving medicines that are needed to control the disease, and approximately eighty percent of diagnosed asthmatics are not getting yearly spirometry measurements that are a key element in monitoring the disease." [2005 c 462 § 1.] 28A.210.375 Student health insurance information— Pilot project—Reports. (1) By August 1, 2008, the superintendent of public instruction shall solicit and select up to six school districts to implement, on a pilot project basis, this section. The selected school districts shall include districts from urban and rural areas, and eastern and western Washington. (2) Beginning with the 2008-09 school year, as part of a public school’s enrollment process, each school participating as a pilot project shall annually inquire whether a student has health insurance. The school shall include in the inquiry a statement explaining that an outreach worker may contact families with uninsured students about options for health care coverage. The inquiry shall make provision for the parent or guardian to authorize the sharing of information for this purpose, consistent with state and federal confidentiality requirements. (3) The school shall record each student’s health insurance status in the district’s student information system. (4) By December 1, 2008, from the district’s student information system, the pilot school shall develop a list of students without insurance for whom parent authorization to share information was granted. To the extent such information is available, the list shall include: (a) Identifiers, including each student’s full name and date of birth; and 28A.210.375 (2010 Ed.) Early Childhood, Preschools, and Before-And-After School Care (b) Parent or guardian contact information, including telephone number, e-mail address, and street address. (5) By September 1, 2008, the department and superintendent shall develop and make available a model agreement to enable schools to share student information in compliance with state and federal confidentiality requirements. (6) By January 1, 2009, each participating pilot school and a local outreach organization, where available, shall work to put in place an agreement to share student information in accordance with state and federal confidentiality requirements. Once an agreement is in place, the school shall share the list described in subsection (4) of this section with the outreach organization. (7) The outreach organization shall use the information on the list to contact families and assist them to enroll students on a medical program, in accordance with chapter 74.09 RCW. (8) By July 1, 2009, pilot schools shall report to the superintendent of public instruction: (a) The number of students identified without health insurance under subsection (2) of this section; and (b) Whether an agreement as described under subsection (6) of this section is in place. (9) By December 1, 2009, the department and the superintendent shall submit a joint report to the legislature that provides: (a) Summary information on the number of students identified without insurance; (b) The number of schools with agreements with outreach organizations and the number without such agreements; (c) The cost of collecting and reporting data; (d) The impact of such outreach efforts they can quantify; and (e) Any recommendations for changes that would improve the efficiency or effectiveness of outreach efforts described in this section. (10) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Department" means the department of social and health services. (b) "Superintendent" means the superintendent of public instruction. (c) "Outreach organization" means a nonprofit organization or a local government entity either contracting with the department pursuant to chapter 74.09 RCW, or otherwise qualified to provide outreach, education, and enrollment services to uninsured children. [2008 c 302 § 1.] 28A.210.380 Anaphylaxis—Policy guidelines—Procedures—Reports. (1) The office of the superintendent of public instruction, in consultation with the department of health, shall develop anaphylactic policy guidelines for schools to prevent anaphylaxis and deal with medical emergencies resulting from it. The policy guidelines shall be developed with input from pediatricians, school nurses, other health care providers, parents of children with life-threatening allergies, school administrators, teachers, and food service directors. The policy guidelines shall include, but need not be limited to: Chapter 28A.215 (a) A procedure for each school to follow to develop a treatment plan including the responsibilities for [of] school nurses and other appropriate school personnel responsible for responding to a student who may be experiencing anaphylaxis; (b) The content of a training course for appropriate school personnel for preventing and responding to a student who may be experiencing anaphylaxis; (c) A procedure for the development of an individualized emergency health care plan for children with food or other allergies that could result in anaphylaxis; (d) A communication plan for the school to follow to gather and disseminate information on students with food or other allergies who may experience anaphylaxis; (e) Strategies for reduction of the risk of exposure to anaphylactic causative agents including food and other allergens. (2) For the purpose of this section "anaphylaxis" means a severe allergic and life-threatening reaction that is a collection of symptoms, which may include breathing difficulties and a drop in blood pressure or shock. (3)(a) By October 15, 2008, the superintendent of public instruction shall report to the select interim legislative task force on comprehensive school health reform created in section 6, chapter 5, Laws of 2007, on the following: (i) The implementation within school districts of the 2008 guidelines for care of students with life-threatening food allergies developed by the superintendent pursuant to section 501, chapter 522, Laws of 2007, including a review of policies developed by the school districts, the training provided to school personnel, and plans for follow-up monitoring of policy implementation; and (ii) Recommendations on requirements for effectively implementing the school anaphylactic policy guidelines developed under this section. (b) By March 31, 2009, the superintendent of public instruction shall report policy guidelines to the appropriate committees of the legislature and to school districts for the districts to use to develop and adopt their policies. (4) By September 1, 2009, each school district shall use the guidelines developed under subsection (1) of this section to develop and adopt a school district policy for each school in the district to follow to assist schools to prevent anaphylaxis. [2008 c 173 § 1.] Chapter 28A.215 Chapter 28A.215 RCW EARLY CHILDHOOD, PRESCHOOLS, AND BEFORE-AND-AFTER SCHOOL CARE 28A.210.380 (2010 Ed.) Sections NURSERY SCHOOLS, PRESCHOOLS, AND BEFORE-AND-AFTER SCHOOL CARE 28A.215.010 28A.215.020 28A.215.030 28A.215.040 28A.215.050 Authority of school boards. Allocations of state or federal funds—Rules. Allocations pending receipt of federal funds. Establishment and maintenance discretionary. Additional authority—Contracts with private and public entities—Charges—Transportation services. 28A.215.060 Community learning center program—Purpose—Grants— Reports. Department of commerce: Chapter 43.330 RCW. [Title 28A RCW—page 69] 28A.215.010 Title 28A RCW: Common School Provisions NURSERY SCHOOLS, PRESCHOOLS, AND BEFORE-AND-AFTER SCHOOL CARE 28A.215.010 Authority of school boards. The board of directors of any school district shall have the power to establish and maintain preschools and to provide before-andafter-school and vacation care in connection with the common schools of said district located at such points as the board shall deem most suitable for the convenience of the public, for the care and instruction of infants and children residing in said district. The board shall establish such courses, activities, rules, and regulations governing preschools and before-and-after-school care as it may deem best: PROVIDED, That these courses and activities shall meet the minimum standard for such preschools as established by the United States department of health, education and welfare, or its successor agency, and the superintendent of public instruction. Except as otherwise provided by state or federal law, the board of directors may fix a reasonable charge for the care and instruction of children attending such schools. The board may, if necessary, supplement such funds as are received for the superintendent of public instruction or any agency of the federal government, by an appropriation from the general school fund of the district. [2006 c 263 § 410; 1995 c 335 § 104; 1969 ex.s. c 223 § 28A.34.010. Prior: 1945 c 247 § 1; 1943 c 220 § 1; Rem. Supp. 1945 § 5109-1. Formerly RCW 28A.34.010, 28.34.010.] 28A.215.010 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.215.020 Allocations of state or federal funds— Rules. Expenditures under federal funds and/or state appropr iatio ns mad e to carr y ou t th e pu rp oses of RCW 28A.215.010 through 28A.215.050 shall be made by warrants issued by the state treasurer upon order of the superintendent of public instruction. The superintendent of public instruction shall make necessary rules to carry out the purpose of RCW 28A.215.010. After being notified by the office of the governor that there is an agency or department responsible for early learning, the superintendent shall consult with that agency when establishing relevant rules. [2006 c 263 § 411; 1995 c 335 § 308; 1990 c 33 § 210; 1969 ex.s. c 223 § 28A.34.020. Prior: 1943 c 220 § 2; Rem. Supp. 1943 § 5109-2. Formerly RCW 28A.34.020, 28.34.020, 28.34.030.] 28A.215.020 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.215.030 Allocations pending receipt of federal funds. In the event the legislature appropriates any moneys to carry out the purposes of RCW 28A.215.010 through 28A.215.050, allocations therefrom may be made to school districts for the purpose of underwriting allocations made or requested from federal funds until such federal funds are available. Any school district may allocate a portion of its funds for the purpose of carrying out the provisions of RCW 28A.215.010 through 28A.215.050 pending the receipt of reimbursement from funds made available by acts of con28A.215.030 [Title 28A RCW—page 70] gress. [1995 c 335 § 309; 1990 c 33 § 211; 1969 ex.s. c 223 § 28A.34.040. Prior: 1943 c 220 § 3; Rem. Supp. 1943 § 5109-3. Formerly RCW 28A.34.040, 28.34.040.] Additional notes found at www.leg.wa.gov 28A.215.040 Establishment and maintenance discretionary. Every board of directors shall have power to establish, equip and maintain preschools and/or provide beforeand-after-school care for children of working parents, in cooperation with the federal government or any of its agencies, when in their judgment the best interests of their district will be subserved thereby. [1995 c 335 § 105; 1973 1st ex.s. c 154 § 45; 1969 ex.s. c 223 § 28A.34.050. Prior: 1943 c 220 § 5; Rem. Supp. 1943 § 5109-5. Formerly RCW 28A.34.050, 28.34.050.] 28A.215.040 Additional notes found at www.leg.wa.gov 28A.215.050 Additional authority—Contracts with private and public entities—Charges—Transportation services. As a supplement to the authority otherwise granted by RCW 28A.215.010 through 28A.215.050 respecting the care or instruction, or both, of children in general, the board of directors of any school district may only utilize funds outside the state basic education appropriation and the state school transportation appropriation to: (1) Contract with public and private entities to conduct all or any portion of the management and operation of a child care program at a school district site or elsewhere; (2) Establish charges based upon costs incurred under this section and provide for the reduction or waiver of charges in individual cases based upon the financial ability of the parents or legal guardians of enrolled children to pay the charges, or upon their provision of other valuable consideration to the school district; and (3) Transport children enrolled in a child care program to the program and to related sites using district-owned school buses and other motor vehicles, or by contracting for such transportation and related services: PROVIDED, That no child three years of age or younger shall be transported under the provisions of this section unless accompanied by a parent or guardian. [1995 c 335 § 310; 1990 c 33 § 212; 1987 c 487 § 1. Formerly RCW 28A.34.150.] 28A.215.050 Additional notes found at www.leg.wa.gov 28A.215.060 Community learning center program— Purpose—Grants—Reports. (1) The Washington community learning center program is established. The program shall be administered by the office of the superintendent of public instruction. The purposes of the program include: (a) Supporting the creation or expansion of community learning centers that provide students with tutoring and educational enrichment when school is not in session; (b) Providing training and professional development for community learning center program staff; (c) Increasing public awareness of the availability and benefits of after-school programs; and (d) Supporting statewide after-school intermediary organizations in their efforts to provide leadership, coordination, technical assistance, professional development, advocacy, and programmatic support to the Washington community 28A.215.060 (2010 Ed.) Traffic Safety learning center programs and after-school programs throughout the state. (2)(a) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction may provide community learning center grants to any public or private organization that meets the eligibility criteria of the federal twenty-first century community learning centers program. (b) Priority may be given to grant requests submitted jointly by one or more schools or school districts and one or more community-based organizations or other nonschool partners. (c) Priority may also be given to grant requests for after-school programs focusing on improving mathematics achievement, particularly for middle and junior high school students. (d) Priority shall be given to grant requests that: (i) Focus on improving reading and mathematics proficiency for students who attend schools that have been identified as being in need of improvement under section 1116 of Title I of the federal no child left behind act of 2001; and (ii) Include a public/private partnership agreement or proposal for how to provide free transportation for those students in need that are involved in the program. (3) Community learning center grant funds may be used to carry out a broad array of out-of-school activities that support and enhance academic achievement. The activities may include but need not be limited to: (a) Remedial and academic enrichment; (b) Mathematics, reading, and science education; (c) Arts and music education; (d) Entrepreneurial education; (e) Community service; (f) Tutoring and mentoring programs; (g) Programs enhancing the language skills and academic achievement of limited English proficient students; (h) Recreational and athletic activities; (i) Telecommunications and technology education; (j) Programs that promote parental involvement and family literacy; (k) Drug and violence prevention, counseling, and character education programs; and (l) Programs that assist students who have been truant, suspended, or expelled, to improve their academic achievement. (4) Each community learning center grant may be made for a maximum of five years. Each grant recipient shall report annually to the office of the superintendent of public instruction on what transportation services are being used to assist students in accessing the program and how those services are being funded. Based on this information, the office of the superintendent of public instruction shall compile a list of transportation service options being used and make that list available to all after-school program providers that were eligible for the community learning center program grants. (5) To the extent that funding is available for this purpose, the office of the superintendent of public instruction may provide grants or other support for the training and professional development of community learning center staff, the activities of intermediary after-school organizations, and efforts to increase public awareness of the availability and benefits of after-school programs. (2010 Ed.) 28A.220.020 (6) Schools or school districts that receive a community learning center grant under this section may seek approval from the office of the superintendent of public instruction for flexibility to use a portion of their state transportation funds for the costs of transporting students to and from the community learning center program. (7) The office of the superintendent of public instruction shall evaluate program outcomes and report to the governor and the education committees of the legislature on the outcomes of the grants and make recommendations related to program modification, sustainability, and possible expansion. An interim report is due November 1, 2008. A final report is due December 1, 2009. [2008 c 169 § 1; 2007 c 400 § 5.] Capt ion s n ot l aw— 200 7 c 400 : See no te fol lo win g R CW 28A.150.210. Chapter 28A.220 Chapter 28A.220 RCW TRAFFIC SAFETY Sections 28A.220.010 Legislative declaration. 28A.220.020 Definitions. 28A.220.030 Administration of program—Powers and duties of school officials. 28A.220.040 Fiscal support—Reimbursement to school districts—Enrollment fees—Deposit. 28A.220.050 Information on proper use of left-hand lane. 28A.220.060 Information on effects of alcohol and drug use. 28A.220.070 Rules. 28A.220.080 Information on motorcycle awareness. 28A.220.085 Information on driving safely among bicyclists and pedestrians. 28A.220.900 Purpose. 28A.220.010 Legislative declaration. It is the purpose of chapter 76, Laws of 1977 to provide the students of the state with an improved quality traffic safety education program and to develop in the youth of this state a knowledge of the motor vehicle laws, an acceptance of personal responsibility on the public highways, an understanding of the causes and consequences of traffic accidents, and to provide training in the skills necessary for the safe operation of motor vehicles; to provide financial assistance to the various school districts while permitting them to achieve economies through options in the choice of course content and methods of instructions by adopting in whole or with modifications, a program prepared by the office of the superintendent of public instruction, and keeping to a minimum the amount of estimating, bookkeeping and reporting required of said school districts for financial reimbursement for such traffic safety education programs. [1977 c 76 § 1. Formerly RCW 28A.08.005, 46.81.005.] 28A.220.010 Additional notes found at www.leg.wa.gov 28A.220.020 Definitions. The following words and phrases whenever used in chapter 28A.220 RCW shall have the following meaning: (1) "Superintendent" or "state superintendent" shall mean the superintendent of public instruction. (2) "Traffic safety education course" shall mean an accredited course of instruction in traffic safety education which shall consist of two phases, classroom instruction, and 28A.220.020 [Title 28A RCW—page 71] 28A.220.030 Title 28A RCW: Common School Provisions laboratory experience. "Laboratory experience" shall include on-street, driving range, or simulator experience or some combination thereof. Each phase shall meet basic course requirements which shall be established by the superintendent of public instruction and each part of said course shall be taught by a qualified teacher of traffic safety education. Any portions of the course may be taught after regular school hours or on Saturdays as well as on regular school days or as a summer school course, at the option of the local school districts. (3) "Qualified teacher of traffic safety education" shall mean an instructor certificated under the provisions of chapter 28A.410 RCW and certificated by the superintendent of public instruction to teach either the classroom phase or the laboratory phase of the traffic safety education course, or both, under regulations promulgated by the superintendent: PROVIDED, That the laboratory experience phase of the traffic safety education course may be taught by instructors certificated under rules promulgated by the superintendent of public instruction, exclusive of any requirement that the instructor be certificated under the provisions of chapter 28A.410 RCW. Professional instructors certificated under the provisions of chapter 46.82 RCW, and participating in this program, shall be subject to reasonable qualification requirements jointly adopted by the superintendent of public instruction and the director of licensing. (4) "Realistic level of effort" means the classroom and laboratory student learning experiences considered acceptable to the superintendent of public instruction that must be satisfactorily accomplished by the student in order to successfully complete the traffic safety education course. [1990 c 33 § 218; 1979 c 158 § 195; 1977 c 76 § 2; 1969 ex.s. c 218 § 1; 1963 c 39 § 2. Formerly RCW 28A.08.010, 46.81.010.] Additional notes found at www.leg.wa.gov 28A.220.030 28A.220.030 Administration of program—Powers and duties of school officials. (1) The superintendent of public instruction is authorized to establish a section of traffic safety education, and through such section shall: Define a "realistic level of effort" required to provide an effective traffic safety education course, establish a level of driving competency required of each student to successfully complete the course, and ensure that an effective statewide program is implemented and sustained, administer, supervise, and develop the traffic safety education program and shall assist local school districts in the conduct of their traffic safety education programs. The superintendent shall adopt necessary rules and regulations governing the operation and scope of the traffic safety education program; and each school district shall submit a report to the superintendent on the condition of its traffic safety education program: PROVIDED, That the superintendent shall monitor the quality of the program and carry out the purposes of this chapter. (2) The board of directors of any school district maintaining a secondary school which includes any of the grades 10 to 12, inclusive, may establish and maintain a traffic safety education course. If a school district elects to offer a traffic safety education course and has within its boundaries a private accredited secondary school which includes any of the grades 10 to 12, inclusive, at least one class in traffic safety [Title 28A RCW—page 72] education shall be given at times other than regular school hours if there is sufficient demand therefor. (3) The board of directors of a school district, or combination of school districts, may contract with any drivers’ school licensed under the provisions of chapter 46.82 RCW to teach the laboratory phase of the traffic safety education course. Instructors provided by any such contracting drivers’ school must be properly qualified teachers of traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction and the director of licensing. (4) The superintendent shall establish a required minimum number of hours of continuing traffic safety education for traffic safety education instructors. The superintendent may phase in the requirement over not more than five years. [2000 c 115 § 9; 1979 c 158 § 196; 1977 c 76 § 3; 1969 ex.s. c 218 § 2; 1963 c 39 § 3. Formerly RCW 28A.08.020, 46.81.020.] Finding—2000 c 115: See note following RCW 46.20.075. Effective date—2000 c 115 §§ 1-10: See note following RCW 46.20.075. Additional notes found at www.leg.wa.gov 28A.220.040 Fiscal support—Reimbursement to school districts—Enrollment fees—Deposit. (1) Each school district shall be reimbursed from funds appropriated for traffic safety education. (a) The state superintendent shall determine the perpupil reimbursement amount for the traffic safety education course to be funded by the state. Each school district offering an approved standard traffic safety education course shall be reimbursed or granted an amount up to the level established by the superintendent of public instruction as may be appropriated. (b) The state superintendent may provide per-pupil reimbursements to school districts only where all the traffic educators have satisfied the continuing education requirement of RCW 28A.220.030(4). (2) The board of directors of any school district or combination of school districts may establish a traffic safety education fee, which fee when imposed shall be required to be paid by any duly enrolled student in any such school district prior to or while enrolled in a traffic safety education course. Traffic safety education fees collected by a school district shall be deposited with the county treasurer to the credit of such school district, to be used to pay costs of the traffic safety education course. [2000 c 115 § 10; 1984 c 258 § 331; 1977 c 76 § 4; 1969 ex.s. c 218 § 6; 1967 ex.s. c 147 § 5; 1963 c 39 § 8. Formerly RCW 28A.08.070, 46.81.070.] 28A.220.040 Finding—2000 c 115: See note following RCW 46.20.075. Effective date—2000 c 115 §§ 1-10: See note following RCW 46.20.075. Intent—1984 c 258: See note following RCW 3.34.130. Traffic safety commission: Chapter 43.59 RCW. Additional notes found at www.leg.wa.gov 28A.220.050 Information on proper use of left-hand lane. The superintendent of public instruction shall include information on the proper use of the left-hand lane on multilane highways in instructional material used in traffic safety 28A.220.050 (2010 Ed.) Compulsory School Attendance and Admission education courses. [1986 c 93 § 4. Formerly RCW 28A.08.080.] Keep right except when passing, etc: RCW 46.61.100. 28A.220.060 28A.220.060 Information on effects of alcohol and drug use. The superintendent of public instruction shall include information on the effects of alcohol and drug use on motor vehicle operators, including information on drug and alcohol related traffic injury and mortality rates in the state of Washington, and current penalties for driving under the influence of drugs or alcohol in instructional material used in traffic safety education courses. [1991 c 217 § 2.] 28A.220.070 28A.220.070 Rules. The superintendent of public instruction, in consultation with the department of licensing, shall adopt rules for implementing RCW 46.20.075(1)(d). [2000 c 115 § 11.] Finding—2000 c 115: See note following RCW 46.20.075. 28A.220.080 28A.220.080 Information on motorcycle awareness. The superintendent of public instruction shall include information on motorcycle awareness, approved by the director of licensing, in instructional material used in traffic safety education courses, to ensure new operators of motor vehicles have been instructed in the importance of safely sharing the road with motorcyclists. [2007 c 97 § 4; 2004 c 126 § 1.] 28A.220.085 28A.220.085 Information on driving safely among bicyclists and pedestrians. The superintendent of public instruction shall require that information on driving safely among bicyclists and pedestrians, approved by the director of the department of licensing, be included in instructional material used in traffic safety education courses, to ensure that new operators of motor vehicles have been instructed in safely sharing the road with bicyclists and pedestrians. [2008 c 125 § 4.] Findings—Short title—2008 c 125: See notes following RCW 46.82.420. 28A.220.900 28A.220.900 Purpose. It is the purpose of this act to provide the financial assistance necessary to enable each high school district to offer a course in traffic safety education and by that means to develop in the youth of this state a knowledge of the motor vehicle laws, an acceptance of personal responsibility on the public highways, and an understanding of the causes and consequences of traffic accidents, with an emphasis on the consequences, both physical and legal, of the use of drugs or alcohol in relation to operating a motor vehicle. The course in traffic safety education shall further provide to the youthful drivers of this state training in the skills necessary for the safe operation of motor vehicles. [1991 c 217 § 1; 1969 ex.s. c 218 § 7; 1963 c 39 § 1. Formerly RCW 28A.08.900, 46.81.900.] (2010 Ed.) 28A.225.005 Chapter 28A.225 RCW COMPULSORY SCHOOL ATTENDANCE AND ADMISSION Chapter 28A.225 Sections 28A.225.005 Compulsory education, requirements—Informing students and parents annually. 28A.225.010 Attendance mandatory—Age—Exceptions. 28A.225.015 Attendance mandatory—Six or seven year olds—Unexcused absences—Petition. 28A.225.020 School’s duties upon child’s failure to attend school. 28A.225.025 Community truancy boards. 28A.225.030 Petition to juvenile court for violations by a parent or child— School district responsibilities. 28A.225.031 Alcohol or controlled substances testing—Authority to order. 28A.225.035 Petition to juvenile court—Contents—Court action—Referral to community truancy board—Transfer of jurisdiction upon relocation. 28A.225.055 Excused absences—Search and rescue activities. 28A.225.060 Custody and disposition of child absent from school without excuse. 28A.225.080 Employment permits. 28A.225.090 Court orders—Penalties—Parents’ defense. 28A.225.095 Authority of court commissioners and family law commissioners to hear cases under this chapter. 28A.225.110 Fines applied to support of schools. 28A.225.115 Educational services—Funding for children referred to community truancy board. 28A.225.140 Enforcing officers not personally liable for costs. 28A.225.151 Reports. 28A.225.160 Qualification for admission to district’s schools—Fees for preadmission screening. 28A.225.170 Admission to schools—Children on United States reservations—Idaho residents with Washington addresses. 28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption. 28A.225.210 Admission of district pupils tuition free. 28A.225.215 Enrollment of children without legal residences. 28A.225.217 Children of military families—Continued enrollment in district schools. 28A.225.220 Adults, children from other districts, agreements for attending school—Tuition. 28A.225.225 Applications from nonresident students or students receiving home-based instruction to attend district school—School employees’ children—Acceptance and rejection standards—Notification. 28A.225.230 Appeal from certain decisions to deny student’s request to attend nonresident district—Procedure. 28A.225.240 Apportionment credit. 28A.225.250 Cooperative programs among school districts—Rules. 28A.225.260 Reciprocity exchanges with other states. 28A.225.270 Intradistrict enrollment options policies. 28A.225.280 Transfer students’ eligibility for extracurricular activities. 28A.225.290 Enrollment options information booklet (as amended by 2009 c 450). 28A.225.290 Enrollment options information booklet—Posting on web site (as amended by 2009 c 524). 28A.225.290 Enrollment options information (as amended by 2009 c 556). 28A.225.300 Enrollment options information to parents. 28A.225.310 Attendance in school district of choice—Impact on existing cooperative arrangements. 28A.225.330 Enrolling students from other districts—Requests for information and permanent records—Withheld transcripts— Immunity from liability—Notification to teachers and security personnel—Rules. 28A.225.005 Compulsory education, requirements— Informing students and parents annually. Each school within a school district shall inform the students and the parents of the students enrolled in the school about the compulsory education requirements under this chapter. The school shall provide access to the information at least annually. Providing online access to the information satisfies the requirements of this section unless a parent or guardian specifically requests information to be provided in written form. [2009 c 556 § 5; 1992 c 205 § 201.] 28A.225.005 Additional notes found at www.leg.wa.gov [Title 28A RCW—page 73] 28A.225.010 Title 28A RCW: Common School Provisions 28A.225.010 Attendance mandatory—Age—Exceptions. (1) All parents in this state of any child eight years of age and under eighteen years of age shall cause such child to attend the public school of the district in which the child resides and such child shall have the responsibility to and therefore shall attend for the full time when such school may be in session unless: (a) The child is attending an approved private school for the same time or is enrolled in an extension program as provided in RCW 28A.195.010(4); (b) The child is receiving home-based instruction as provided in subsection (4) of this section; (c) The child is attending an education center as provided in chapter 28A.205 RCW; (d) The school district superintendent of the district in which the child resides shall have excused such child from attendance because the child is physically or mentally unable to attend school, is attending a residential school operated by the department of social and health services, is incarcerated in an adult correctional facility, or has been temporarily excused upon the request of his or her parents for purposes agreed upon by the school authorities and the parent: PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the student’s educational progress: PROVIDED FURTHER, That students excused for such temporary absences may be claimed as full time equivalent students to the extent they would otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260 and shall not affect school district compliance with the provisions of RCW 28A.150.220; or (e) The child is sixteen years of age or older and: (i) The child is regularly and lawfully employed and either the parent agrees that the child should not be required to attend school or the child is emancipated in accordance with chapter 13.64 RCW; (ii) The child has already met graduation requirements in accordance with state board of education rules and regulations; or (iii) The child has received a certificate of educational competence under rules and regulations established by the state board of education under RCW 28A.305.190. (2) A parent for the purpose of this chapter means a parent, guardian, or person having legal custody of a child. (3) An approved private school for the purposes of this chapter and chapter 28A.200 RCW shall be one approved under regulations established by the state board of education pursuant to RCW 28A.305.130. (4) For the purposes of this chapter and chapter 28A.200 RCW, instruction shall be home-based if it consists of planned and supervised instructional and related educational activities, including a curriculum and instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of an appreciation of art and music, provided for a number of hours equivalent to the total annual program hours per grade level established for approved private schools under RCW 28A.195.010 and 28A.195.040 and if such activities are: (a) Provided by a parent who is instructing his or her child only and are supervised by a certificated person. A cer28A.225.010 [Title 28A RCW—page 74] tificated person for purposes of this chapter and chapter 28A.200 RCW shall be a person certified under chapter 28A.410 RCW. For purposes of this section, "supervised by a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this subsection; a minimum each month of an average of one contact hour per week with the child being supervised by the certificated person; and evaluation of such child’s progress by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for purposes of this subsection; or (b) Provided by a parent who is instructing his or her child only and who has either earned forty-five college level quarter credit hours or its equivalent in semester hours or has completed a course in home-based instruction at a postsecondary institution or a vocational-technical institute; or (c) Provided by a parent who is deemed sufficiently qualified to provide home-based instruction by the superintendent of the local school district in which the child resides. (5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore, the provisions of subsection (4) of this section relating to the nature and quantity of instructional and related educational activities shall be liberally construed. [1998 c 244 § 14; 1996 c 134 § 1; 1990 c 33 § 219; 1986 c 132 § 1; 1985 c 441 § 1; 1980 c 59 § 1; 1979 ex.s. c 201 § 4; 1973 c 51 § 1; 1972 ex.s. c 10 § 2. Prior: 1971 ex.s. c 215 § 2; 1971 ex.s. c 51 § 1; 1969 ex.s. c 109 § 2; 1969 ex.s. c 223 § 28A.27.010; prior: 1909 p 364 § 1; RRS § 5072; prior: 1907 c 240 § 7; 1907 c 231 § 1; 1905 c 162 § 1; 1903 c 48 § 1; 1901 c 177 § 11; 1899 c 140 § 1; 1897 c 118 § 71. Formerly RCW 28A.27.010, 28.27.010.] Private schools: RCW 28A.305.130(5), 28A.195.010 through 28A.195.050. Work permits for minors required: RCW 49.12.123. Additional notes found at www.leg.wa.gov 28A.225.015 Attendance mandatory—Six or seven year olds—Unexcused absences—Petition. (1) If a parent enrolls a child who is six or seven years of age in a public school, the child is required to attend and that parent has the responsibility to ensure the child attends for the full time that school is in session. An exception shall be made to this requirement for children whose parents formally remove them from enrollment if the child is less than eight years old and a petition has not been filed against the parent under subsection (3) of this section. The requirement to attend school under this subsection does not apply to a child enrolled in a public school part-time for the purpose of receiving ancillary services. A child required to attend school under this subsection may be temporarily excused upon the request of his or her parent for purposes agreed upon by the school district and parent. (2) If a six or seven year-old child is required to attend public school under subsection (1) of this section and that child has unexcused absences, the public school in which the child is enrolled shall: (a) Inform the child’s custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence within any month during the current school year; 28A.225.015 (2010 Ed.) Compulsory School Attendance and Admission (b) Request a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of analyzing the causes of the child’s absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and (c) Take steps to eliminate or reduce the child’s absences. These steps shall include, where appropriate, adjusting the child’s school program or school or course assignment, providing more individualized or remedial instruction, offering assistance in enrolling the child in available alternative schools or programs, or assisting the parent or child to obtain supplementary services that may help eliminate or ameliorate the cause or causes for the absence from school. (3) If a child required to attend public school under subsection (1) of this section has seven unexcused absences in a month or ten unexcused absences in a school year, the school district shall file a petition for civil action as provided in RCW 28A.225.035 against the parent of the child. (4) This section does not require a six or seven year old child to enroll in a public or private school or to receive home-based instruction. This section only applies to six or seven year old children whose parents enroll them full time in public school and do not formally remove them from enrollment as provided in subsection (1) of this section. [1999 c 319 § 6.] 28A.225.020 School’s duties upon child’s failure to attend school. (1) If a child required to attend school under RCW 28A.225.010 fails to attend school without valid justification, the public school in which the child is enrolled shall: (a) Inform the child’s custodial parent, parents, or guardian by a notice in writing or by telephone whenever the child has failed to attend school after one unexcused absence within any month during the current school year. School officials shall inform the parent of the potential consequences of additional unexcused absences. If the custodial parent, parents, or guardian is not fluent in English, the preferred practice is to provide this information in a language in which the custodial parent, parents, or guardian is fluent; (b) Schedule a conference or conferences with the custodial parent, parents, or guardian and child at a time reasonably convenient for all persons included for the purpose of analyzing the causes of the child’s absences after two unexcused absences within any month during the current school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second unexcused absence, then the school district may schedule this conference on that day; and (c) Take steps to eliminate or reduce the child’s absences. These steps shall include, where appropriate, adjusting the child’s school program or school or course assignment, providing more individualized or remedial instruction, providing appropriate vocational courses or work experience, referring the child to a community truancy board, if available, requiring the child to attend an alternative school or program, or assisting the parent or child to obtain supple28A.225.020 (2010 Ed.) 28A.225.025 mentary services that might eliminate or ameliorate the cause or causes for the absence from school. If the child’s parent does not attend the scheduled conference, the conference may be conducted with the student and school official. However, the parent shall be notified of the steps to be taken to eliminate or reduce the child’s absence. (2) For purposes of this chapter, an "unexcused absence" means that a child: (a) Has failed to attend the majority of hours or periods in an average school day or has failed to comply with a more restrictive school district policy; and (b) Has failed to meet the school district’s policy for excused absences. (3) If a child transfers from one school district to another during the school year, the receiving school or school district shall include the unexcused absences accumulated at the previous school or from the previous school district for purposes of this section, RCW 28A.225.030, and 28A.225.015. [2009 c 266 § 1; 1999 c 319 § 1; 1996 c 134 § 2; 1995 c 312 § 67; 1992 c 205 § 202; 1986 c 132 § 2; 1979 ex.s. c 201 § 1. Formerly RCW 28A.27.020.] Additional notes found at www.leg.wa.gov 28A.225.025 28A.225.025 Community truancy boards. (1) For purposes of this chapter, "community truancy board" means a board composed of members of the local community in which the child attends school. Juvenile courts may establish and operate community truancy boards. If the juvenile court and the school district agree, a school district may establish and operate a community truancy board under the jurisdiction of the juvenile court. Juvenile courts may create a community truancy board or may use other entities that exist or are created, such as diversion units. However, a diversion unit or other existing entity must agree before it is used as a truancy board. Duties of a community truancy board shall include, but not be limited to, recommending methods for improving school attendance such as assisting the parent or the child to obtain supplementary services that might eliminate or ameliorate the causes for the absences or suggesting to the school district that the child enroll in another school, an alternative education program, an education center, a skill center, a dropout prevention program, or another public or private educational program. (2) The legislature finds that utilization of community truancy boards, or other diversion units that fulfill a similar function, is the preferred means of intervention when preliminary methods of notice and parent conferences and taking appropriate steps to eliminate or reduce unexcused absences have not been effective in securing the child’s attendance at school. The legislature intends to encourage and support the development and expansion of community truancy boards and other diversion programs which are effective in promoting school attendance and preventing the need for more intrusive intervention by the court. Operation of a school truancy board does not excuse a district from the obligation of filing a petition within the requirements of RCW 28A.225.015(3). [2009 c 266 § 2; 1999 c 319 § 5; 1996 c 134 § 9; 1995 c 312 § 66.] Additional notes found at www.leg.wa.gov [Title 28A RCW—page 75] 28A.225.030 Title 28A RCW: Common School Provisions 28A.225.030 Petition to juvenile court for violations by a parent or child—School district responsibilities. (1) If a child is required to attend school under RCW 28A.225.010 and if the actions taken by a school district under RCW 28A.225.020 are not successful in substantially reducing an enrolled student’s absences from public school, not later than the seventh unexcused absence by a child within any month during the current school year or not later than the tenth unexcused absence during the current school year the school district shall file a petition and supporting affidavit for a civil action with the juvenile court alleging a violation of RCW 28A.225.010: (a) By the parent; (b) by the child; or (c) by the parent and the child. Except as provided in this subsection, no additional documents need be filed with the petition. (2) The district shall not later than the fifth unexcused absence in a month: (a) Enter into an agreement with a student and parent that establishes school attendance requirements; (b) Refer a student to a community truancy board, if available, as defined in RCW 28A.225.025. The community truancy board shall enter into an agreement with the student and parent that establishes school attendance requirements and take other appropriate actions to reduce the child’s absences; or (c) File a petition under subsection (1) of this section. (3) The petition may be filed by a school district employee who is not an attorney. (4) If the school district fails to file a petition under this section, the parent of a child with five or more unexcused absences in any month during the current school year or upon the tenth unexcused absence during the current school year may file a petition with the juvenile court alleging a violation of RCW 28A.225.010. (5) Petitions filed under this section may be served by certified mail, return receipt requested. If such service is unsuccessful, or the return receipt is not signed by the addressee, personal service is required. [1999 c 319 § 2; 1996 c 134 § 3; 1995 c 312 § 68; 1992 c 205 § 203; 1990 c 33 § 220; 1986 c 132 § 3; 1979 ex.s. c 201 § 2. Formerly RCW 28A.27.022.] 28A.225.030 Additional notes found at www.leg.wa.gov 28A.225.031 Alcohol or controlled substances testing—Authority to order. The authority of a court to issue an order for testing to determine whether the child has consumed or used alcohol or controlled substances applies to all persons subject to a petition under RCW 28A.225.030 regardless of whether the petition was filed before July 27, 1997. [1997 c 68 § 3.] 28A.225.031 28A.225.035 Petition to juvenile court—Contents— Court action—Referral to community truancy board— Transfer of jurisdiction upon relocation. (1) A petition for a civil action under RCW 28A.225.030 or 28A.225.015 shall consist of a written notification to the court alleging that: (a) The child has unexcused absences during the current school year; (b) Actions taken by the school district have not been successful in substantially reducing the child’s absences from school; and 28A.225.035 [Title 28A RCW—page 76] (c) Court intervention and supervision are necessary to assist the school district or parent to reduce the child’s absences from school. (2) The petition shall set forth the name, date of birth, school, address, gender, race, and ethnicity of the child and the names and addresses of the child’s parents, and shall set forth whether the child and parent are fluent in English and whether there is an existing individualized education program. (3) The petition shall set forth facts that support the allegations in this section and shall generally request relief available under this chapter and provide information about what the court might order under RCW 28A.225.090. (4) When a petition is filed under RCW 28A.225.030 or 28A.225.015, the juvenile court shall schedule a hearing at which the court shall consider the petition, or if the court determines that a referral to an available community truancy board would substantially reduce the child’s unexcused absences, the court may refer the case to a community truancy board under the jurisdiction of the juvenile court. (5) If a referral is made to a community truancy board, the truancy board must meet with the child, a parent, and the school district representative and enter into an agreement with the petitioner and respondent regarding expectations and any actions necessary to address the child’s truancy within twenty days of the referral. If the petition is based on RCW 28A.225.015, the child shall not be required to attend and the agreement under this subsection shall be between the truancy board, the school district, and the child’s parent. The court may permit the truancy board or truancy prevention counselor to provide continued supervision over the student, or parent if the petition is based on RCW 28A.225.015. (6) If the truancy board fails to reach an agreement, or the parent or student does not comply with the agreement, the truancy board shall return the case to the juvenile court for a hearing. (7)(a) Notwithstanding the provisions in subsection (4) of this section, a hearing shall not be required if other actions by the court would substantially reduce the child’s unexcused absences. When a juvenile court hearing is held, the court shall: (i) Separately notify the child, the parent of the child, and the school district of the hearing. If the parent is not fluent in English, the preferred practice is for notice to be provided in a language in which the parent is fluent; (ii) Notify the parent and the child of their rights to present evidence at the hearing; and (iii) Notify the parent and the child of the options and rights available under chapter 13.32A RCW. (b) If the child is not provided with counsel, the advisement of rights must take place in court by means of a colloquy between the court, the child if eight years old or older, and the parent. (8) The court may require the attendance of the child if eight years old or older, the parents, and the school district at any hearing on a petition filed under RCW 28A.225.030. (9) A school district is responsible for determining who shall represent the school district at hearings on a petition filed under RCW 28A.225.030 or 28A.225.015. (10) The court may permit the first hearing to be held without requiring that either party be represented by legal (2010 Ed.) Compulsory School Attendance and Admission counsel, and to be held without a guardian ad litem for the child under RCW 4.08.050. At the request of the school district, the court shall permit a school district representative who is not an attorney to represent the school district at any future hearings. (11) If the child is in a special education program or has a diagnosed mental or emotional disorder, the court shall inquire as to what efforts the school district has made to assist the child in attending school. (12) If the allegations in the petition are established by a preponderance of the evidence, the court shall grant the petition and enter an order assuming jurisdiction to intervene for the period of time determined by the court, after considering the facts alleged in the petition and the circumstances of the juvenile, to most likely cause the juvenile to return to and remain in school while the juvenile is subject to this chapter. In no case may the order expire before the end of the school year in which it is entered. (13) If the court assumes jurisdiction, the school district shall regularly report to the court any additional unexcused absences by the child. (14) Community truancy boards and the courts shall coordinate, to the extent possible, proceedings and actions pertaining to children who are subject to truancy petitions and at-risk youth petitions in RCW 13.32A.191 or child in need of services petitions in RCW 13.32A.140. (15) If after a juvenile court assumes jurisdiction in one county the child relocates to another county, the juvenile court in the receiving county shall, upon the request of a school district or parent, assume jurisdiction of the petition filed in the previous county. [2009 c 266 § 3; 2001 c 162 § 1; 1999 c 319 § 3; 1997 c 68 § 1. Prior: 1996 c 134 § 4; 1996 c 133 § 31; 1995 c 312 § 69.] Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197. Additional notes found at www.leg.wa.gov 28A.225.055 Excused absences—Search and rescue activities. The legislature finds that state-recognized search and rescue activities, as defined in chapter 38.52 RCW and the rules interpreting the chapter, are recognized as activities deserving of excuse from school. Therefore, the legislature strongly encourages that excused absences be granted to students for up to five days each year to participate in search and rescue activities, subject to approval by the student’s parent and the principal of the student’s school, and provided that the activities do not cause a serious adverse effect upon the student’s educational progress. [2002 c 214 § 1.] 28A.225.055 28A.225.060 Custody and disposition of child absent from school without excuse. Any school district official, sheriff, deputy sheriff, marshal, police officer, or any other officer authorized to make arrests, may take into custody without a warrant a child who is required under the provisions of RCW 28A.225.010 through 28A.225.140 to attend school and is absent from school without an approved excuse, and shall deliver the child to: (1) The custody of a person in parental relation to the child; (2) the school from which the child is absent; or (3) a program designated by the school district. [1995 c 312 § 73; 1990 c 33 s 223; 1979 ex.s. c 201 s 5; 1977 ex.s. c 291 s 52; 1969 ex.s. c 223 s 28A.27.070. Prior: 28A.225.060 (2010 Ed.) 28A.225.090 1909 c 97 p 366 s 5; RRS s 5076; prior: 1907 c 231 s 5; 1905 c 162 s 5. Formerly RCW 28A.27.070, 28.27.070.] Additional notes found at www.leg.wa.gov 28A.225.080 Employment permits. Except as otherwise provided in this code, no child under the age of fifteen years shall be employed for any purpose by any person, company or corporation, in this state during the hours which the public schools of the district in which such child resides are in session, unless the said child shall present a certificate from a school superintendent as provided for in RCW 28A.225.010, excusing the said child from attendance in the public schools and setting forth the reason for such excuse, the residence and age of the child, and the time for which such excuse is given. Every owner, superintendent, or overseer of any establishment, company or corporation shall keep such certificate on file so long as such child is employed by him or her. The form of said certificate shall be furnished by the superintendent of public instruction. Proof that any child under fifteen years of age is employed during any part of the period in which public schools of the district are in session, shall be deemed prima facie evidence of a violation of this section. [1990 c 33 § 225; 1969 ex.s. c 223 § 28A.27.090. Prior: 1909 c 97 p 365 § 2; RRS § 5073; prior: 1907 c 231 § 2; 1905 c 162 § 2; 1903 c 48 § 2. Formerly RCW 28A.27.090, 28.27.090.] 28A.225.080 28A.225.090 Court orders—Penalties—Parents’ defense. (1) A court may order a child subject to a petition under RCW 28A.225.035 to do one or more of the following: (a) Attend the child’s current school, and set forth minimum attendance requirements, including suspensions; (b) If there is space available and the program can provide educational services appropriate for the child, order the child to attend another public school, an alternative education program, center, a skill center, dropout prevention program, or another public educational program; (c) Attend a private nonsectarian school or program including an education center. Before ordering a child to attend an approved or certified private nonsectarian school or program, the court shall: (i) Consider the public and private programs available; (ii) find that placement is in the best interest of the child; and (iii) find that the private school or program is willing to accept the child and will not charge any fees in addition to those established by contract with the student’s school district. If the court orders the child to enroll in a private school or program, the child’s school district shall contract with the school or program to provide educational services for the child. The school district shall not be required to contract for a weekly rate that exceeds the state general apportionment dollars calculated on a weekly basis generated by the child and received by the district. A school district shall not be required to enter into a contract that is longer than the remainder of the school year. A school district shall not be required to enter into or continue a contract if the child is no longer enrolled in the district; (d) Be referred to a community truancy board, if available; or (e) Submit to testing for the use of controlled substances or alcohol based on a determination that such testing is appro28A.225.090 [Title 28A RCW—page 77] 28A.225.095 Title 28A RCW: Common School Provisions priate to the circumstances and behavior of the child and will facilitate the child’s compliance with the mandatory attendance law and, if any test ordered under this subsection indicates the use of controlled substances or alcohol, order the minor to abstain from the unlawful consumption of controlled substances or alcohol and adhere to the recommendations of the drug assessment at no expense to the school. (2) If the child fails to comply with the court order, the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as community restitution. Failure by a child to comply with an order issued under this subsection shall not be subject to detention for a period greater than that permitted pursuant to a civil contempt proceeding against a child under chapter 13.32A RCW. Detention ordered under this subsection may be for no longer than seven days. A warrant of arrest for a child under this subsection may not be served on a child inside of school during school hours in a location where other students are present. (3) Any parent violating any of the provisions of either RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be fined not more than twenty-five dollars for each day of unexcused absence from school. The court shall remit fifty percent of the fine collected under this section to the child’s school district. It shall be a defense for a parent charged with violating RCW 28A.225.010 to show that he or she exercised reasonable diligence in attempting to cause a child in his or her custody to attend school or that the child’s school did not perform its duties as required in RCW 28A.225.020. The court may order the parent to provide community restitution instead of imposing a fine. Any fine imposed pursuant to this section may be suspended upon the condition that a parent charged with violating RCW 28A.225.010 shall participate with the school and the child in a supervised plan for the child’s attendance at school or upon condition that the parent attend a conference or conferences scheduled by a school for the purpose of analyzing the causes of a child’s absence. (4) If a child continues to be truant after entering into a court-approved order with the truancy board under RCW 28A.225.035, the juvenile court shall find the child in contempt, and the court may order the child to be subject to detention, as provided in RCW 7.21.030(2)(e), or may impose alternatives to detention such as meaningful community restitution. Failure by a child to comply with an order issued under this subsection may not subject a child to detention for a period greater than that permitted under a civil contempt proceeding against a child under chapter 13.32A RCW. (5) Subsections (1), (2), and (4) of this section shall not apply to a six or seven year-old child required to attend public school under RCW 28A.225.015. [2009 c 266 § 4; 2008 c 171 § 1; 2002 c 175 § 29. Prior: 2000 c 162 § 15; 2000 c 162 § 6; 2000 c 61 § 1; 1999 c 319 § 4; 1998 c 296 § 39; 1997 c 68 § 2; prior: 1996 c 134 § 6; 1996 c 133 § 32; 1995 c 312 § 74; 1992 c 205 § 204; 1990 c 33 § 226; 1987 c 202 § 189; 1986 c 132 § 5; 1979 ex.s. c 201 § 6; 1969 ex.s. c 223 § 28A.27.100; prior: 1909 c 97 p 365 § 3; RRS § 5074; prior: 1907 c 231 § 3; 1905 c 162 § 3. Formerly RCW 28A.27.100, 28.27.100.] Effective date—2002 c 175: See note following RCW 7.80.130. Effective date—2000 c 162 §§ 11-17: See note following RCW 13.32A.060. [Title 28A RCW—page 78] Findings—Intent—1998 c 296 §§ 36-39: See note following RCW 7.21.030. Findings—Intent—Part headings not law—Short title—1998 c 296: See notes following RCW 74.13.025. Findings—Short title—Intent—Construction—1996 c 133: See notes following RCW 13.32A.197. Intent—1987 c 202: See note following RCW 2.04.190. Additional notes found at www.leg.wa.gov 28A.225.095 Authority of court commissioners and family law commissioners to hear cases under this chapter. In any judicial district having a court commissioner, the court commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear all cases under RCW 28A.225.030, 28A.225.090, and 28A.225.035 and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. In any judicial district having a family law commissioner appointed pursuant to chapter 26.12 RCW, the family law commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases under RCW 28A.225.030, 28A.225.090, and 28A.225.035 and to enter judgment and make orders with the same power, force, and effect as any judge of the juvenile court, subject to motion or demand by any party within ten days from the entry of the order or judgment by the court commissioner as provided in RCW 2.24.050. [1995 c 312 § 71.] 28A.225.095 Additional notes found at www.leg.wa.gov 28A.225.110 Fines applied to support of schools. Notwithstanding the provisions of RCW 10.82.070, fifty percent of all fines except as otherwise provided in RCW 28A.225.010 through 28A.225.140 shall be applied to the support of the public schools in the school district where such offense was committed: PROVIDED, That all fees, fines, forfeitures, and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW, and fifty percent shall be paid to the county treasurer who shall deposit such amount to the credit of the courts in the county for the exclusive purpose of enforcing the provisions of RCW 28A.225.010 through 28A.225.140. [1995 c 312 § 75; 1990 c 33 § 228; 1987 c 202 § 191; 1969 ex.s. c 199 § 54; 1969 ex.s. c 223 § 28A.27.104. Prior: 1909 c 97 p 368 § 11; RRS § 5082; prior: 1907 c 231 § 12; 1905 c 162 § 11. Formerly RCW 28A.27.104, 28.27.104, 28.27.100, part.] 28A.225.110 Intent—1987 c 202: See note following RCW 2.04.190. Additional notes found at www.leg.wa.gov 28A.225.115 Educational services—Funding for children referred to community truancy board. The superintendent of public instruction, subject to available funding, shall allocate funds to provide educational services for children who have been referred to a community truancy board or to the courts under RCW 28A.225.030. The funds shall be used on behalf of such children for enrollment in skill centers, education centers, alternative programs, and in other public or private educational programs. Decisions regarding 28A.225.115 (2010 Ed.) Compulsory School Attendance and Admission the expenditure of the funds shall be made by the community truancy board or the courts, whichever is applicable. The amount of the assistance for each child shall be determined in accordance with the omnibus appropriations act. These funds shall be in excess of any other funds provided through RCW 28A.150.260 as basic education and other state, federal, or local sources. [1996 c 134 § 11.] 28A.225.140 28A.225.140 Enforcing officers not personally liable for costs. No officer performing any duty under any of the provisions of RCW 28A.225.010 through 28A.225.140, or under the provisions of any rules that may be passed in pursuance hereof, shall in any wise become liable for any costs that may accrue in the performance of any duty prescribed by RCW 28A.225.010 through 28A.225.140. [1990 c 33 § 231; 1969 ex.s. c 223 § 28A.27.130. Prior: 1909 c 97 p 368 § 12; RRS § 5083; prior: 1907 c 231 § 13; 1905 c 162 § 12. Formerly RCW 28A.27.130, 28.27.130.] 28A.225.151 28A.225.151 Reports. (1) As required under subsection (2) of this section, each school shall document the actions taken under RCW 28A.225.030 and report this information to the school district superintendent who shall compile the data for all the schools in the district and prepare an annual school district report for each school year and submit the report to the superintendent of public instruction. The reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction. (2) The reports under subsection (1) of this section shall include: (a) The number of enrolled students and the number of unexcused absences; (b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020 at the request of the superintendent of public instruction. Each year, by May 1st, the superintendent of public instruction shall select ten school districts to submit the report at the end of the following school year. The ten districts shall represent different areas of the state and be of varied sizes. In addition, the superintendent of public instruction shall require any district that fails to keep appropriate records to submit a full report to the superintendent of public instruction under this subsection. All school districts shall document steps taken under RCW 28A.225.020 in each student’s record, and make those records available upon request consistent with the laws governing student records; (c) The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month during a school year; (d) A description of any programs or schools developed to serve students who have had five or more unexcused absences in a month or ten in a year including information about the number of students in the program or school and the number of unexcused absences of students during and after participation in the program. The school district shall also describe any placements in an approved private nonsectarian school or program or certified program under a court order under RCW 28A.225.090; and (2010 Ed.) 28A.225.170 (e) The number of petitions filed by a school district with the juvenile court. (3) A report required under this section shall not disclose the name or other identification of a child or parent. (4) The superintendent of public instruction shall collect these reports from all school districts and prepare an annual report for each school year to be submitted to the legislature no later than December 15th of each year. [1996 c 134 § 5; 1995 c 312 § 72.] Additional notes found at www.leg.wa.gov 28A.225.160 Qualification for admission to district’s schools—Fees for preadmission screening. (1) Except as provided in subsection (2) of this section and otherwise provided by law, it is the general policy of the state that the common schools shall be open to the admission of all persons who are five years of age and less than twenty-one years residing in that school district. Except as otherwise provided by law or rules adopted by the superintendent of public instruction, districts may establish uniform entry qualifications, including but not limited to birth date requirements, for admission to kindergarten and first grade programs of the common schools. Such rules may provide for exceptions based upon the ability, or the need, or both, of an individual student. For the purpose of complying with any rule adopted by the superintendent of public instruction that authorizes a preadmission screening process as a prerequisite to granting exceptions to the uniform entry qualifications, a school district may collect fees to cover expenses incurred in the administration of any preadmission screening process: PROVIDED, That in so establishing such fee or fees, the district shall adopt rules for waiving and reducing such fees in the cases of those persons whose families, by reason of their low income, would have difficulty in paying the entire amount of such fees. (2) A student who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010 shall be permitted to continue enrollment at the grade level in the common schools commensurate with the grade level of the student when attending school in the sending state as defined in Article II of RCW 28A.705.010, regardless of age or birthdate requirements. [2009 c 380 § 3; 2006 c 263 § 703; 1999 c 348 § 5; 1986 c 166 § 1; 1979 ex.s. c 250 § 4; 1977 ex.s. c 359 § 14; 1969 ex.s. c 223 § 28A.58.190. Prior: 1909 c 97 p 261 § 1, part; RRS § 4680, part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44, part. Formerly RCW 28A.58.190, 28.58.190 part, 28.01.060.] 28A.225.160 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—1999 c 348: See note following RCW 28A.205.010. Basic Education Act, RCW 28A.225.160 as part of: RCW 28A.150.200. Additional notes found at www.leg.wa.gov 28A.225.170 Admission to schools—Children on United States reservations—Idaho residents with Washington addresses. (1) Any child who is of school age and otherwise eligible residing within the boundaries of any military, naval, lighthouse, or other United States reservation, national park, or national forest or residing upon rented or leased undeeded lands within any Indian reservation within 28A.225.170 [Title 28A RCW—page 79] 28A.225.200 Title 28A RCW: Common School Provisions the state of Washington, shall be admitted to the public school, or schools, of any contiguous district without payment of tuition: PROVIDED, That the United States authorities in charge of such reservation or park shall cooperate fully with state, county, and school district authorities in the enforcement of the laws of this state relating to the compulsory attendance of children of school age, and all laws relating to and regulating school attendance. (2) Any child who is of school age and otherwise eligible, residing in a home that is located in Idaho but that has a Washington address for the purposes of the United States postal service, shall be admitted, without payment of tuition, to the nearest Washington school district and shall be considered a resident student for state apportionment and all other purposes. [2003 c 411 § 1; 1969 ex.s. c 223 § 28A.58.210. Prior: 1945 c 141 § 10; 1933 c 28 § 10; 1925 ex.s. c 93 § 1; Rem. Supp. 1945 § 4680-1. Formerly RCW 28A.58.210, 28.58.210, 28.27.140.] 28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption. (Effective until September 1, 2011.) (1) A local district may be authorized by the educational service district superintendent to transport and educate its pupils in other districts for one year, either by payment of a compensation agreed upon by such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better educational facilities for the pupils and when a saving may be effected in the cost of education: PROVIDED, That notwithstanding any other provision of law, the amount to be paid by the state to the resident school district for apportionment purposes and otherwise payable pursuant to RCW 28A.150.100, 28A.150.250 through 28A.150.290, 28A.150.350 through 28 A.15 0.4 10 , 2 8A.1 60 .1 50 th ro ug h 2 8A.1 60 .2 00 , 28A.300.035, 28A.300.170, and 28A.500.010 shall not be greater than the regular apportionment for each high school student of the receiving district. Such authorization may be extended for an additional year at the discretion of the educational service district superintendent. (2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under RCW 28A.340.030 which exceeds two years in duration or to nonhigh school districts participating in an interdistrict cooperative under RCW 28A.340.080 through 28A.340.090. [2010 c 99 § 5; 1990 c 33 § 234; 1988 c 268 § 6; 1979 ex.s. c 140 § 1; 1975 1st ex.s. c 275 § 111; 1969 ex.s. c 176 § 141; 1969 ex.s. c 223 § 28A.58.225. Prior: 1965 ex.s. c 154 § 10. Formerly RCW 28A.58.225, 28.24.110.] 28A.225.200 Expiration date—2010 c 99 § 5: "Section 5 of this act expires September 1, 2011." [2010 c 99 § 12.] Findings—Intent—2010 c 99: See note following RCW 28A.340.080. Findings—Severability—1988 c 268: See notes following RCW 28A.340.010. Additional notes found at www.leg.wa.gov such school districts, or under other terms mutually satisfactory to the districts concerned when this will afford better educational facilities for the pupils and when a saving may be effected in the cost of education. Notwithstanding any other provision of law, the amount to be paid by the state to the resident school district for apportionment purposes and otherwise payable pursuant to RCW 28A.150.250 through 28 A.15 0.2 90 , 2 8A.1 50 .3 5 0 th ro ug h 2 8A.1 50 .4 1 0, 28A.160.150 through 28A.160.200, 28A.300.035, and 28A.300.170 shall not be greater than the regular apportionment for each high school student of the receiving district. Such authorization may be extended for an additional year at the discretion of the educational service district superintendent. (2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under RCW 28A.340.030 which exceeds two years in duration or to nonhigh school districts participating in an interdistrict cooperative under RCW 28A.340.080 through 28A.340.090. [2010 c 99 § 6; 2009 c 548 § 706; 1990 c 33 § 234; 1988 c 268 § 6; 1979 ex.s. c 140 § 1; 1975 1st ex.s. c 275 § 111; 1969 ex.s. c 176 § 141; 1969 ex.s. c 223 § 28A.58.225. Prior: 1965 ex.s. c 154 § 10. Formerly RCW 28A.58.225, 28.24.110.] Effective date—2010 c 99 § 6: "Section 6 of this act takes effect September 1, 2011." [2010 c 99 § 13.] Findings—Intent—2010 c 99: See note following RCW 28A.340.080. Effective date—2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200. Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Findings—Severability—1988 c 268: See notes following RCW 28A.340.010. Additional notes found at www.leg.wa.gov 28A.225.210 Admission of district pupils tuition free. Every school district shall admit on a tuition free basis: (1) All persons of school age who reside within this state, and do not reside within another school district carrying the grades for which they are eligible to enroll: PROVIDED, That nothing in this subsection shall be construed as affecting RCW 28A.225.220 or 28A.225.250; and (2) all students who meet the definition of children of military families in transition under Article II of RCW 28A.705.010 who are in the care of a noncustodial parent or other person standing in loco parentis and who lives in another state while the parent is under military orders. [2009 c 380 § 6; 1990 c 33 § 235; 1983 c 3 § 37; 1969 c 130 § 9; 1969 ex.s. c 223 § 28A.58.230. Prior: 1917 c 21 § 9; RRS § 4718. Formerly RCW 28A.58.230, 28.58.230.] 28A.225.210 Designation of high school district nonhigh district students shall attend— Effect when attendance otherwise: RCW 28A.540.110. Education of children with disabilities: RCW 28A.155.050. 28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption. (Effective September 1, 2011.) (1) A local district may be authorized by the educational service district superintendent to transport and educate its pupils in other districts for one year, either by payment of a compensation agreed upon by 28A.225.200 [Title 28A RCW—page 80] 28A.225.215 Enrollment of children without legal residences. (1) A school district shall not require proof of residency or any other information regarding an address for any child who is eligible by reason of age for the services of the school district if the child does not have a legal residence. 28A.225.215 (2010 Ed.) Compulsory School Attendance and Admission (2) A school district shall enroll a child without a legal residence under subsection (1) of this section at the request of the child or parent or guardian of the child. [1989 c 118 § 1. Formerly RCW 28A.58.235.] 28A.225.225 incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.225.217 Children of military families—Continued enrollment in district schools. (1) A student shall be permitted to remain enrolled in the school in which the student was enrolled while residing with the custodial parent if the student: (a) Meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010; and (b) Is placed in the care of a noncustodial parent or guardian when the custodial parent is required to relocate due to military orders. (2) A nonresident school district shall not be required to provide transportation to and from the school unless otherwise required by state or federal law. [2009 c 380 § 8.] 28A.225.217 28A.225.220 Adults, children from other districts, agreements for attending school—Tuition. (1) Any board of directors may make agreements with adults choosing to attend school, and may charge the adults reasonable tuition. (2) A district is strongly encouraged to honor the request of a parent or guardian for his or her child to attend a school in another district or the request of a parent or guardian for his or her child to transfer as a student receiving home-based instruction. (3) A district shall release a student to a nonresident district that agrees to accept the student if: (a) A financial, educational, safety, or health condition affecting the student would likely be reasonably improved as a result of the transfer; or (b) Attendance at the school in the nonresident district is more accessible to the parent’s place of work or to the location of child care; or (c) There is a special hardship or detrimental condition. (4) A district may deny the request of a resident student to transfer to a nonresident district if the release of the student would adversely affect the district’s existing desegregation plan. (5) For the purpose of helping a district assess the quality of its education program, a resident school district may request an optional exit interview or questionnaire with the parents or guardians of a child transferring to another district. No parent or guardian may be forced to attend such an interview or complete the questionnaire. (6) Beginning with the 1993-94 school year, school districts may not charge transfer fees or tuition for nonresident students enrolled under subsection (3) of this section and RCW 28A.225.225. Reimbursement of a high school district for cost of educating high school pupils of a nonhigh school district shall not be deemed a transfer fee as affecting the apportionment of current state school funds. [1995 c 335 § 602; 1995 c 52 § 2; 1993 c 336 § 1008; 1990 1st ex.s. c 9 § 201; 1969 c 130 § 10; 1969 ex.s. c 223 § 28A.58.240. Prior: 1963 c 47 § 2; prior: 1921 c 44 § 1, part; 1899 c 142 § 8, part; RRS § 4780, part. Formerly RCW 28A.58.240, 28.58.240.] 28A.225.220 Reviser’s note: This section was amended by 1995 c 52 § 2 and by 1995 c 335 § 602, each without reference to the other. Both amendments are (2010 Ed.) Finding—1990 1st ex.s. c 9: "The legislature finds that academic achievement of Washington students can and should be improved. The legislature further finds that student success depends, in large part, on increased parental involvement in their children’s education. In order to take another step toward improving education in Washington, it is the purpose of this act to enhance the ability of parents to exercise choice in where they prefer their children attend school; inform parents of their options under local policies and state law for the intradistrict and interdistrict enrollment of their children; and provide additional program opportunities for secondary students." [1990 1st ex.s. c 9 § 101.] Education of children with disabilities: RCW 28A.155.040, 28A.155.050. Additional notes found at www.leg.wa.gov 28A.225.225 Applications from nonresident students or students receiving home-based instruction to attend district school—School employees’ children—Acceptance and rejection standards—Notification. (1) Except for students who reside out-of-state and students under RCW 28A.225.217, a district shall accept applications from nonresident students who are the children of full-time certificated and classified school employees, and those children shall be permitted to enroll: (a) At the school to which the employee is assigned; (b) At a school forming the district’s K through 12 continuum which includes the school to which the employee is assigned; or (c) At a school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services. (2) A district may reject applications under this section if: (a) The student’s disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; (b) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (2)(b) must apply uniformly to both resident and nonresident applicants; or (c) Enrollment of a child under this section would displace a child who is a resident of the district, except that if a child is admitted under subsection (1) of this section, that child shall be permitted to remain enrolled at that school, or in that district’s kindergarten through twelfth grade continuum, until he or she has completed his or her schooling. (3) Except as provided in subsection (1) of this section, all districts accepting applications from nonresident students or from students receiving home-based instruction for admission to the district’s schools shall consider equally all applications received. Each school district shall adopt a policy establishing rational, fair, and equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of a nonresident student if: (a) Acceptance of a nonresident student would result in the district experiencing a financial hardship; 28A.225.225 [Title 28A RCW—page 81] 28A.225.230 Title 28A RCW: Common School Provisions (b) The student’s disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; or (c) The student has been expelled or suspended from a public school for more than ten consecutive days. Any policy allowing for readmission of expelled or suspended students under this subsection (3)(c) must apply uniformly to both resident and nonresident applicants. For purposes of subsections (2)(a) and (3)(b) of this section, "gang" means a group which: (i) Consists of three or more persons; (ii) has identifiable leadership; and (iii) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes. (4) The district shall provide to applicants written notification of the approval or denial of the application in a timely manner. If the application is rejected, the notification shall include the reason or reasons for denial and the right to appeal under RCW 28A.225.230(3). [2009 c 380 § 7; 2008 c 192 § 1; 2003 c 36 § 1; 1999 c 198 § 2; 1997 c 265 § 3; 1995 c 52 § 3; 1994 c 293 § 1; 1990 1st ex.s. c 9 § 203.] Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Additional notes found at www.leg.wa.gov 28A.225.230 Appeal from certain decisions to deny student’s request to attend nonresident district—Procedure. (1) The decision of a school district within which a student under the age of twenty-one years resides or of a school district within which such a student under the age of twentyone years was last enrolled and is considered to be a resident for attendance purposes by operation of law, to deny such student’s request for release to a nonresident school district pursuant to RCW 28A.225.220 may be appealed to the superintendent of public instruction or his or her designee: PROVIDED, That the school district of proposed transfer is willing to accept the student. (2) The superintendent of public instruction or his or her designee shall hear the appeal and examine the evidence. The superintendent of public instruction may order the resident district to release such a student who is under the age of twenty-one years if the requirements of RCW 28A.225.220 have been met. The decision of the superintendent of public instruction may be appealed to superior court pursuant to chapter 34.05 RCW, the administrative procedure act, as now or hereafter amended. (3) The decision of a school district to deny the request for accepting the transfer of a nonresident student under RCW 28A.225.225 may be appealed to the superintendent of public instruction or his or her designee. The superintendent or his or her designee shall hear the appeal and examine the evidence. The superintendent of public instruction may order the district to accept the nonresident student if the district did not comply with the standards and procedures adopted under RCW 28A.225.225. The decision of the superintendent of public instruction may be appealed to the superior court under chapter 34.05 RCW. [1990 1st ex.s. c 9 § 204; 1990 c 33 § 236; 1977 c 50 § 1; 1975 1st ex.s. c 66 § 1. Formerly RCW 28A.58.242.] 28A.225.230 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. [Title 28A RCW—page 82] Designation of high school district nonhigh district students shall attend— Effect when attendance otherwise: RCW 28A.540.110. Additional notes found at www.leg.wa.gov 28A.225.240 Apportionment credit. If a student under the age of twenty-one years is allowed to enroll in any common school outside the school district within which the student resides or a school district of which the student is considered to be a resident for attendance purposes by operation of law, the student’s attendance shall be credited to the nonresident school district of enrollment for state apportionment and all other purposes. [1975 1st ex.s. c 66 § 2. Formerly RCW 28A.58.243.] 28A.225.240 Additional notes found at www.leg.wa.gov 28A.225.250 Cooperative programs among school districts—Rules. (1) The state superintendent of public instruction is directed and authorized to develop and adopt rules governing cooperative programs between and among school districts and educational service districts that the superintendent deems necessary to assure: (a) Correct calculation of state apportionment payments; (b) Proper budgeting and accounting for interdistrict cooperative program revenues and expenditures; (c) Reporting of student, personnel, and fiscal data to meet state needs; and (d) Protection of the right of residents of Washington under twenty-one years of age to a tuition-free program of basic education. (2) Unless specifically authorized in law, interdistrict cooperative programs shall not be designed to systematically increase state allocation above amounts required if services were provided by the resident school district. [1995 c 335 § 603; 1969 c 130 § 11. Formerly RCW 28A.58.243.] 28A.225.250 Education of children with disabilities: RCW 28A.155.040, 28A.155.050. Additional notes found at www.leg.wa.gov 28A.225.260 Reciprocity exchanges with other states. If the laws of another state permit its school districts to extend similar privileges to pupils resident in this state, the board of directors of any school district contiguous to a school district in such other state may make agreements with the officers of the school district of that state for the attendance of any pupils resident therein upon the payment of tuition. If a district accepts out-of-state pupils whose resident district is contiguous to a Washington school district, such district shall charge and collect the cost for educating such pupils and shall not include such out-of-state pupils in the computation of the district’s share of state and/or county funds. The board of directors of any school district which is contiguous to a school district in another state may make agreements for and pay tuition for any children of their district desiring to attend school in the contiguous district of the other state. The tuition to be paid for the attendance of resident pupils in an out-of-state school as provided in this section shall be no greater than the cost of educating such elementary or secondary pupils, as the case may be, in the outof-state educating district. [1969 ex.s. c 223 § 28A.58.250. 28A.225.260 (2010 Ed.) Compulsory School Attendance and Admission Prior: 1963 c 47 § 3; prior: 1921 c 44 § 1, part; 1899 c 142 § 8, part; RRS § 4780, part. Formerly RCW 28A.58.250, 28.58.250.] Education of children with disabilities: RCW 28A.155.040. 28A.225.270 Intradistrict enrollment options policies. (1) Each school district in the state shall adopt and implement a policy allowing intradistrict enrollment options no later than June 30, 1990. Each district shall establish its own policy establishing standards on how the intradistrict enrollment options will be implemented. (2) A district shall permit the children of full-time certificated and classified school employees to enroll at: (a) The school to which the employee is assigned; (b) A school forming the district’s K through 12 continuum which includes the school to which the employee is assigned; or (c) A school in the district that provides early intervention services pursuant to RCW 28A.155.065 or preschool services pursuant to RCW 28A.155.070, if the student is eligible for such services. (3) For the purposes of this section, "full-time employees" means employees who are employed for the full number of hours and days for their job description. [2008 c 192 § 2; 2003 c 36 § 2; 1990 1st ex.s. c 9 § 205.] 28A.225.270 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Additional notes found at www.leg.wa.gov 28A.225.280 Transfer students’ eligibility for extracurricular activities. Eligibility of transfer students under RCW 28A.225.220 and 28A.225.225 for participation in extracurricular activities shall be subject to rules adopted by the Washington interscholastic activities association. [2006 c 263 § 903; 1990 1st ex.s. c 9 § 206.] 28A.225.280 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Additional notes found at www.leg.wa.gov 28A.225.290 28A.225.290 Enrollment options information booklet (as amended by 2009 c 450). (1) The superintendent of public instruction shall prepare and annually distribute an information booklet outlining parents’ and guardians’ enrollment options for their children. (2) Before the 1991-92 school year, the booklet shall be distributed to all school districts by the office of the superintendent of public instruction. School districts shall have a copy of the information booklet available for public inspection at each school in the district, at the district office, and in public libraries. (3) The booklet shall include: (a) Information about enrollment options and program opportunities, including but not limited to programs in RCW 28A.225.220, 28A.185.040, 28A.225.200 through 28A.225.215, 28A.225.230 through 28A.225.250, ((28A.175.090,)) 28A.340.010 through 28A.340.070 (small high school cooperative projects), and 28A.335.160; (b) Information about the running start ((- community college or vocational-technical institute)) choice program under RCW 28A.600.300 through ((28A.600.395)) 28A.600.400; and (c) Information about the seventh and eighth grade choice program under RCW 28A.230.090. [2009 c 450 § 5; 1990 1st ex.s. c 9 § 207.] F ind ing s— Inte nt— 20 09 c 45 0: See n ot e fol l ow i ng RC W 28A.600.280. (2010 Ed.) 28A.225.300 28A.225.290 28A.225.290 Enrollment options information booklet—Posting on web site (as amended by 2009 c 524). (1) The superintendent of public instruction shall prepare and annually distribute an information booklet outlining parents’ and guardians’ enrollment options for their children. (2) ((Before the 1991-92 school year,)) The booklet shall be distributed to all school districts by the office of the superintendent of public instruction and shall be posted on the web site of the office of the superintendent of public instruction. School districts shall have a copy of the information booklet available for public inspection at each school in the district, at the district office, and in public libraries. (3) The booklet shall include: (a) Information about enrollment options and program opportunities, including but not limited to programs in RCW 28A.225.220, 28A.185.040, 28A.225.200 through 28A.225.215, 28A.225.230 through 28A.225.250, ((28A.175.090,)) 28A.340.010 through 28A.340.070 (small high school cooperative projects), and 28A.335.160; (b) Information about the running start(( - community college or vocational-technical institute choice)) program under RCW 28A.600.300 through ((28A.600.395)) 28A.600.400; ((and)) (c) Information about the seventh and eighth grade choice program under RCW 28A.230.090; and (d) Information about the college high school diploma options under RCW 28B.50.535. [2009 c 524 § 3; 1990 1st ex.s. c 9 § 207.] Intent—2009 c 524: See note following RCW 28B.50.535. 28A.225.290 28A.225.290 Enrollment options information (as amended by 2009 c 556). (1) The superintendent of public instruction shall prepare and annually ((distribute an)) provide access to information ((booklet)) outlining parents’ and guardians’ enrollment options for their children. Providing online access to the information satisfies the requirements of this section unless a parent or guardian specifically requests information to be provided in written form. (2) ((Before the 1991-92 school year, the booklet shall be distributed to all school districts by the office of the superintendent of public instruction. School districts shall have a copy of the information booklet available for public inspection at each school in the district, at the district office, and in public libraries)) School districts shall provide access to the information in this section to the public. Providing online access to the information satisfies the requirements of this subsection unless a parent or guardian specifically requests the information be provided in written form. (3) The booklet shall include: (a) Information about enrollment options and program opportunities, including but not limited to programs in RCW 28A.225.220, 28A.185.040, 28A.225.200 through 28A.225.215, 28A.225.230 through 28A.225.250, *28A.175.090, 28A.340.010 through 28A.340.070 (small high school cooperative projects), and 28A.335.160; (b) Information about **the running start - community college or vocational-technical institute choice program under RCW 28A.600.300 through ((28A.600.395)) 28A.600.390; and (c) Information about the seventh and eighth grade choice program under RCW 28A.230.090. [2009 c 556 § 6; 1990 1st ex.s. c 9 § 207.] Reviser’s note: *(1) RCW 28A.175.090 expired December 31, 1994. **(2) The program was named "the running start program" by 2009 c 450 § 7. (3) RCW 28A.225.290 was amended three times during the 2009 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Additional notes found at www.leg.wa.gov 28A.225.300 Enrollment options information to parents. Each school district board of directors annually shall inform parents of the district’s intradistrict and interdistrict enrollment options and parental involvement opportunities. Information on intradistrict enrollment options and interdistrict acceptance policies shall be provided to nonresidents on request. Providing online access to the information satisfies the requirements of this section unless a parent or guardian 28A.225.300 [Title 28A RCW—page 83] 28A.225.310 Title 28A RCW: Common School Provisions specifically requests information to be provided in written form. [2009 c 556 § 7; 1990 1st ex.s. c 9 § 208.] Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Additional notes found at www.leg.wa.gov 28A.225.310 Attendance in school district of choice—Impact on existing cooperative arrangements. Any school district board of directors may make arrangements with the board of directors of other districts for children to attend the school district of choice. Nothing under RCW 28A.225.220 and 28A.225.225 is intended to adversely affect agreements between school districts in effect on April 11, 1990. [1990 1st ex.s. c 9 § 209.] 28A.225.310 Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Additional notes found at www.leg.wa.gov 28A.225.330 Enrolling students from other districts—Requests for information and permanent records—Withheld transcripts—Immunity from liability—Notification to teachers and security personnel— Rules. (1) When enrolling a student who has attended school in another school district, the school enrolling the student may request the parent and the student to briefly indicate in writing whether or not the student has: (a) Any history of placement in special educational programs; (b) Any past, current, or pending disciplinary action; (c) Any history of violent behavior, or behavior listed in RCW 13.04.155; (d) Any unpaid fines or fees imposed by other schools; and (e) Any health conditions affecting the student’s educational needs. (2) The school enrolling the student shall request the school the student previously attended to send the student’s permanent record including records of disciplinary action, history of violent behavior or behavior listed in RCW 13.04.155, attendance, immunization records, and academic performance. If the student has not paid a fine or fee under RCW 28A.635.060, or tuition, fees, or fines at approved private schools the school may withhold the student’s official transcript, but shall transmit information about the student’s academic performance, special placement, immunization records, records of disciplinary action, and history of violent behavior or behavior listed in RCW 13.04.155. If the official transcript is not sent due to unpaid tuition, fees, or fines, the enrolling school shall notify both the student and parent or guardian that the official transcript will not be sent until the obligation is met, and failure to have an official transcript may result in exclusion from extracurricular activities or failure to graduate. (3) Upon request, school districts shall furnish a set of unofficial educational records to a parent or guardian of a student who is transferring out of state and who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010. School districts may charge the parent or guardian the actual cost of providing the copies of the records. 28A.225.330 [Title 28A RCW—page 84] (4) If information is requested under subsection (2) of this section, the information shall be transmitted within two school days after receiving the request and the records shall be sent as soon as possible. The records of a student who meets the definition of a child of a military family in transition under Article II of RCW 28A.705.010 shall be sent within ten days after receiving the request. Any school district or district employee who releases the information in compliance with this section is immune from civil liability for damages unless it is shown that the school district employee acted with gross negligence or in bad faith. The professional educator standards board shall provide by rule for the discipline under chapter 28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good faith effort to assure compliance with this subsection. (5) Any school district or district employee who releases the information in compliance with federal and state law is immune from civil liability for damages unless it is shown that the school district or district employee acted with gross negligence or in bad faith. (6) When a school receives information under this section or RCW 13.40.215 that a student has a history of disciplinary actions, criminal or violent behavior, or other behavior that indicates the student could be a threat to the safety of educational staff or other students, the school shall provide this information to the student’s teachers and security personnel. [2009 c 380 § 2; 2006 c 263 § 805; 1999 c 198 § 3; 1997 c 266 § 4. Prior: 1995 c 324 § 2; 1995 c 311 § 25; 1994 c 304 § 2.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455. Additional notes found at www.leg.wa.gov Chapter 28A.230 RCW COMPULSORY COURSE WORK AND ACTIVITIES Chapter 28A.230 Sections 28A.230.010 28A.230.020 28A.230.030 28A.230.040 28A.230.050 28A.230.060 28A.230.070 28A.230.080 28A.230.090 28A.230.093 28A.230.095 28A.230.097 28A.230.100 28A.230.120 28A.230.125 Course content requirements—Duties of school district boards of directors. Common school curriculum. Students taught in English language—Exception. Physical education in grades one through eight. Physical education in high schools. Waiver of course of study in Washington’s history and government. AIDS education in public schools—Limitations—Program adoption—Model curricula—Student’s exclusion from participation. Prevention of child abuse and neglect—Written policy— Participation in and establishment of programs. High school graduation requirements or equivalencies— Reevaluation of graduation requirements—Review and authorization of proposed changes—Credit for courses taken before attending high school—Postsecondary credit equivalencies. Social studies course credits—Civics coursework. Essential academic learning requirements and assessments—Verification reports. Career and technical high school course equivalencies. Rules implementing RCW 28A.230.090—Temporary exemptions and special alterations from requirements—Competency testing. High school diplomas—Issuance—Option to receive final transcripts—Notice. Development of standardized high school transcripts. (2010 Ed.) Compulsory Course Work and Activities 28A.230.130 28A.230.140 28A.230.150 28A.230.158 28A.230.160 28A.230.170 28A.230.180 28A.230.195 28A.230.250 Program to help students meet minimum entrance requirements at baccalaureate-granting institutions or to pursue career or other opportunities. United States flag—Procurement, display, exercises— National anthem. Temperance and Good Citizenship Day—Aids in programming. Disability history month—Activities. Educational activities in observance of Veterans’ Day. Study of constitutions compulsory—Rules. Educational and career opportunities in the military, student access to information on, when. Test or assessment scores—Adjustments to instructional practices—Notification to parents. Coordination of procedures and content of assessments. AIDS prevention education: Chapter 70.24 RCW. 28A.230.010 Course content requirements—Duties of school district boards of directors. School district boards of directors shall identify and offer courses with content that meet or exceed: (1) The basic education skills identified in RCW 28A.150.210; (2) the graduation requirements under RCW 28A.230.090; (3) the courses required to meet the minimum college entrance requirements under RCW 28A.230.130; and (4) the course options for career development under RCW 28A.230.130. Such courses may be applied or theoretical, academic, or vocational. [2003 c 49 § 1; 1990 c 33 § 237; 1984 c 278 § 2. Formerly RCW 28A.05.005.] 28A.230.010 Additional notes found at www.leg.wa.gov 28A.230.020 Common school curriculum. All common schools shall give instruction in reading, penmanship, orthography, written and mental arithmetic, geography, the history of the United States, English grammar, physiology and hygiene with special reference to the effects of alcohol and drug abuse on the human system, science with special reference to the environment, and such other studies as may be prescribed by rule of the superintendent of public instruction. All teachers shall stress the importance of the cultivation of manners, the fundamental principles of honesty, honor, industry and economy, the minimum requisites for good health including the beneficial effect of physical exercise and methods to prevent exposure to and transmission of sexually transmitted diseases, and the worth of kindness to all living creatures and the land. The prevention of child abuse may be offered as part of the curriculum in the common schools. [2006 c 263 § 414; 1991 c 116 § 6; 1988 c 206 § 403; 1987 c 232 § 1; 1986 c 149 § 4; 1969 c 71 § 3; 1969 ex.s. c 223 § 28A.05.010. Prior: 1909 p 262 § 2; RRS § 4681; prior: 1897 c 118 § 65; 1895 c 5 § 1; 1890 p 372 § 45; 1886 p 19 § 52. Formerly RCW 28A.05.010, 28.05.010, and 28.05.020.] 28A.230.020 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Child abuse and neglect—Development of primary prevention program: RCW 28A.300.160. Districts to develop programs and establish programs regarding child abuse and neglect prevention: RCW 28A.230.080. Additional notes found at www.leg.wa.gov 28A.230.030 Students taught in English language— Exception. All students in the common schools of the state of Washington shall be taught in the English language: PROVIDED, That nothing in this section shall preclude the teach28A.230.030 (2010 Ed.) 28A.230.070 ing of students in a language other than English when such instruction will aid the educational advancement of the student. [1969 c 71 § 4. Formerly RCW 28A.05.015.] 28A.230.040 Physical education in grades one through eight. Every pupil attending grades one through eight of the public schools shall receive instruction in physical education as prescribed by rule of the superintendent of public instruction: PROVIDED, That individual pupils or students may be excused on account of physical disability, religious belief, or participation in directed athletics. [2006 c 263 § 415; 1984 c 52 § 1; 1969 ex.s. c 223 § 28A.05.030. Prior: 1919 c 89 § 1; RRS § 4682. Formerly RCW 28A.05.030, 28.05.030.] 28A.230.040 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.230.050 Physical education in high schools. All high schools of the state shall emphasize the work of physical education, and carry into effect all physical education requirements established by rule of the superintendent of public instruction: PROVIDED, That individual students may be excused from participating in physical education otherwise required under this section on account of physical disability, employment, or religious belief, or because of participation in directed athletics or military science and tactics or for other good cause. [2006 c 263 § 416; 1985 c 384 § 3; 1984 c 52 § 2; 1969 ex.s. c 223 § 28A.05.040. Prior: 1963 c 235 § 1, part; prior: (i) 1923 c 78 § 1, part; 1919 c 89 § 2, part; RRS § 4683, part. (ii) 1919 c 89 § 5, part; RRS § 4686, part. Formerly RCW 28A.05.040, 28.05.040, part.] 28A.230.050 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.230.060 Waiver of course of study in Washington’s history and government. Students in the twelfth grade who have not completed a course of study in Washington’s history and state government because of previous residence outside the state may have the requirement in RCW 28A.230.090 waived by their principal. [1991 c 116 § 7; 1969 ex.s. c 57 § 2; 1969 ex.s. c 223 § 28A.05.050. Prior: 1967 c 64 § 1, part; 1963 c 31 § 1, part; 1961 c 47 § 2, part; 1941 c 203 § 1, part; Rem. Supp. 1941 § 4898-3, part. Formerly RCW 28A.05.050, 28.05.050.] 28A.230.060 28A.230.070 AIDS education in public schools— Limitations—Program adoption—Model curricula— Student’s exclusion from participation. (1) The life-threatening dangers of acquired immunodeficiency syndrome (AIDS) and its prevention shall be taught in the public schools of this state. AIDS prevention education shall be limited to the discussion of the life-threatening dangers of the disease, its spread, and prevention. Students shall receive such education at least once each school year beginning no later than the fifth grade. (2) Each district board of directors shall adopt an AIDS prevention education program which is developed in consultation with teachers, administrators, parents, and other community members including, but not limited to, persons from medical, public health, and mental health organizations and agencies so long as the curricula and materials developed for 28A.230.070 [Title 28A RCW—page 85] 28A.230.080 Title 28A RCW: Common School Provisions use in the AIDS education program either (a) are the model curricula and resources under subsection (3) of this section, or (b) are developed by the school district and approved for medical accuracy by the office on AIDS established in RCW 70.24.250. If a district elects to use curricula developed by the school district, the district shall submit to the office on AIDS a copy of its curricula and an affidavit of medical accuracy stating that the material in the district-developed curricula has been compared to the model curricula for medical accuracy and that in the opinion of the district the districtdeveloped materials are medically accurate. Upon submission of the affidavit and curricula, the district may use these materials until the approval procedure to be conducted by the office of AIDS has been completed. (3) Model curricula and other resources available from the superintendent of public instruction may be reviewed by the school district board of directors, in addition to materials designed locally, in developing the district’s AIDS education program. The model curricula shall be reviewed for medical accuracy by the office on AIDS established in RCW 70.24.250 within the department of social and health services. (4) Each school district shall, at least one month before teaching AIDS prevention education in any classroom, conduct at least one presentation during weekend and evening hours for the parents and guardians of students concerning the curricula and materials that will be used for such education. The parents and guardians shall be notified by the school district of the presentation and that the curricula and materials are available for inspection. No student may be required to participate in AIDS prevention education if the student’s parent or guardian, having attended one of the district presentations, objects in writing to the participation. (5) The office of the superintendent of public instruction with the assistance of the office on AIDS shall update AIDS education curriculum material as newly discovered medical facts make it necessary. (6) The curriculum for AIDS prevention education shall be designed to teach students which behaviors place a person dangerously at risk of infection with the human immunodeficiency virus (HIV) and methods to avoid such risk including, at least: (a) The dangers of drug abuse, especially that involving the use of hypodermic needles; and (b) The dangers of sexual intercourse, with or without condoms. (7) The program of AIDS prevention education shall stress the life-threatening dangers of contracting AIDS and shall stress that abstinence from sexual activity is the only certain means for the prevention of the spread or contraction of the AIDS virus through sexual contact. It shall also teach that condoms and other artificial means of birth control are not a certain means of preventing the spread of the AIDS virus and reliance on condoms puts a person at risk for exposure to the disease. [1994 c 245 § 7; 1988 c 206 § 402. Formerly RCW 28A.05.055.] Additional notes found at www.leg.wa.gov 28A.230.080 Prevention of child abuse and neglect— Written policy—Participation in and establishment of 28A.230.080 [Title 28A RCW—page 86] programs. (1) Every school district board of directors shall develop a written policy regarding the district’s role and responsibility relating to the prevention of child abuse and neglect. (2) Every school district shall, within the resources available to it: (a) Participate in the primary prevention program established under RCW 28A.300.160; (b) develop and implement its own child abuse and neglect education and prevention program; or (c) continue with an existing local child abuse and neglect education and prevention program. [1990 c 33 § 238; 1987 c 489 § 6. Formerly RCW 28A.58.255.] Intent—1987 c 489: See note following RCW 28A.300.150. 28A.230.090 High school graduation requirements or equivalencies—Reevaluation of graduation requirements—Review and authorization of proposed changes— Credit for courses taken before attending high school— Postsecondary credit equivalencies. (1) The state board of education shall establish high school graduation requirements or equivalencies for students, except those equivalencies established by local high schools or school districts under RCW 28A.230.097. The purpose of a high school diploma is to declare that a student is ready for success in postsecondary education, gainful employment, and citizenship, and is equipped with the skills to be a lifelong learner. (a) Any course in Washington state history and government used to fulfill high school graduation requirements shall consider including information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state. (b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation. (c) Any decision on whether a student has met the state board’s high school graduation requirements for a high school and beyond plan shall remain at the local level. (2)(a) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board. (b) The state board shall reevaluate the graduation requirements for students enrolled in vocationally intensive and rigorous career and technical education programs, particularly those programs that lead to a certificate or credential that is state or nationally recognized. The purpose of the evaluation is to ensure that students enrolled in these programs have sufficient opportunity to earn a certificate of academic achievement, complete the program and earn the program’s certificate or credential, and complete other state and local graduation requirements. (c) The state board shall forward any proposed changes to the high school graduation requirements to the education committees of the legislature for review and to the quality education council established under RCW 28A.290.010. The legislature shall have the opportunity to act during a regular legislative session before the changes are adopted through 28A.230.090 (2010 Ed.) Compulsory Course Work and Activities administrative rule by the state board. Changes that have a fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public instruction, shall take effect only if formally authorized and funded by the legislature through the omnibus appropriations act or other enacted legislation. (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English. (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if: (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors. (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit. (6) At the college or university level, five quarter or three semester hours equals one high school credit. [2009 c 548 § 111; 2009 c 223 § 2; 2006 c 114 § 3; 2005 c 205 § 3; 2004 c 19 § 103; 1997 c 222 § 2; 1993 c 371 § 3. Prior: 1992 c 141 § 402; 1992 c 60 § 1; 1990 1st ex.s. c 9 § 301; 1988 c 172 § 1; 1985 c 384 § 2; 1984 c 278 § 6. Formerly RCW 28A.05.060.] Reviser’s note: This section was amended by 2009 c 223 § 2 and by 2009 c 548 § 111, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. Finding—2009 c 223: "The legislature finds that although the United States has long exemplified democratic practice to the rest of the world, we ought not to neglect it at home. Two-thirds of our nation’s twelfth graders scored below proficient on the last national civics assessment, and fewer than ten percent could list two ways that a democracy benefits from citizen participation. A healthy democracy depends on the participation of citizens. But participation is learned behavior, and in recent years civic learning has been pushed aside. Preparation for citizenship is as important as preparation for college and a career, and should take its place as a requirement for receiving a high school diploma." [2009 c 223 § 1.] Finding—Intent—2006 c 114: See note following RCW 28A.230.097. Inte nt— F i ndi ngs— 20 05 c 20 5: See n ot e fol l ow i ng RC W 28A.320.170. (2010 Ed.) 28A.230.095 Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. Intent—1997 c 222: "In 1994, the legislature directed the higher education board and the state board of education to convene a task force to examine and provide recommendations on establishing credit equivalencies. In November 1994, the task force recommended unanimously that the state board of education maintain the definition of five quarter or three semester college credits as equivalent to one high school credit. Therefore, the legislature intends to adopt the recommendations of the task force." [1997 c 222 § 1.] Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Additional notes found at www.leg.wa.gov 28A.230.093 Social studies course credits—Civics coursework. (1) If, after July 26, 2009, the state board of education increases the number of course credits in social studies that are required for high school graduation under RCW 28A.230.090, the board shall also require that at least one-half credit of that requirement be coursework in civics. (2) The content of the civics requirement must include, but not be limited to: (a) Federal, state, and local government organization and procedures; (b) Rights and responsibilities of citizens addressed in the Washington state and United States Constitutions; (c) Current issues addressed at each level of government; and (d) Electoral issues, including elections, ballot measures, initiatives, and referenda. [2009 c 223 § 3.] 28A.230.093 Finding—2009 c 223: See note following RCW 28A.230.090. 28A.230.095 Essential academic learning requirements and assessments—Verification reports. (1) By the end of the 2008-09 school year, school districts shall have in place in elementary schools, middle schools, and high schools assessments or other strategies chosen by the district to assure that students have an opportunity to learn the essential academic learning requirements in social studies, the arts, and health and fitness. Social studies includes history, geography, civics, economics, and social studies skills. Beginning with the 2008-09 school year, school districts shall annually submit an implementation verification report to the office of the superintendent of public instruction. The office of the superintendent of public instruction may not require school districts to use a classroom-based assessment in social studies, the arts, and health and fitness to meet the requirements of this section and shall clearly communicate to districts their option to use other strategies chosen by the district. (2) Beginning with the 2008-09 school year, school districts shall require students in the seventh or eighth grade, and the eleventh or twelfth grade to each complete at least one classroom-based assessment in civics. Beginning with the 2010-11 school year, school districts shall require students in the fourth or fifth grade to complete at least one classroombased assessment in civics. The civics assessment may be selected from a list of classroom-based assessments approved by the office of the superintendent of public instruction. Beginning with the 2008-09 school year, school districts shall annually submit implementation verification reports to the 28A.230.095 [Title 28A RCW—page 87] 28A.230.097 Title 28A RCW: Common School Provisions office of the superintendent of public instruction documenting the use of the classroom-based assessments in civics. (3) Verification reports shall require school districts to report only the information necessary to comply with this section. [2009 c 556 § 8; 2006 c 113 § 2; 2004 c 19 § 203.] Findings—2006 c 113: "The legislature finds that instruction in social studies, arts, health, and fitness is important to ensure a well-rounded and complete education. In particular, the civic mission of schools is strengthened and enhanced by comprehensive civics education and assessments. The legislature finds that effective and accountable democratic government depends upon an informed and engaged citizenry, and therefore, students should learn their rights and responsibilities as citizens, where those rights and responsibilities come from, and how to exercise them." [2006 c 113 § 1.] Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. 28A.230.097 Career and technical high school course equivalencies. (1) Each high school or school district board of directors shall adopt course equivalencies for career and technical high school courses offered to students in high schools and skill centers. A career and technical course equivalency may be for whole or partial credit. Each school district board of directors shall develop a course equivalency approval procedure. (2) Career and technical courses determined to be equivalent to academic core courses, in full or in part, by the high school or school district shall be accepted as meeting core requirements, including graduation requirements, if the courses are recorded on the student’s transcript using the equivalent academic high school department designation and title. Full or partial credit shall be recorded as appropriate. The high school or school district shall also issue and keep record of course completion certificates that demonstrate that the career and technical courses were successfully completed as needed for industry certification, college credit, or preapprenticeship, as applicable. The certificate shall be either part of the student’s high school and beyond plan or the student’s culminating project, as determined by the student. The office of the superintendent of public instruction shall develop and make available electronic samples of certificates of course completion. [2008 c 170 § 202; 2006 c 114 § 2.] 28A.230.097 Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. Finding—Intent—2006 c 114: "(1) The legislature finds that Washington’s performance-based education system should seek to provide fundamental academic knowledge and skills for all students, and to provide the opportunity for students to acquire knowledge and skills likely to contribute to their own economic well-being and that of their families and communities. (2) The legislature recognizes that career and technical options are available for students. (3) High schools or school districts should take advantage of their opportunity to offer course credits, including credits toward graduation requirements, for knowledge and skills in fundamental academic content areas that students gain in career and technical education courses. (4) Therefore the legislature intends to create a rigorous and high quality career and technical high school alternative assessment that assures students meet state standards, and also reflects nationally recognized standards for the knowledge and skills needed to pursue employment and careers in technical fields." [2006 c 114 § 1.] 28A.230.100 Rules implementing RCW 28A.230.090—Temporary exemptions and special alterations from requirements—Competency testing. The superintendent of public instruction, in consultation with the higher education coordinating board, the state board for com28A.230.100 [Title 28A RCW—page 88] munity and technical colleges, and the workforce training and education coordinating board, shall adopt rules pursuant to chapter 34.05 RCW, to implement the course requirements set forth in RCW 28A.230.090. The rules shall include, as the superintendent deems necessary, granting equivalencies for and temporary exemptions from the course requirements in RCW 28A.230.090 and special alterations of the course requirements in RCW 28A.230.090. In developing such rules the superintendent shall recognize the relevance of vocational and applied courses and allow such courses to fulfill in whole or in part the courses required for graduation in RCW 28A.230.090, as determined by the high school or school district in accordance with RCW 28A.230.097. The rules may include provisions for competency testing in lieu of such courses required for graduation in RCW 28A.230.090 or demonstration of specific skill proficiency or understanding of concepts through work or experience. [2006 c 263 § 402; 2006 c 114 § 4; 1991 c 116 § 8; 1990 c 33 § 239; 1985 c 384 § 1. Formerly RCW 28A.05.062.] Reviser’s note: This section was amended by 2006 c 114 § 4 and by 2006 c 263 § 402, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Finding—Intent—2006 c 114: See note following RCW 28A.230.097. 28A.230.120 High school diplomas—Issuance— Option to receive final transcripts—Notice. (1) School districts shall issue diplomas to students signifying graduation from high school upon the students’ satisfactory completion of all local and state graduation requirements. Districts shall grant students the option of receiving a final transcript in addition to the regular diploma. (2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the transcript option and shall direct students to indicate their decisions in a timely manner. School districts shall make appropriate provisions to assure that students who choose to receive a copy of their final transcript shall receive such transcript after graduation. (3)(a) A school district may issue a high school diploma to a person who: (i) Is an honorably discharged member of the armed forces of the United States; and (ii) Left high school before graduation to serve in World War II, the Korean conflict, or the Vietnam era as defined in RCW 41.04.005. (b) A school district may issue a diploma to or on behalf of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school equivalency certification or is deceased. (c) The superintendent of public instruction shall adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall specify what constitutes acceptable evidence of eligibility for a diploma. [2008 c 185 § 1; 2003 c 234 § 1; 2002 c 35 § 1; 1984 c 178 § 2. Formerly RCW 28A.58.108.] 28A.230.120 Effective date—2003 c 234: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state gov(2010 Ed.) Compulsory Course Work and Activities ernment and its existing public institutions, and takes effect immediately [May 12, 2003]." [2003 c 234 § 2.] High school transcripts: RCW 28A.230.125. 28A.230.125 Development of standardized high school transcripts. (1) The superintendent of public instruction, in consultation with the higher education coordinating board, the state board for community and technical colleges, and the workforce training and education coordinating board, shall develop for use by all public school districts a standardized high school transcript. The superintendent shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared. (2) The standardized high school transcript shall include a notation of whether the student has earned a certificate of individual achievement or a certificate of academic achievement. [2009 c 556 § 9. Prior: 2006 c 263 § 401; 2006 c 115 § 6; 2004 c 19 § 108; 1984 c 178 § 1. Formerly RCW 28A.305.220, 28A.04.155.] 28A.230.125 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings and captions not law—Severability—Effective date—2004 c 19: See notes following RCW 28A.655.061. High school diplomas—Receiving final transcript optional: RCW 28A.230.120. 28A.230.130 Program to help students meet minimum entrance requirements at baccalaureate-granting institutions or to pursue career or other opportunities. (1) All public high schools of the state shall provide a program, directly or in cooperation with a community college or another school district, for students whose educational plans include application for entrance to a baccalaureate-granting institution after being granted a high school diploma. The program shall help these students to meet at least the minimum entrance requirements under RCW 28B.10.050. (2) All public high schools of the state shall provide a program, directly or in cooperation with a community or technical college, a skills center, an apprenticeship committee, or another school district, for students who plan to pursue career or work opportunities other than entrance to a baccalaureate-granting institution after being granted a high school diploma. These programs may: (a) Help students demonstrate the application of essential academic learning requirements to the world of work, occupation-specific skills, knowledge of more than one career in a chosen pathway, and employability and leadership skills; and (b) Help students demonstrate the knowledge and skill needed to prepare for industry certification, and/or have the opportunity to articulate to postsecondary education and training programs. (3) A middle school that receives approval from the office of the superintendent of public instruction to provide a career and technical program in science, technology, engineering, or mathematics directly to students shall receive funding at the same rate as a high school operating a similar program. Additionally, a middle school that provides a hands-on experience in science, technology, engineering, or mathematics with an integrated curriculum of academic con- 28A.230.150 tent and career and technical education, and includes a career and technical education exploratory component shall also qualify for the career and technical education funding. [2009 c 212 § 2; 2007 c 396 § 14; (2007 c 396 § 13 expired September 1, 2009); 2006 c 263 § 407; 2003 c 49 § 2; 1991 c 116 § 9; 1988 c 172 § 2; 1984 c 278 § 16. Formerly RCW 28A.05.070.] Effective date—2009 c 212 § 2: "Section 2 of this act takes effect September 1, 2009." [2009 c 212 § 3.] Finding—2009 c 212: "The legislature finds that significant efforts are under way to improve mathematics and science instruction in Washington’s public schools through development and adoption of new learning standards, identification of aligned curriculum, and expanded opportunities for professional development for teachers. A significant emphasis has also been made on improving career and technical education programs focused on highdemand programs. Middle schools have successfully served one thousand four hundred full-time equivalent students in career and technical programs rich in science, technology, engineering, and mathematics through a grant program. The legislature concludes that opportunities for hands-on and applied learning in these programs should be extended to middle school students on an ongoing, statewide basis so that students are prepared to take advantage of more advanced coursework in high school and postsecondary education." [2009 c 212 § 1.] Effective date—2007 c 396 § 14: "Section 14 of this act takes effect September 1, 2009." [2007 c 396 § 21.] Expiration date—2007 c 396 § 13: "Section 13 of this act expires September 1, 2009." [2007 c 396 § 20.] Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.230.130 (2010 Ed.) Effective date—2006 c 263 § 407: "Section 407 of this act takes effect September 1, 2009." [2006 c 263 § 1002.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.230.140 United States flag—Procurement, display, exercises—National anthem. The board of directors of every school district shall cause a United States flag being in good condition to be displayed during school hours upon or near every public school plant, except during inclement weather. They shall cause appropriate flag exercises to be held in each classroom at the beginning of the school day, and in every school at the opening of all school assemblies, at which exercises those pupils so desiring shall recite the following salute to the flag: "I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all". Students not reciting the pledge shall maintain a respectful silence. The salute to the flag or the national anthem shall be rendered immediately preceding interschool events when feasible. [1981 c 130 § 1; 1969 ex.s. c 223 § 28A.02.030. Prior: (i) 1961 c 238 § 1; 1955 c 8 § 1; 1919 c 90 § 4; 1915 c 71 § 1; 1909 c 97 p 286 § 3; 1897 c 118 § 180; RRS § 4777. Formerly RCW 28.02.030. (ii) 1955 c 8 § 2; 1919 c 90 § 5; RRS § 4778. Formerly RCW 28A.02.030, 28.87.180.] 28A.230.140 Display of national and state flags: RCW 1.20.015. 28A.230.150 Temperance and Good Citizenship Day—Aids in programming. On January 16th of each year or the preceding Friday when January 16th falls on a nonschool day, there shall be observed within each public school "Temperance and Good Citizenship Day". Annually the state 28A.230.150 [Title 28A RCW—page 89] 28A.230.158 Title 28A RCW: Common School Provisions superintendent of public instruction shall duly prepare and publish for circulation among the teachers of the state a program for use on such day embodying topics pertinent thereto and may from year to year designate particular laws for special observance. [1969 ex.s. c 223 § 28A.02.090. Prior: (i) 1923 c 76 § 1; RRS § 4901-1. (ii) 1923 c 76 § 2; RRS § 4901-2. Formerly RCW 28A.02.090, 28.02.090, and 28.02.095.] 28A.230.158 Disability history month—Activities. Annually, during the month of October, each public school shall conduct or promote educational activities that provide instruction, awareness, and understanding of disability history and people with disabilities. The activities may include, but not be limited to, school assemblies or guest speaker presentations. [2008 c 167 § 3.] 28A.230.158 Short title—2008 c 167: "This act may be known and cited as the disability history month act." [2008 c 167 § 1.] Findings—2008 c 167: "The legislature finds that annually recognizing disability history throughout our entire public educational system, from kindergarten through grade twelve and at our colleges and universities, during the month of October will help to increase awareness and understanding of the contributions that people with disabilities in our state, nation, and the world have made to our society. The legislature further finds that recognizing disability history will increase respect and promote acceptance and inclusion of people with disabilities. The legislature further finds that recognizing disability history will inspire students with disabilities to feel a greater sense of pride, reduce harassment and bullying, and help keep students with disabilities in school." [2008 c 167 § 2.] 28A.230.160 Educational activities in observance of Veterans’ Day. During the school week preceding the eleventh day of November of each year, there shall be presented in each common school as defined in RCW 28A.150.020 educational activities suitable to the observance of Veterans’ Day. The responsibility for the preparation and presentation of the activities approximating at least sixty minutes total throughout the week shall be with the principal or head teacher of each school building and such program shall embrace topics tending to instill a loyalty and devotion to the institutions and laws of this state and nation. The superintendent of public instruction and each educational service district superintendent, by advice and suggestion, shall aid in the preparation of these activities if such aid be solicited. [1990 c 33 § 241; 1985 c 60 § 1; 1977 ex.s. c 120 § 2; 1975 1st ex.s. c 275 § 45; 1970 ex.s. c 15 § 12. Prior: 1969 ex.s. c 283 § 24; 1969 ex.s. c 176 § 101; 1969 ex.s. c 223 § 28A.02.070; prior: 1955 c 20 § 3; prior: (i) 1939 c 21 § 1; 1921 c 56 § 1; RRS § 4899. (ii) 1921 c 56 § 2; RRS § 4900. (iii) 1921 c 56 § 3; RRS § 4901. Formerly RCW 28A.02.070, 28.02.070.] 28A.230.160 Additional notes found at www.leg.wa.gov 28A.230.170 Study of constitutions compulsory— Rules. The study of the Constitution of the United States and the Constitution of the state of Washington shall be a condition prerequisite to graduation from the public and private high schools of this state. The superintendent of public instruction shall provide by rule for the implementation of this section. [2006 c 263 § 403; 1985 c 341 § 1; 1969 ex.s. c 223 § 28A.02.080. Prior: (i) 1925 ex.s. c 134 § 1; RRS § 28A.230.170 [Title 28A RCW—page 90] 4898-1. (ii) 1925 ex.s. c 134 § 2; RRS § 4898-2. Formerly RCW 28A.02.080, 28.02.080, and 28.02.081.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.230.180 Educational and career opportunities in the military, student access to information on, when. If the board of directors of a school district provides access to the campus and the student information directory to persons or groups which make students aware of occupational or educational options, the board shall provide access on the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. [1980 c 96 § 1. Formerly RCW 28A.58.535.] 28A.230.180 28A.230.195 Test or assessment scores—Adjustments to instructional practices—Notification to parents. (1) If students’ scores on the test or assessments under RCW 28A.655.070 indicate that students need help in identified areas, the school district shall evaluate its instructional practices and make appropriate adjustments. (2) Each school district shall notify the parents of each student of their child’s performance on the test and assessments conducted under this chapter. [2005 c 217 § 1; 1999 c 373 § 603; 1992 c 141 § 401.] 28A.230.195 Findings—Part headings—Severability—1992 c 141: See notes following RCW 28A.410.040. Additional notes found at www.leg.wa.gov 28A.230.250 Coordination of procedures and content of assessments. The superintendent of public instruction shall coordinate both the procedures and the content of the tests and assessments required by the state to maximize the value of the information provided to students as they progress and to teachers and parents about students’ talents, interests, and academic needs or deficiencies so that appropriate programs can be provided to enhance the likelihood of students’ success both in school and beyond. [1999 c 373 § 602; 1990 c 101 § 4.] 28A.230.250 Additional notes found at www.leg.wa.gov Chapter 28A.235 Chapter 28A.235 RCW FOOD SERVICES Sections 28A.235.010 Superintendent of public instruction authorized to receive and disburse federal funds. 28A.235.020 Payment of costs—Federal food services revolving fund— Disbursements. 28A.235.030 Rules. 28A.235.040 Acquisition authorized. 28A.235.050 Contracts for—Other law applicable to. 28A.235.060 Advancement of costs from revolving fund moneys—Reimbursement by school district to include transaction expense. 28A.235.070 Revolving fund created. 28A.235.080 Revolving fund—Administration of fund—Use—School district requisition as prerequisite. 28A.235.090 Revolving fund—Depositories for fund, bond or security for—Manner of payments from fund. 28A.235.100 Rules. 28A.235.110 Suspension of laws, rules, inconsistent herewith. (2010 Ed.) Food Services 28A.235.120 Meal programs—Establishment and operation—Personnel— Agreements. 28A.235.130 Milk for children at school expense. 28A.235.140 School breakfast programs. 28A.235.145 School breakfast and lunch programs—Use of state funds. 28A.235.150 School breakfast and lunch programs—Grants to increase participation—Increased state support. 28A.235.155 Federal summer food service program—Administration of funds—Grants. 28A.235.160 Requirements to implement school breakfast, lunch, and summer food service programs—Exemptions. 28A.235.170 Washington grown fresh fruit and vegetable grant program. Food donation and distribution—Liability: Chapter 69.80 RCW. 28A.235.010 Superintendent of public instruction authorized to receive and disburse federal funds. The superintendent of public instruction is hereby authorized to receive and disburse federal funds made available by acts of congress for the assistance of private nonprofit organizations in providing food services to children and adults according to the provisions of 20 U.S.C. Sec. 1751 et seq., the national school lunch act as amended, and 20 U.S.C. Sec. 1771, et seq., the child nutrition act of 1966, as amended. [1987 c 193 § 1. Formerly RCW 28A.29.010.] 28A.235.090 28A.235.050 Contracts for—Other law applicable to. The state superintendent of public instruction is hereby authorized to enter into any contract with the United States of America, or any agency thereof, for the purchase of any surplus or donated food commodities, without regard to the provisions of any other law requiring the advertising, giving notice, inviting or receiving bids, or which may require the delivery of purchases before payment. [1969 ex.s. c 223 § 28A.30.020. Prior: 1967 ex.s. c 92 § 7. Formerly RCW 28A.30.020, 28.30.020.] 28A.235.050 28A.235.010 28A.235.020 Payment of costs—Federal food services revolving fund—Disbursements. All reasonably ascertainable costs of performing the duties assumed and performed under RCW 28A.235.010 through 28A.235.030 and 28A.235.140 by either the superintendent of public instruction or another state or local governmental entity in support of the superintendent of public instruction’s duties under RCW 28A.235.010 through 28A.235.030 and 28A.235.140 shall be paid exclusively with federal funds and, if any, private gifts and grants. The federal food services revolving fund is hereby established in the custody of the state treasurer. The office of the superintendent of public instruction shall deposit in the fund federal funds received under RCW 28A.235.010, recoveries of such funds, and gifts or grants made to the revolving fund. Disbursements from the fund shall be on authorization of the superintendent of public instruction or the superintendent’s designee. The fund is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. The superintendent of public instruction is authorized to expend from the federal food services revolving fund such funds as are necessary to implement RCW 28A.235.010 through 28A.235.030 and 28A.235.140. [1990 c 33 § 242; 1987 c 193 § 2. Formerly RCW 28A.29.020.] 28A.235.020 28A.235.030 Rules. The superintendent shall have the power to promulgate such rules in accordance with chapter 34.05 RCW as are necessary to implement this chapter. [1987 c 193 § 3. Formerly RCW 28A.29.030.] 28A.235.030 28A.235.040 Acquisition authorized. Notwithstanding any other provision of law or chapter 39.32 RCW, the state superintendent of public instruction is hereby authorized to purchase, or otherwise acquire from the government of the United States or any property or commodity disposal agency thereof, surplus or donated food commodities for the use by any school district for their hot lunch program. [1969 ex.s. c 223 § 28A.30.010. Prior: 1967 ex.s. c 92 § 1. Formerly RCW 28A.30.010, 28.30.010.] 28A.235.040 (2010 Ed.) 28A.235.060 Advancement of costs from revolving fund moneys—Reimbursement by school district to include transaction expense. In purchasing or otherwise acquiring surplus or donated commodities on the requisition of a school district the superintendent may advance the purchase price and other cost of acquisition thereof from the surplus and donated food commodities revolving fund and the superintendent shall in due course bill the proper school district for the amount paid by him or her for the commodities plus a reasonable amount to cover the expenses incurred by the superintendent’s office in connection with the transaction. All payments received for surplus or donated commodities from school districts shall be deposited by the superintendent in the surplus and donated food commodities revolving fund. [1990 c 33 § 243; 1969 ex.s. c 223 § 28A.30.030. Prior: 1967 ex.s. c 92 § 4. Formerly RCW 28A.30.030, 28.30.030.] 28A.235.060 28A.235.070 Revolving fund created. There is created in the office of the state superintendent of public instruction a revolving fund to be designated the surplus and donated food commodities revolving fund. [1985 c 341 § 10; 1979 ex.s. c 20 § 1; 1969 ex.s. c 223 § 28A.30.040. Prior: 1967 ex.s. c 92 § 2. Formerly RCW 28A.30.040, 28.30.040.] 28A.235.070 28A.235.080 Revolving fund—Administration of fund—Use—School district requisition as prerequisite. The surplus and donated food commodities revolving fund shall be administered by the state superintendent of public instruction and be used solely for the purchase or other acquisition, including transportation, storage and other cost, of surplus or donable food commodities from the federal government. The superintendent may purchase or otherwise acquire such commodities only after requisition by a school district requesting such commodities. [1969 ex.s. c 223 § 28A.30.050. Prior: 1967 ex.s. c 92 § 3. Formerly RCW 28A.30.050, 28.30.050.] 28A.235.080 28A.235.090 Revolving fund—Depositories for fund, bond or security for—Manner of payments from fund. The surplus and donated food commodities revolving fund shall be deposited by the superintendent in such banks as he or she may select, but any such depository shall furnish a surety bond executed by a surety company or companies authorized to do business in the state of Washington, or collateral eligible as security for deposit of state funds, in at least the full amount of the deposit in each depository bank. Moneys shall be paid from the surplus and donated food commodities revolving fund by voucher and check in such form and in such manner as shall be prescribed by the superintendent. 28A.235.090 [Title 28A RCW—page 91] 28A.235.100 Title 28A RCW: Common School Provisions [1990 c 33 § 244; 1969 ex.s. c 223 § 28A.30.060. Prior: 1967 ex.s. c 92 § 5. Formerly RCW 28A.30.060, 28.30.060.] 28A.235.100 Rules. The superintendent of public instruction shall have power to adopt rules as may be necessary to effectuate the purposes of this chapter. [1993 c 333 § 5; 1990 c 33 § 245; 1969 ex.s. c 223 § 28A.30.070. Prior: 1967 ex.s. c 92 § 6. Formerly RCW 28A.30.070, 28.30.070.] 28A.235.100 28A.235.110 Suspension of laws, rules, inconsistent herewith. Any provision of law, or any resolution, rule or regulation which is inconsistent with the provisions of RCW 28A.235.040 through 28A.235.110 is suspended to the extent such provision is inconsistent herewith. [1990 c 33 § 246; 1969 ex.s. c 223 § 28A.30.080. Prior: 1967 ex.s. c 92 § 8. Formerly RCW 28A.30.080, 28.30.080.] 28A.235.110 28A.235.120 Meal programs—Establishment and operation—Personnel—Agreements. The directors of any school district may establish, equip and operate meal programs in school buildings for pupils; certificated and classified employees; volunteers; public agencies, political subdivisions, or associations that serve public entities while using school facilities; other local, state, or federal child nutrition programs; and for school or employee functions: PROVIDED, That the expenditures for food supplies shall not exceed the estimated revenues from the sale of meals, federal aid, Indian education fund lunch aid, or other anticipated revenue, including donations, to be received for that purpose: PROVIDED FURTHER, That the directors of any school district may provide for the use of kitchens and lunchrooms or other facilities in school buildings to furnish meals to elderly persons at cost as provided in RCW 28A.623.020: PROVIDED, FURTHER, That the directors of any school district may provide for the use of kitchens and lunchrooms or other facilities in school buildings to furnish meals at cost as provided in RCW 28A.623.030 to children who are participating in educational or training or care programs or activities conducted by private, nonprofit organizations and entities and to students who are attending private elementary and secondary schools. Operation for the purposes of this section shall include the employment and discharge for sufficient cause of personnel necessary for preparation of food or supervision of students during lunch periods and fixing their compensation, payable from the district general fund, or entering into agreement with a private agency for the establishment, management and/or operation of a food service program or any part thereof. [2002 c 36 § 1; 1997 c 13 § 4; 1990 c 33 § 247; 1979 ex.s. c 140 § 3; 1979 c 58 § 1; 1973 c 107 § 2; 1969 ex.s. c 223 § 28A.58.136. Prior: (i) 1947 c 31 § 1; 1943 c 51 § 1; 1939 c 160 § 1; Rem. Supp. 1947 § 4706-1. Formerly RCW 28A.58.136, 28.58.260. (ii) 1943 c 51 § 2; Rem. Supp. 1943 § 4706-2. Formerly RCW 28.58.270.] 28A.235.120 Nonprofit meal program for elderly—Purpose: RCW 28A.623.010. Additional notes found at www.leg.wa.gov 28A.235.130 Milk for children at school expense. The board of directors of any school district may cause to be furnished free of charge, in a suitable receptacle on each and every school day to such children in attendance desiring or in 28A.235.130 [Title 28A RCW—page 92] need of the same, not less than one-half pint of milk. The cost of supplying such milk shall be paid for in the same manner as other items of expense incurred in the conduct and operation of said school, except that available federal or state funds may be used therefor. [1969 ex.s. c 223 § 28A.31.020. Prior: 1935 c 15 § 1; 1923 c 152 § 1; 1921 c 190 § 1; RRS § 4806. Formerly RCW 28A.31.020, 28.31.020.] Food services—Use of federal funds: Chapter 28A.235 RCW. 28A.235.140 School breakfast programs. (1) For the purposes of this section: (a) "Free or reduced-price lunches" means lunches served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national school lunch program. (b) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773. (c) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to children from lowincome families. (2) School districts shall be required to develop and implement plans for a school breakfast program in severeneed schools, pursuant to the schedule in this section. For the second year prior to the implementation of the district’s school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify as severe-need schools. In developing its plan, each school district shall consult with an advisory committee including school staff and community members appointed by the board of directors of the district. (3) Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of public instruction shall adopt a schedule for implementation of school breakfast programs in severe-need schools as follows: (a) School districts where at least forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1990. Each such district shall implement a school breakfast program in all severeneed schools no later than the second day of school in the 1990-91 school year and in each school year thereafter. (b) School districts where at least twenty-five but less than forty percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1991. Each such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1991-92 school year and in each school year thereafter. (c) School districts where less than twenty-five percent of lunches served to students are free or reduced-price lunches shall submit a plan for implementation of a school breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992. Each 28A.235.140 (2010 Ed.) Food Services such district shall implement a school breakfast program in all severe-need schools no later than the second day of school in the 1992-93 school year and in each school year thereafter. (d) School districts that did not offer a school lunch program in the 1988-89 school year are encouraged to implement such a program and to provide a school breakfast program in all severe-need schools when eligible. (4) The requirements in this section shall lapse if the federal reimbursement rate for breakfasts served in severe-need schools is eliminated. (5) Students who do not meet family-income criteria for free breakfasts shall be eligible to participate in the school breakfast programs established under this section, and school districts may charge for the breakfasts served to these students. Requirements that school districts have school breakfast programs under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state’s obligation for basic education funding under Article IX of the Constitution. [1993 c 333 § 1; 1989 c 239 § 2. Formerly RCW 28A.29.040.] Additional notes found at www.leg.wa.gov 28A.235.145 School breakfast and lunch programs— Use of state funds. State funds received by school districts under this chapter for school breakfast and lunch programs shall be used to support the operating costs of the program, including labor, unless specific appropriations for nonoperating costs are provided. [1993 c 333 § 2.] 28A.235.145 28A.235.150 School breakfast and lunch programs— Grants to increase participation—Increased state support. (1) To the extent funds are appropriated, the superintendent of public instruction may award grants to school districts to increase participation in school breakfast and lunch programs, to improve program quality, and to improve the equipment and facilities used in the programs. School districts shall demonstrate that they have applied for applicable federal funds before applying for funds under this subsection. (2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for school breakfasts and lunches. [1993 c 333 § 3.] 28A.235.150 28A.235.155 Federal summer food service program—Administration of funds—Grants. (1) The superintendent of public instruction shall administer funds for the federal summer food service program. (2) The superintendent of public instruction may award grants, to the extent funds are appropriated, to eligible organizations to help start new summer food service programs for children or to help expand summer food services for children. [1993 c 333 § 4.] 28A.235.155 28A.235.160 Requirements to implement school breakfast, lunch, and summer food service programs— Exemptions. (1) For the purposes of this section: (a) "Free or reduced-price lunch" means a lunch served by a school district participating in the national school lunch program to a student qualifying for national school lunch program benefits based on family size-income criteria. 28A.235.160 (2010 Ed.) 28A.235.160 (b) "School lunch program" means a meal program meeting the requirements defined by the superintendent of public instruction under subsection (2)(b) of this section. (c) "School breakfast program" means a program meeting federal requirements defined in 42 U.S.C. Sec. 1773. (d) "Severe-need school" means a school that qualifies for a severe-need school reimbursement rate from federal funds for school breakfasts served to children from lowincome families. (e) "Summer food service program" means a meal or snack program meeting the requirements defined by the superintendent of public instruction under subsection (4) of this section. (2) School districts shall implement a school lunch program in each public school in the district in which educational services are provided to children in any of the grades kindergarten through four and in which twenty-five percent or more of the enrolled students qualify for a free or reducedprice lunch. In developing and implementing its school lunch program, each school district may consult with an advisory committee including school staff, community members, and others appointed by the board of directors of the district. (a) Applications to determine free or reduced-price lunch eligibility shall be distributed and collected for all households of children in schools containing any of the grades kindergarten through four and in which there are no United States department of agriculture child nutrition programs. The applications that are collected must be reviewed to determine eligibility for free or reduced-price lunches. Nothing in this section shall be construed to require completion or submission of the application by a parent or guardian. (b) Using the most current available school data on free and reduced-price lunch eligibility, the superintendent of public instruction shall adopt a schedule for implementation of school lunch programs at each school required to offer such a program under subsection (2) of this section as follows: (i) Schools not offering a school lunch program and in which twenty-five percent or more of the enrolled students are eligible for free or reduced-price lunch shall implement a school lunch program not later than the second day of school in the 2005-06 school year and in each school year thereafter. (ii) The superintendent shall establish minimum standards defining the lunch meals to be served, and such standards must be sufficient to qualify the meals for any available federal reimbursement. (iii) Nothing in this section shall be interpreted to prevent a school from implementing a school lunch program earlier than the school is required to do so. (3) To extent funds are appropriated for this purpose, each school district shall implement a school breakfast program in each school where more than forty percent of students eligible to participate in the school lunch program qualify for free or reduced-price meal reimbursement by the school year 2005-06. For the second year before the implementation of the district’s school breakfast program, and for each subsequent school year, each school district shall submit data enabling the superintendent of public instruction to determine which schools within the district will qualify for this requirement. Schools where lunch programs start after the 2003-04 school year, where forty percent of students [Title 28A RCW—page 93] 28A.235.170 Title 28A RCW: Common School Provisions qualify for free or reduced-price meals, must begin school breakfast programs the second year following the start of a lunch program. (4) Each school district shall implement a summer food service program in each public school in the district in which a summer program of academic, enrichment, or remedial services is provided and in which fifty percent or more of the children enrolled in the school qualify for free or reducedprice lunch. However, the superintendent of public instruction shall develop rules establishing criteria to permit an exemption for a school that can demonstrate availability of an adequate alternative summer feeding program. Sites providing meals should be open to all children in the area, unless a compelling case can be made to limit access to the program. The superintendent of public instruction shall adopt a definition of compelling case and a schedule for implementation as follows: (a) Beginning the summer of 2005 if the school currently offers a school breakfast or lunch program; or (b) Beginning the summer following the school year during which a school implements a school lunch program under subsection (2)(b) of this section. (5) Schools not offering a breakfast or lunch program may meet the meal service requirements of subsections (2)(b) and (4) of this section through any of the following: (a) Preparing the meals on-site; (b) Receiving the meals from another school that participates in a United States department of agriculture child nutrition program; or (c) Contracting with a nonschool entity that is a licensed food service establishment under RCW 69.07.010. (6) Requirements that school districts have a school lunch, breakfast, or summer nutrition program under this section shall not create or imply any state funding obligation for these costs. The legislature does not intend to include these programs within the state’s obligation for basic education funding under Article IX of the state Constitution. (7) The requirements in this section shall lapse if the federal reimbursement for any school breakfasts, lunches, or summer food service programs is eliminated. (8) School districts may be exempted from the requirements of this section by showing good cause why they cannot comply with the office of the superintendent of public instruction to the extent that such exemption is not in conflict with federal or state law. The process and criteria by which school districts are exempted shall be developed by the office of the superintendent of public instruction in consultation with representatives of school directors, school food service, community-based organizations and the Washington state PTA. [2005 c 287 § 1; 2004 c 54 § 2.] Findings—2005 c 287; 2004 c 54: "The legislature recognizes that hunger and food insecurity are serious problems in the state. Since the United States department of agriculture began to collect data on hunger and food insecurity in 1995, Washington has been ranked each year within the top ten states with the highest levels of hunger. A significant number of these households classified as hungry are families with children. The legislature recognizes the correlation between adequate nutrition and a child’s development and school performance. This problem can be greatly diminished through improved access to federal nutrition programs. The legislature also recognizes that improved access to federal nutrition and assistance programs, such as the federal food stamp program and child nutrition programs, can be a critical factor in enabling recipients to gain the ability to support themselves and their families. This is an important step [Title 28A RCW—page 94] towards self-sufficiency and decreased long-term reliance on governmental assistance and will serve to strengthen families in this state." [2005 c 287 § 2; 2004 c 54 § 1.] Conflict with federal requirements—2004 c 54: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [2004 c 54 § 6.] 28A.235.170 Washington grown fresh fruit and vegetable grant program. (1) The Washington grown fresh fruit and vegetable grant program is created in the office of the superintendent of public instruction. The purpose of the program is to facilitate consumption of Washington grown nutritious snacks in order to improve student health and expand the market for locally grown fresh produce. (2) For purposes of this section, "fresh fruit and vegetables" includes perishable produce that is unprocessed, minimally processed, frozen, dried, or otherwise prepared, stored, and handled to maintain its fresh nature while providing convenience to the user. Producing minimally processed food involves cleaning, washing, cutting, or portioning. (3) The program shall increase the number of school children with access to Washington grown fresh fruits and vegetables and shall be modeled after the United States department of agriculture fresh fruit and vegetable program, as described in 42 U.S.C. Sec. 1769(g). Schools receiving funds under the federal program are not eligible for grants under the Washington grown fresh fruit and vegetable grant program. (4)(a) To the extent that state funds are appropriated specifically for this purpose, the office of the superintendent of public instruction shall solicit applications, conduct a competitive process, and make one or two-year grants to a mix of urban and rural schools to enable eligible schools to provide free Washington grown fresh fruits and vegetables throughout the school day. (b) When evaluating applications and selecting grantees, the superintendent of public instruction shall consider and prioritize the following factors: (i) The applicant’s plan for ensuring the use of Washington grown fruits and vegetables within the program; (ii) The applicant’s plan for incorporating nutrition, agricultural stewardship education, and environmental education into the snack program; (iii) The applicant’s plan for establishing partnerships with state, local, and private entities to further the program’s objectives, such as helping the school acquire, handle, store, and distribute Washington grown fresh fruits and vegetables. (5)(a) The office of the superintendent of public instruction shall give funding priority to applicant schools with any of grades kindergarten through eight that: Participate in the national school lunch program and have fifty percent or more of their students eligible for free or reduced-price meals under the federal national school lunch act, 42 U.S.C. Sec. 1751 et seq. (b) If any funds remain after all eligible priority applicant schools have been awarded grants, the office of the superintendent of public instruction may award grants to 28A.235.170 (2010 Ed.) Skill Centers applicant schools having less than fifty percent of the students eligible for free or reduced-price meals. (6) The office of the superintendent of public instruction may adopt rules to carry out the grant program. (7) With assistance from the Washington department of agriculture, the office of the superintendent of public instruction shall develop and track specific, quantifiable outcome measures of the grant program such as the number of students served by the program, the dollar value of purchases of Washington grown fruits and vegetables resulting from the program, and development of state, local, and private partnerships that extend beyond the cafeteria. (8) As used in this section, "Washington grown" has the definition in RCW 15.64.060. [2008 c 215 § 3.] Findings—Intent—Short title—Captions not law—Conflict with federal requirements—2008 c 215: See notes following RCW 15.64.060. Chapter 28A.245 Chapter 28A.245 RCW SKILL CENTERS Sections 28A.245.005 28A.245.010 28A.245.020 28A.245.030 28A.245.040 28A.245.050 28A.245.060 28A.245.070 28A.245.080 28A.245.090 Findings. Skill centers—Purpose—Operation. Funding—Equivalency and apportionment. Revised guidelines for skill centers—Satellite and branch campus programs—Capital plan—Studies—Master plan—Rules. Expanded access—Targeted populations—Evaluation. Skill centers of excellence—Running start for career and technical education grant program—Career and technical programs of study. Director of skill centers. High school diplomas—Agreements with cooperating school districts—High school completion programs. Contracts with community or technical colleges—Courses leading to industry certificates or credentials for high school graduates. Contracts with community colleges—Enrollment lid—Fees. 28A.245.005 Findings. The legislature finds that student access to programs offered at skill centers can help prepare them for careers, apprenticeships, and postsecondary education. The legislature further finds that current limits on how school districts and skill centers report full-time equivalent students and the time students are served provide a disincentive for school districts to send their students to skill centers. The legislature further finds that there are barriers to providing access to students in rural and remote areas but that there are opportunities to do so with satellite and branch campus programs, distance and online learning programs, and collaboration with higher education, business, and labor. The legislature further finds that skill centers provide opportunities for dropout prevention and retrieval programs by offering programs that accommodate students’ work schedules and provide credit retrieval opportunities. The legislature further finds that implementing the recommendations from the study by the workforce training and education coordinating board will enhance skill center programs and student access to those programs. [2007 c 463 § 1.] 28A.245.005 28A.245.010 Skill centers—Purpose—Operation. A skill center is a regional career and technical education partnership established to provide access to comprehensive industry-defined career and technical programs of study that prepare students for careers, employment, apprenticeships, 28A.245.010 (2010 Ed.) 28A.245.030 and postsecondary education. A skill center is operated by a host school district and governed by an administrative council in accordance with a cooperative agreement. [2007 c 463 § 2.] 28A.245.020 28A.245.020 Funding—Equivalency and apportionment. Beginning in the 2007-08 school year and thereafter, students attending skill centers shall be funded for all classes at the skill center and the sending districts, up to one and sixtenths full-time equivalents or as determined in the omnibus appropriations act. The office of the superintendent of public instruction shall develop procedures to ensure that the school district and the skill center report no student for more than one and six-tenths full-time equivalent students combining both their high school enrollment and skill center enrollment. Additionally, the office of the superintendent of public instruction shall develop procedures for determining the appropriate share of the full-time equivalent enrollment count between the resident high school and skill center. [2007 c 463 § 3.] 28A.245.030 28A.245.030 Revised guidelines for skill centers— Satellite and branch campus programs—Capital plan— Studies—Master plan—Rules. (1) The office of the superintendent of public instruction shall review and revise the guidelines for skill centers to encourage skill center programs. The superintendent, in cooperation with the workforce training and education coordinating board, skill center directors, and the Washington association for career and technical education, shall review and revise the existing skill centers’ policy guidelines and create and adopt rules governing skill centers as follows: (a) The threshold enrollment at a skill center shall be revised so that a skill center program need not have a minimum of seventy percent of its students enrolled on the skill center core campus in order to facilitate serving rural students through expansion of skill center programs by means of satellite programs or branch campuses; (b) The developmental planning for branch campuses shall be encouraged. Underserved rural areas or high-density areas may partner with an existing skill center to create satellite programs or a branch campus. Once a branch campus reaches sufficient enrollment to become self-sustaining, it may become a separate skill center or remain an extension of the founding skill center; and (c) Satellite and branch campus programs shall be encouraged to address high-demand fields. (2) Rules adopted under this section shall allow for innovative models of satellite and branch campus programs, and such programs shall not be limited to those housed in physical buildings. (3) The superintendent of public instruction shall develop and deliver a ten-year capital plan for legislative review before implementation. The superintendent of public instruction shall adopt rules that set as a goal a ten percent minimum local project contribution threshold for major skill center projects, unless there is a compelling rationale not to do so, including but not limited to local economic conditions, as determined by the superintendent of public instruction. [Title 28A RCW—page 95] 28A.245.040 Title 28A RCW: Common School Provisions This applies to the acquisition or major capital costs of skill center projects as outlined in the ten-year capital plan. (4) Subject to available funding, the superintendent shall: (a) Conduct approved feasibility studies for serving noncooperative rural and high-density area students in their geographic areas; and (b) Develop a statewide master plan that identifies standards and resources needed to create a technology infrastructure for connecting all skill centers to the K-20 network. [2008 c 179 § 302; 2007 c 463 § 4.] Part headings not law—Severability—Effective date—2008 c 179: See RCW 28A.527.900 through 28A.527.902. 28A.245.040 Expanded access—Targeted populations—Evaluation. Subject to available funding, skill centers shall provide access to late afternoon and evening sessions and summer school programs, to rural and high-density area students aligned with regionally identified high-demand occupations. When possible, the programs shall be specifically targeted for credit retrieval, dropout prevention and intervention for at-risk students, and retrieval of dropouts. Skill centers that receive funding for these activities must participate in an evaluation that is designed to quantify results and identify best practices, collaborate with local community partners in providing a comprehensive program, and provide matching funds. [2007 c 463 § 5.] 28A.245.040 28A.245.050 Skill centers of excellence—Running start for career and technical education grant program— Career and technical programs of study. (1) The superintendent of public instruction shall establish and support skill centers of excellence in key economic sectors of regional significance. The superintendent shall broker the development of skill centers of excellence and identify their roles in developing curriculum and methodologies for reporting skill center course equivalencies for purposes of high school graduation. (2) Once the skill centers of excellence are established, the superintendent of public instruction shall develop and seek funding for a running start for career and technical education grant program to develop and implement career and technical programs of study targeted to regionally determined high-demand occupations. Grant recipients should be partnerships of skill centers of excellence, community college centers of excellence, tech-prep programs, industry advisory committees, area workforce development councils, and skill panels in the related industry. Grant recipients should be expected to develop and assist in the replication of model career and technical education programs of study. The career and technical education programs of study developed should be consistent with the expectations in the applicable federal law. [2007 c 463 § 6.] 28A.245.050 28A.245.060 Director of skill centers. To the extent funds are available, the superintendent of public instruction shall assign at least one full-time equivalent staff position within the office of the superintendent of public instruction to serve as the director of skill centers. [2009 c 578 § 7; 2007 c 463 § 7.] 28A.245.060 [Title 28A RCW—page 96] 28A.245.070 High school diplomas—Agreements with cooperating school districts—High school completion programs. Skill centers may enter into agreements with one or more cooperating school districts to grant a high school diploma on behalf of the district so that students who are juniors and seniors have an opportunity to attend the skill center on a full-time basis without coenrollment at a district high school. To avoid competition with other high schools in the cooperating district, high school completion programs operated by skill centers shall be designed as dropout prevention and retrieval programs for at-risk and credit-deficient students or for fifth-year seniors. A skill center may use grant awards from the building bridges program under RCW 28A.175.025 to develop high school completion programs as provided in this section. [2008 c 170 § 203.] 28A.245.070 Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. 28A.245.080 Contracts with community or technical colleges—Courses leading to industry certificates or credentials for high school graduates. (1) Subject to the provisions of this section and RCW 28B.50.532, a skill center may enter into an agreement with the community or technical college in which district the skill center is located to provide career and technical education courses necessary to complete an industry certificate or credential for students who have received a high school diploma. (2) To qualify for enrollment under this section, a student must have been enrolled in the skill center before receiving the high school diploma and must remain continuously enrolled in the skill center. A student may enroll only in those courses necessary to complete the industry certificate or credential associated with the student’s career and technical program. (3) Students enrolled in a skill center under this section shall be considered community and technical college students for purposes of enrollment reporting, tuition, and financial aid. The skill center shall maintain enrollment data for students enrolled under this section separately from data on secondary school enrollment. [2008 c 170 § 304.] 28A.245.080 Findings—Intent—Part headings not law—2008 c 170: See RCW 28A.700.005 and 28A.700.901. 28A.245.090 Contracts with community colleges— Enrollment lid—Fees. The community colleges are encouraged to contract with skill centers to use the skill center facilities. The community colleges shall not be required to count the enrollments under these agreements toward the community college enrollment lid. Skill centers may charge fees to adult students under RCW 28A.225.220. [1993 c 380 § 3. Formerly RCW 28C.22.020.] 28A.245.090 Chapter 28A.250 Chapter 28A.250 RCW ONLINE LEARNING Sections 28A.250.005 Findings—Intent. 28A.250.010 Definitions. 28A.250.020 Multidistrict online providers—Approval criteria—Advisory committee. 28A.250.030 Office of online learning—Duties. 28A.250.040 Duties of the superintendent of public instruction. (2010 Ed.) Online Learning 28A.250.050 Student access to online courses and online learning programs—Policies and procedures—Dissemination of information—Development of local or regional online learning programs. 28A.250.060 Availability of state basic education funding for students enrolled in online courses or programs. 28A.250.070 Rights of students to attend nonresident school district for the purposes of enrolling in online courses or programs. 28A.250.005 Findings—Intent. (1) The legislature finds that online learning provides tremendous opportunities for students to access curriculum, courses, and a unique learning environment that might not otherwise be available. The legislature supports and encourages online learning opportunities. (2) However, the legislature also finds that there is a need to assure quality in online learning, both for the programs and the administration of those programs. The legislature is the steward of public funds that support students enrolled in online learning and must ensure an appropriate accountability system at the state level. (3) Therefore, the legislature intends to take a first step in improving oversight and quality assurance of online learning programs, and intends to examine possible additional steps that may need to be taken to improve financial accountability. (4) The first step in improving quality assurance is to: (a) Provide objective information to students, parents, and educators regarding available online learning opportunities, including program and course content, how to register for programs and courses, teacher qualifications, student-toteacher ratios, prior course completion rates, and other evaluative information; (b) Create an approval process for multidistrict online providers; (c) Enhance statewide equity of student access to high quality online learning opportunities; and (d) Require school district boards of directors to develop policies and procedures for student access to online learning opportunities. [2009 c 542 § 1.] 28A.250.005 28A.250.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1)(a) "Multidistrict online provider" means: (i) A private or nonprofit organization that enters into a contract with a school district to provide online courses or programs to K-12 students from more than one school district; (ii) A private or nonprofit organization that enters into contracts with multiple school districts to provide online courses or programs to K-12 students from those districts; or (iii) Except as provided in (b) of this subsection, a school district that provides online courses or programs to students who reside outside the geographic boundaries of the school district. (b) "Multidistrict online provider" does not include a school district online learning program in which fewer than ten percent of the students enrolled in the program are from other districts under the interdistrict student transfer provisions of RCW 28A.225.225. "Multidistrict online provider" also does not include regional online learning programs that are jointly developed and implemented by two or more school districts or an educational service district through an 28A.250.010 (2010 Ed.) 28A.250.020 interdistrict cooperative program agreement that addresses, at minimum, how the districts share student full-time equivalency for state basic education funding purposes and how categorical education programs, including special education, are provided to eligible students. (2)(a) "Online course" means a course that: (i) Is delivered primarily electronically using the internet or other computer-based methods; and (ii) Is taught by a teacher primarily from a remote location. Students enrolled in an online course may have access to the teacher synchronously, asynchronously, or both. (b) "Online school program" means a school program that: (i) Is delivered primarily electronically using the internet or other computer-based methods; (ii) Is taught by a teacher primarily from a remote location. Students enrolled in an online program may have access to the teacher synchronously, asynchronously, or both; (iii) Delivers a part-time or full-time sequential program; and (iv) Has an online component of the program with online lessons and tools for student and data management. (c) An online course or online school program may be delivered to students at school as part of the regularly scheduled school day. An online course or online school program also may be delivered to students, in whole or in part, independently from a regular classroom schedule, but such courses or programs must comply with RCW 28A.150.262 to qualify for state basic education funding. [2009 c 542 § 2.] 28A.250.020 Multidistrict online providers— Approval criteria—Advisory committee. (1) The superintendent of public instruction, in collaboration with the state board of education, shall develop and implement approval criteria and a process for approving multidistrict online providers; a process for monitoring and if necessary rescinding the approval of courses or programs offered by an online course provider; and an appeals process. The criteria and processes shall be adopted by rule by December 1, 2009. (2) When developing the approval criteria, the superintendent of public instruction shall require that providers offering online courses or programs have accreditation through the Northwest association of accredited schools or another national, regional, or state accreditation program listed by the office of the superintendent of public instruction after consultation with the Washington coalition for online learning. In addition to other criteria, the approval criteria shall include the degree of alignment with state academic standards and require that all teachers be certificated in accordance with Washington state law. When reviewing multidistrict online providers that offer high school courses, the superintendent of public instruction shall assure that the courses offered by the provider are eligible for high school credit. However, final decisions regarding the awarding of high school credit shall remain the responsibility of school districts. (3) Initial approval of multidistrict online providers by the superintendent of public instruction shall be for four years. The superintendent of public instruction shall develop a process for the renewal of approvals and for rescinding approvals based on noncompliance with approval require28A.250.020 [Title 28A RCW—page 97] 28A.250.030 Title 28A RCW: Common School Provisions ments. Any multidistrict online provider that was approved by the digital learning commons or accredited by the Northwest association of accredited schools before July 26, 2009, and that meets the teacher certification requirements of subsection (2) of this section, is exempt from the initial approval process under this section until August 31, 2012, but must comply with the process for renewal of approvals and must comply with approval requirements. (4) The superintendent of public instruction shall make the first round of decisions regarding approval of multidistrict online providers by April 1, 2010. Thereafter, the superintendent of public instruction shall make annual approval decisions no later than November 1st of each year. (5) The superintendent of public instruction shall establish an online learning advisory committee within existing resources that shall provide advice to the superintendent regarding the approval criteria, major components of the web site, the model school district policy, model agreements, and other related matters. The committee shall include a representative of each of the following groups: Private and public online providers, parents of online students, accreditation organizations, educational service districts, school principals, teachers, school administrators, school board members, institutions of higher education, and other individuals as determined by the superintendent. Members of the advisory committee shall be selected by the superintendent based on nominations from statewide organizations, shall serve three-year terms, and may be reappointed. The superintendent shall select the chair of the committee. [2009 c 542 § 3.] 28A.250.030 Office of online learning—Duties. The superintendent of public instruction shall create an office of online learning. In the initial establishment of the office, the superintendent shall hire staff who have been employed by the digital learning commons to the extent such hiring is in accordance with state law and to the extent funds are available. The office shall: (1) Develop and maintain a web site that provides objective information for students, parents, and educators regarding online learning opportunities offered by multidistrict online providers that have been approved in accordance with RCW 28A.250.020. The web site shall include information regarding the online course provider’s overall instructional program, specific information regarding the content of individual online courses and online school programs, a direct link to each online course provider’s web site, how to register for online learning programs and courses, teacher qualifications, student-to-teacher ratios, course completion rates, and other evaluative and comparative information. The web site shall also provide information regarding the process and criteria for approving multidistrict online providers. To the greatest extent possible, the superintendent shall use the framework of the course offering component of the web site developed by the digital learning commons; (2) Develop model agreements with approved multidistrict online providers that address standard contract terms and conditions that may apply to contracts between a school district and the approved provider. The purpose of the agreements is to provide a template to assist individual school districts, at the discretion of the district, in contracting with multidistrict online providers to offer the multidistrict online 28A.250.030 [Title 28A RCW—page 98] provider’s courses and programs to students in the district. The agreements may address billing, fees, responsibilities of online course providers and school districts, and other issues; and (3) In collaboration with the educational service districts: (a) Provide technical assistance and support to school district personnel through the educational technology centers in the development and implementation of online learning programs in their districts; and (b) To the extent funds are available, provide online learning tools for students, teachers, administrators, and other educators. [2009 c 542 § 4.] 28A.250.040 Duties of the superintendent of public instruction. The superintendent of public instruction shall: (1) Develop model policies and procedures, in consultation with the Washington state school directors’ association, that may be used by school district boards of directors in the development of the school district policies and procedures required in RCW 28A.250.050. The model policies and procedures shall be disseminated to school districts by February 1, 2010; (2) By December 1, 2009, modify the standards for school districts to report course information to the office of the superintendent of public instruction under RCW 28A.300.500 to designate if the course was an online course. The reporting standards shall be required beginning with the 2010-11 school year; and (3) Beginning January 15, 2011, and annually thereafter, submit a report regarding online learning to the state board of education, the governor, and the legislature. The report shall cover the previous school year and include but not be limited to student demographics, course enrollment data, aggregated student course completion and passing rates, and activities and outcomes of course and provider approval reviews. [2009 c 542 § 5.] 28A.250.040 28A.250.050 Student access to online courses and online learning programs—Policies and procedures— Dissemination of information—Development of local or regional online learning programs. (1) By August 31, 2010, all school district boards of directors shall develop policies and procedures regarding student access to online courses and online learning programs. The policies and procedures shall include but not be limited to: Student eligibility criteria; the types of online courses available to students through the school district; the methods districts will use to support student success, which may include a local advisor; when the school district will and will not pay course fees and other costs; the granting of high school credit; and a process for students and parents or guardians to formally acknowledge any course taken for which no credit is given. The policies and procedures shall take effect beginning with the 2010-11 school year. School districts shall submit their policies to the superintendent of public instruction by September 15, 2010. By December 1, 2010, the superintendent of public instruction shall summarize the school district policies regarding student access to online courses and submit a report to the legislature. 28A.250.050 (2010 Ed.) Quality Education Council (2) School districts shall provide students with information regarding online courses that are available through the school district. The information shall include the types of information described in subsection (1) of this section. (3) When developing local or regional online learning programs, school districts shall incorporate into the program design the approval criteria developed by the superintendent of public instruction under RCW 28A.250.020. [2009 c 542 § 6.] 28A.250.060 Availability of state basic education funding for students enrolled in online courses or programs. (1) Beginning with the 2011-12 school year, school districts may claim state basic education funding, to the extent otherwise allowed by state law, for students enrolled in online courses or programs only if the online courses or programs are: (a) Offered by a multidistrict online provider approved under RCW 28A.250.020 by the superintendent of public instruction; (b) Offered by a school district online learning program if the program serves students who reside within the geographic boundaries of the school district, including school district programs in which fewer than ten percent of the program’s students reside outside the school district’s geographic boundaries; or (c) Offered by a regional online learning program where courses are jointly developed and offered by two or more school districts or an educational service district through an interdistrict cooperative program agreement. (2) Criteria shall be established by the superintendent of public instruction to allow online courses that have not been approved by the superintendent of public instruction to be eligible for state funding if the course is in a subject matter in which no courses have been approved and, if it is a high school course, the course meets Washington high school graduation requirements. [2009 c 542 § 7.] 28A.250.060 28A.250.070 Rights of students to attend nonresident school district for the purposes of enrolling in online courses or programs. Nothing in this chapter is intended to diminish the rights of students to attend a nonresident school district in accordance with RCW 28A.225.220 through 28A.225.230 for the purposes of enrolling in online courses or programs. [2009 c 542 § 8.] 28A.250.070 Chapter 28A.290 Chapter 28A.290 RCW QUALITY EDUCATION COUNCIL Sections 28A.290.010 Quality education council—Purpose—Membership and staffing—Reports. 28A.290.020 Funding formulas to support instructional program—Technical working group. 28A.290.010 Quality education council—Purpose— Membership and staffing—Reports. (1) The quality education council is created to recommend and inform the ongoing implementation by the legislature of an evolving program of basic education and the financing necessary to support such program. The council shall develop strategic recom28A.290.010 (2010 Ed.) 28A.290.010 mendations on the program of basic education for the common schools. The council shall take into consideration the capacity report produced under RCW 28A.300.172 and the availability of data and progress of implementing the data systems required under RCW 28A.655.210. Any recommendations for modifications to the program of basic education shall be based on evidence that the programs effectively support student learning. The council shall update the statewide strategic recommendations every four years. The recommendations of the council are intended to: (a) Inform future educational policy and funding decisions of the legislature and governor; (b) Identify measurable goals and priorities for the educational system in Washington state for a ten-year time period, including the goals of basic education and ongoing strategies for coordinating statewide efforts to eliminate the achievement gap and reduce student dropout rates; and (c) Enable the state of Washington to continue to implement an evolving program of basic education. (2) The council may request updates and progress reports from the office of the superintendent of public instruction, the state board of education, the professional educator standards board, and the department of early learning on the work of the agencies as well as educational working groups established by the legislature. (3) The chair of the council shall be selected from the councilmembers. The council shall be composed of the following members: (a) Four members of the house of representatives, with two members representing each of the major caucuses and appointed by the speaker of the house of representatives; (b) Four members of the senate, with two members representing each of the major caucuses and appointed by the president of the senate; (c) One representative each from the office of the governor, office of the superintendent of public instruction, state board of education, professional educator standards board, and department of early learning; and (d) One nonlegislative representative from the achievement gap oversight and accountability committee established under RCW 28A.300.136, to be selected by the members of the committee. (4) In the 2009 fiscal year, the council shall meet as often as necessary as determined by the chair. In subsequent years, the council shall meet no more than four times a year. (5)(a) The council shall submit an initial report to the governor and the legislature by January 1, 2010, detailing its recommendations, including recommendations for resolving issues or decisions requiring legislative action during the 2010 legislative session, and recommendations for any funding necessary to continue development and implementation of chapter 548, Laws of 2009. (b) The initial report shall, at a minimum, include: (i) Consideration of how to establish a statewide beginning teacher mentoring and support system; (ii) Recommendations for a program of early learning for at-risk children; (iii) A recommended schedule for the concurrent phasein of the changes to the instructional program of basic education and the implementation of the funding formulas and allocations to support the new instructional program of basic [Title 28A RCW—page 99] 28A.290.020 Title 28A RCW: Common School Provisions education as established under chapter 548, Laws of 2009. The phase-in schedule shall have full implementation completed by September 1, 2018; and (iv) A recommended schedule for phased-in implementation of the new distribution formula for allocating state funds to school districts for the transportation of students to and from school, with phase-in beginning no later than September 1, 2013. (6) The council shall submit a report to the legislature by January 1, 2012, detailing its recommendations for a comprehensive plan for a voluntary program of early learning. Before submitting the report, the council shall seek input from the early learning advisory council created in RCW 43.215.090. (7) The council shall submit a report to the governor and the legislature by December 1, 2010, that includes: (a) Recommendations for specific strategies, programs, and funding, including funding allocations through the funding distribution formula in RCW 28A.150.260, that are designed to close the achievement gap and increase the high school graduation rate in Washington public schools. The council shall consult with the achievement gap oversight and accountability committee and the building bridges work group in developing its recommendations; and (b) Recommendations for assuring adequate levels of state-funded classified staff to support essential school and district services. (8) The council shall be staffed by the office of the superintendent of public instruction and the office of financial management. Additional staff support shall be provided by the state entities with representatives on the council. Senate committee services and the house of representatives office of program research may provide additional staff support. (9) Legislative members of the council shall serve without additional compensation but may be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. [2010 c 236 § 15; 2010 c 234 § 4; 2009 c 548 § 114.] Reviser’s note: This section was amended by 2010 c 234 § 4 and by 2010 c 236 § 15, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Intent—2010 c 236: See note following RCW 28A.150.260. Intent—2010 c 234: See note following RCW 43.215.090. Effective date—2010 c 236 § 6: "Section 6 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 29, 2010]." [2010 c 236 § 20.] Technical working group—Supplemental funding options—2010 c 236; 2009 c 548: "(1) Beginning April 1, 2010, the office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to develop options for a new system of supplemental school funding through local school levies and local effort assistance. (2) The working group shall consider the impact on overall school district revenues of the new basic education funding system established under chapter 548, Laws of 2009 and shall recommend a phase-in plan that ensures that no school district suffers a decrease in funding from one school year to the next due to implementation of the new system of supplemental funding. (3) The working group shall also: (a) Examine local school district capacity to address facility needs [Title 28A RCW—page 100] associated with phasing-in full-day kindergarten across the state and reducing class size in kindergarten through third grade; and (b) Provide the quality education council with analysis on the potential use of local funds that may become available for redeployment and redirection as a result of increased state funding allocations for pupil transportation and maintenance, supplies, and operating costs. (4) The working group shall be composed of representatives from the department of revenue, the legislative evaluation and accountability program committee, school district and educational service district financial managers, and representatives of the Washington association of school business officers, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors’ association, the public school employees of Washington, and other interested stakeholders with expertise in education finance. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders. (5) The local funding working group shall be monitored and overseen by the legislature and by the quality education council created in RCW 28A.290.010. The working group shall report to the legislature June 30, 2011." [2010 c 236 § 6; 2009 c 548 § 302.] Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.290.020 Funding formulas to support instructional program—Technical working group. (1) The legislature intends to continue to redefine the instructional program of education under RCW 28A.150.220 that fulfills the obligations and requirements of Article IX of the state Constitution. The funding formulas under RCW 28A.150.260 to support the instructional program shall be implemented to the extent the technical details of the formula have been established and according to an implementation schedule to be adopted by the legislature. The object of the schedule is to assure that any increases in funding allocations are timely, predictable, and occur concurrently with any increases in program or instructional requirements. It is the intent of the legislature that no increased programmatic or instructional expectations be imposed upon schools or school districts without an accompanying increase in resources as necessary to support those increased expectations. (2) The office of financial management, with assistance and support from the office of the superintendent of public instruction, shall convene a technical working group to: (a) Develop the details of the funding formulas under RCW 28A.150.260; (b) Recommend to the legislature an implementation schedule for phasing-in any increased program or instructional requirements concurrently with increases in funding for adoption by the legislature; and (c) Examine possible sources of revenue to support increases in funding allocations and present options to the legislature and the quality education council created in RCW 28A.290.010 for consideration. (3) The working group shall include representatives of the legislative evaluation and accountability program committee, school district and educational service district financial managers, the Washington association of school business officers, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors’ association, the public school employees of Washington, and other interested stakeholders with expertise in education finance. The working group may convene advi28A.290.020 (2010 Ed.) Superintendent of Public Instruction sory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders. (4) The working group shall be monitored and overseen by the legislature and the quality education council established in RCW 28A.290.010. The working group shall submit its recommendations to the legislature by December 1, 2009. (5) After the 2009 report to the legislature, the office of financial management and the office of the superintendent of public instruction shall periodically reconvene the working group to monitor and provide advice on further development and implementation of the funding formulas under RCW 28A.150.260 and provide technical assistance to the ongoing work of the quality education council. [2010 c 236 § 5; 2009 c 548 § 112.] Intent—2010 c 236: See note following RCW 28A.150.260. Chapter 28A.300 RCW SUPERINTENDENT OF PUBLIC INSTRUCTION 28A.300.165 28A.300.170 28A.300.172 28A.300.173 28A.300.175 28A.300.185 28A.300.190 28A.300.220 28A.300.230 28A.300.235 28A.300.240 28A.300.250 28A.300.270 28A.300.275 Chapter 28A.300 28A.300.280 28A.300.285 Sections 28A.300.010 28A.300.020 Election—Term of office. Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel. 28A.300.030 Assistance of educational service district boards and superintendents—Scope. 28A.300.035 Assistance of certificated or classified employee—Reimbursement for substitute. 28A.300.040 Powers and duties. 28A.300.041 Statewide student assessment system—Redesign—Reports to the legislature. 28A.300.042 Student data-related reports—Disaggregation of data by subgroups. 28A.300.045 Pupil tests and records—Rules. 28A.300.050 Assistance to professional educator standards board for activities involving professional educator excellence. 28A.300.060 Studies and adoption of classifications for school district budgets—Publication. 28A.300.065 Classification and numbering system of school districts. 28A.300.070 Receipt of federal funds for school purposes—Superintendent of public instruction to administer. 28A.300.080 Vocational agriculture education—Intent. 28A.300.090 Vocational agriculture education—Service area established—Duties. 28A.300.100 Vocational agriculture education—Superintendent to adopt rules. 28A.300.115 Holocaust instruction—Preparation and availability of instructional materials. 28A.300.118 College credit program information—Notification to schools and parents. 28A.300.119 Online learning programs for college credit—Information. 28A.300.120 Administrative hearing—Contract to conduct authorized— Final decision. 28A.300.130 Center for the improvement of student learning—Educational improvement and research—Clearinghouse for information regarding educational improvement and parental involvement programs—Web site development and maintenance—Reports to the legislature. 28A.300.131 Parental involvement—Measures to evaluate level—Models and practices—Recognition. 28A.300.135 Center for the improvement of student learning account. 28A.300.136 Achievement gap oversight and accountability committee—Policy and strategy recommendations. 28A.300.1361 Closing the achievement gap—Enhancing data collection and data system capacity—Securing federal funds. 28A.300.137 Strategies to address the achievement gap—Improvement of education performance measures—Annual report. 28A.300.145 Educational materials regarding sex offenses, sex offenders, and victims of sexual assault. 28A.300.150 Information on child abuse and neglect prevention curriculum—Rules. 28A.300.160 Development of coordinated primary prevention program for child abuse and neglect—Office as lead agency. 28A.300.164 Energy information program. (2010 Ed.) 28A.300.290 28A.300.295 28A.300.300 28A.300.310 28A.300.320 28A.300.330 28A.300.340 28A.300.360 28A.300.370 28A.300.380 28A.300.390 28A.300.395 28A.300.400 28A.300.405 28A.300.410 28A.300.415 28A.300.420 28A.300.430 28A.300.440 28A.300.445 28A.300.450 28A.300.460 28A.300.462 28A.300.464 28A.300.465 28A.300.475 28A.300.480 28A.300.490 28A.300.500 28A.300.505 28A.300.507 Chapter 28A.300 National guard high school career training and national guard youth challenge program—Rules. State general fund—Estimates for state support to public schools, from. Prototypical funding allocation model—Determination of educational system’s capacity to accommodate increased resources—Identification of limitations— Reports. Prototypical funding model—District allocation of state resources—Public access on internet-based portal. Recovery of payments to recipients of state money— Basis—Resolution of audit findings—Rules. Family preservation education program. Coordination of video telecommunications programming in schools. Cooperation with workforce training and education coordinating board. Findings—Integration of vocational and academic education. Development of model curriculum integrating vocational and academic education. International student exchange. Participation in federal nutrition programs—Superintendent’s duties. Violence prevention training. Alternative school start-up grants—School safety grants— Report to legislative committees. Conflict resolution program. Harassment, intimidation, and bullying prevention policies and procedures—Model policy and procedure—Training materials—Posting on web site—Rules—Advisory committee. Effective reading programs—Identification. Identified programs—Grants for in-service training and instructional materials. Effective reading programs—Information—Development and implementation of strategies. Second grade reading assessment—Selection of reading passages—Costs. Second grade reading assessment—Pilot projects—Assessment selection—Assessment results. Primary grade reading grant program. Primary grade reading grant program—Timelines—Rules. Grants for programs and services—Truant, at-risk, and expelled students. World War II oral history project. Career and technical student organizations—Support services. Washington civil liberties public education program— Findings. Washington civil liberties public education program— Intent. Washington civil liberties public education program—Definition. Washington civil liberties public education program—Created—Purpose. Washington civil liberties public education program— Grants—Acceptance of gifts, grants, or endowments. Washington civil liberties public education program— Short title. Student court programs. Collaboration with children’s system of care demonstration sites. Natural science, wildlife, and environmental education grant program. Washington natural science, wildlife, and environmental education partnership account. Financial education public-private partnership—Established. Financial education public-private partnership responsibilities—Annual report. Financial education public-private partnership—Financial education learning standards—Technical assistance and grants for demonstration projects—Report. Financial education public-private partnership—Contents of report. Financial education public-private partnership account. Medically accurate sexual health education—Curricula— Participation excused—Parental review. Civic education travel grant program. Task force on gangs in schools—Reports. Longitudinal student data system. School data systems—Standards—Reporting format. K-12 data governance group—Duties—Reports. [Title 28A RCW—page 101] 28A.300.010 28A.300.510 28A.300.515 28A.300.520 28A.300.525 28A.300.530 28A.300.540 28A.300.800 28A.300.801 Title 28A RCW: Common School Provisions After-school mathematics support program—Reports. Statewide director for math, science, and technology— Duties—Reporting. Policies to support children of incarcerated parents. Students in children’s administration out-of-home care— Report on educational experiences. Individuals with dyslexia—Identification and instruction— Handbook—Reports. Uniform process to track expenditures for transporting homeless students—Rules—Information to agency council on coordinated transportation. Education of school-age children in short-term foster care—Working group—Recommendations to legislature. Legislative youth advisory council. Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300. Council for children and families, superintendent or designee as member: RCW 43.121.020. Driving instructor’s licensing, adoption by superintendent of rules: RCW 46.82.320. Interagency agreement on fetal alcohol exposure programs: RCW 70.96A.510. Occupational forecast—Agency consultation: RCW 50.38.030. State investment board, appointment of member by superintendent: RCW 43.33A.020. 1967 c 158 § 3; 1909 c 97 p 234 § 4; RRS § 4524; prior: 1905 c 56 § 1; 1903 c 104 § 10; 1897 c 118 § 23; 1890 p 351 § 5. Formerly RCW 28A.03.020, 28.03.020, 43.11.020.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.300.030 28A.300.030 Assistance of educational service district boards and superintendents—Scope. The superintendent of public instruction, by rule or regulation, may require the assistance of educational service district boards and/or superintendents in the performance of any duty, authority, or power imposed upon or granted to the superintendent of public instruction by law or by the Constitution of the state of Washington, upon such terms and conditions as the superintendent of public instruction shall establish. Such authority to assist the superintendent of public instruction shall be limited to the service function of information collection and dissemination and the attestment to the accuracy and completeness of submitted information. [1975 1st ex.s. c 275 § 46; 1971 ex.s. c 282 § 29. Formerly RCW 28A.03.028.] Additional notes found at www.leg.wa.gov 28A.300.010 Election—Term of office. A superintendent of public instruction shall be elected by the qualified electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are elected, and shall hold his or her office for the term of four years, and until his or her successor is elected and qualified. [1990 c 33 § 250; 1969 ex.s. c 223 § 28A.03.010. Prior: 1909 c 97 p 231 § 1; RRS § 4521; prior: 1897 c 118 § 20; 1891 c 127 § 1; 1890 p 348 § 3; Code 1881 § 3154; 1873 p 419 § 1; 1861 p 55 § 1. Formerly RCW 28A.03.010, 28.03.010, 43.11.010.] 28A.300.010 28A.300.020 Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel. The superintendent of public instruction may appoint assistant superintendents of public instruction, a deputy superintendent of public instruction, and may employ such other assistants and clerical help as are necessary to carry out the duties of the superintendent and the state board of education. However, the superintendent shall employ without undue delay the executive director of the state board of education and other state board of education office assistants and clerical help, appointed by the state board under RCW 28A.305.130, whose positions are allotted and funded in accordance with moneys appropriated exclusively for the operation of the state board of education. The rate of compensation and termination of any such executive director, state board office assistants, and clerical help shall be subject to the prior consent of the state board of education. The assistant superintendents, deputy superintendent, and such other officers and employees as are exempted from the provisions of chapter 41.06 RCW, shall serve at the pleasure of the superintendent or at the pleasure of the superintendent and the state board of education as provided in this section. Expenditures by the superintendent of public instruction for direct and indirect support of the state board of education are valid operational expenditures by and in behalf of the office of the superintendent of public instruction. [2005 c 497 § 403; 1996 c 25 § 2; 1969 ex.s. c 223 § 28A.03.020. Prior: 28A.300.020 [Title 28A RCW—page 102] 28A.300.035 28A.300.035 Assistance of certificated or classified employee—Reimbursement for substitute. If the superintendent of public instruction or the state board of education, in carrying out their powers and duties under Title 28A RCW, request the service of any certificated or classified employee of a school district upon any committee formed for the purpose of furthering education within the state, or within any school district therein, and such service would result in a need for a school district to employ a substitute for such certificated or classified employee during such service, payment for such a substitute may be made by the superintendent of public instruction from funds appropriated by the legislature for the current use of the common schools and such payments shall be construed as amounts needed for state support to the common schools under RCW 28A.150.380. If such substitute is paid by the superintendent of public instruction, no deduction shall be made from the salary of the certificated or classified employee. In no event shall a school district deduct from the salary of a certificated or classified employee serving on such committee more than the amount paid the substitute employed by the district. [1994 c 113 § 1; 1990 c 33 § 147; 1973 1st ex.s. c 3 § 1. Formerly RCW 28A.160.220, 28A.41.180.] 28A.300.040 28A.300.040 Powers and duties. In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be: (1) To have supervision over all matters pertaining to the public schools of the state; (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools; (3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the (2010 Ed.) Superintendent of Public Instruction common schools, and to distribute the same to educational service district superintendents; (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, and of consulting educational service district superintendents or other school officials; (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be made available online and which shall be sold at approximate actual cost of publication and distribution per volume to public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent’s account within the state printing plant revolving fund by a like amount; (6) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent’s office, and the superintendent’s official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent’s official seal, and when so certified shall be evidence of the papers or acts so certified to; (7) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager, or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct; (8) To keep in the superintendent’s office a record of all teachers receiving certificates to teach in the common schools of this state; (9) To issue certificates as provided by law; (10) To keep in the superintendent’s office at the capital of the state, all books and papers pertaining to the business of the superintendent’s office, and to keep and preserve in the superintendent’s office a complete record of statistics, as well as a record of the meetings of the state board of education; (11) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent’s decision shall be final unless set aside by a court of competent jurisdiction; (12) To administer oaths and affirmations in the discharge of the superintendent’s official duties; (13) To deliver to his or her successor, at the expiration of the superintendent’s term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent’s office or which may have been received by the superintendent’s for the use of the superintendent’s office; (2010 Ed.) 28A.300.041 (14) To administer family services and programs to promote the state’s policy as provided in RCW 74.14A.025; (15) To promote the adoption of school-based curricula and policies that provide quality, daily physical education for all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes; (16) To perform such other duties as may be required by law. [2009 c 556 § 10; 2006 c 263 § 104; 2005 c 360 § 6; 1999 c 348 § 6; 1992 c 198 § 6; 1991 c 116 § 2; 1990 c 33 § 251; 1982 c 160 § 2; 1981 c 249 § 1; 1977 c 75 § 17; 1975 1st ex.s. c 275 § 47; 1971 ex.s. c 100 § 1; 1969 ex.s. c 176 § 102; 1969 ex.s. c 223 § 28A.03.030. Prior: 1967 c 158 § 4; 1909 c 97 p 231 § 3; RRS § 4523; prior: 1907 c 240 § 1; 1903 c 104 § 9; 1901 c 177 § 5; 1901 c 41 § 1; 1899 c 142 § 4; 1897 c 118 § 22; 1891 c 127 §§ 1, 2; 1890 pp 348-351 §§ 3, 4; Code 1881 §§ 3155-3160; 1873 p 419 §§ 2-6; 1861 p 55 §§ 2, 3, 4. Formerly RCW 28A.03.030, 28.03.030, 43.11.030.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Findings—Intent—2005 c 360: See note following RCW 36.70A.070. Intent—1999 c 348: See note following RCW 28A.205.010. Additional notes found at www.leg.wa.gov 28A.300.041 Statewide student assessment system— Redesign—Reports to the legislature. (1) The legislature finds that a statewide student assessment system should improve and inform classroom instruction, support accountability, and provide useful information to all levels of the educational system, including students, parents, teachers, schools, school districts, and the state. The legislature intends to redesign the current statewide system, in accordance with the recommendations of the Washington assessment of student learning legislative work group, to: (a) Include multiple assessment formats, including both formative and summative, as necessary to provide information to help improve instruction and inform accountability; (b) Enable collection of data that allows both statewide and nationwide comparisons of student learning and achievement; and (c) Be balanced so that the information used to make significant decisions that affect school accountability or student educational progress includes many data points and does not rely on solely the results of a single assessment. (2) The legislature further finds that one component of the assessment system should be instructionally supportive formative assessments. The key design elements or characteristics of an instructionally supportive assessment must: (a) Be aligned to state standards in areas that are being assessed; (b) Measure student growth and competency at multiple points throughout the year in a manner that allows instructors to monitor student progress and have the necessary trend data with which to improve instruction; (c) Provide rapid feedback; (d) Link student growth with instructional elements in order to gauge the effectiveness of educators and curricula; (e) Provide tests that are appropriate to the skill level of the student; 28A.300.041 [Title 28A RCW—page 103] 28A.300.042 Title 28A RCW: Common School Provisions (f) Support instruction for students of all abilities, including highly capable students and students with learning disabilities; (g) Be culturally, linguistically, and cognitively relevant, appropriate, and understandable to each student taking the assessment; (h) Inform parents and draw parents into greater participation of the student’s study plan; (i) Provide a way to analyze the assessment results relative to characteristics of the student such as, but not limited to, English language learners, gender, ethnicity, poverty, age, and disabilities; (j) Strive to be computer-based and adaptive; and (k) Engage students in their learning. (3) The legislature further finds that a second component of the assessment system should be a state-administered summative achievement assessment that can be used as a check on the educational system in order to guide state expectations for the instruction of children and satisfy legislative demands for accountability. The key design elements or characteristics of the state administered achievement assessment must: (a) Be aligned to state standards in areas that are being assessed; (b) Maintain and increase academic rigor; (c) Measure student learning growth over years; and (d) Strengthen curriculum. (4) The legislature further finds that a third component of the assessment system should include classroom-based assessments, which may be formative, summative, or both. Depending on their use, classroom-based assessments should have the same design elements and characteristics described in this section for formative and summative assessments. (5) The legislature further finds that to sustain a strong and viable assessment system, preservice and ongoing training should be provided for teachers and administrators on the effective use of different types of assessments. (6) The legislature further finds that as the statewide data system is developed, data should be collected for all staterequired statewide assessments to be used for accountability and to monitor overall student achievement. (7) The superintendent of public instruction, in consultation with the state board of education, shall begin design and development of an overall assessment system that meets the principles and characteristics described in this section. In designing formative and summative assessments, the superintendent shall solicit bids for the use of computerized adaptive testing methodologies. (8) Beginning December 1, 2009, and annually thereafter, the superintendent and state board shall jointly report to the legislature regarding the assessment system, including a cost analysis of any changes and costs to expand availability and use of instructionally supportive formative assessments. [2009 c 310 § 1.] 28A.300.042 Student data-related reports—Disaggregation of data by subgroups. All student data-related reports required of the superintendent of public instruction in this title must be disaggregated by at least the following subgroups of students: White, Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, low income, transitional bilingual, migrant, special 28A.300.042 [Title 28A RCW—page 104] education, and students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794). [2009 c 468 § 4.] F ind ing s— Inte nt— 2 009 c 46 8: See n ot e fol l ow i ng RC W 28A.300.136. 28A.300.045 Pupil tests and records—Rules. The superintendent of public instruction shall adopt rules relating to pupil tests and records. [2006 c 263 § 704.] 28A.300.045 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.300.050 Assistance to professional educator standards board for activities involving professional educator excellence. The superintendent of public instruction shall provide technical assistance to the professional educator standards board in the conduct of the activities described in RCW 28A.410.040 and 28A.410.050. [2006 c 263 § 819; 1990 c 33 § 252; 1987 c 525 § 227. Formerly RCW 28A.03.375.] 28A.300.050 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—Short title—1987 c 525 §§ 202-233: See notes following RCW 28A.410.040. Additional notes found at www.leg.wa.gov 28A.300.060 Studies and adoption of classifications for school district budgets—Publication. The superintendent of public instruction and the state auditor jointly, and in cooperation with the senate and house committees on education, shall conduct appropriate studies and adopt classifications or revised classifications under RCW 28A.505.100, defining what expenditures shall be charged to each budget class including administration. The studies and classifications shall be published in the form of a manual or revised manual, suitable for use by the governing bodies of school districts, by the superintendent of public instruction, and by the legislature. [1991 c 116 § 3; 1990 c 33 § 253; 1975-’76 2nd ex.s. c 118 § 23; 1975 1st ex.s. c 5 § 1. Formerly RCW 28A.03.350.] 28A.300.060 Additional notes found at www.leg.wa.gov 28A.300.065 Classification and numbering system of school districts. (1) The superintendent of public instruction is responsible for the classification and numbering system of school districts. (2) Any school district in the state that has a student enrollment in its public schools of two thousand pupils or more, as shown by evidence acceptable to the educational service district superintendent and the superintendent of public instruction, is a school district of the first class. Any other school district is a school district of the second class. (3) Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, the educational service district superintendent shall make an order in conformity with his or her findings and alter the records of his or her office accordingly. Thereafter, the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which the district then belongs. 28A.300.065 (2010 Ed.) Superintendent of Public Instruction (4) Notwithstanding any other provision of chapter 43, Laws of 1975, the educational service district superintendent, with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any school district for a period not exceeding three years when, in fact, the student enrollment of the district within any such time period does not exceed ten percent, either in a decrease or increase thereof. [1999 c 315 § 202.] Additional notes found at www.leg.wa.gov 28A.300.070 Receipt of federal funds for school purposes—Superintendent of public instruction to administer. The state of Washington and/or any school district is hereby authorized to receive federal funds made or hereafter made available by acts of congress for the assistance of school districts in providing physical facilities and/or maintenance and operation of schools, or for any other educational purpose, according to provisions of such acts, and the state superintendent of public instruction shall represent the state in the receipt and administration of such funds. [1969 ex.s. c 223 § 28A.02.100. Prior: 1943 c 220 § 4; Rem. Supp. 1943 § 5109-4. Formerly RCW 28A.02.100, 28.02.100.] 28A.300.070 28A.300.080 Vocational agriculture education— Intent. The legislature recognizes that agriculture is the most basic and singularly important industry in the state, that agriculture is of central importance to the welfare and economic stability of the state, and that the maintenance of this vital industry requires a continued source of trained and qualified individuals who qualify for employment in agriculture and agribusiness. The legislature declares that it is within the best interests of the people and state of Washington that a comprehensive vocational education program in agriculture be maintained in the state’s secondary school system. [1983 1st ex.s. c 34 § 1. Formerly RCW 28A.03.415.] 28A.300.080 28A.300.090 Vocational agriculture education—Service area established—Duties. (1) A vocational agriculture education service area within the office of the superintendent of public instruction shall be established. Adequate staffing of individuals trained or experienced in the field of vocational agriculture shall be provided for the vocational agriculture education service area for coordination of the state program and to provide assistance to local school districts for the coordination of the activities of student agricultural organizations and associations. (2) The vocational agriculture education service area shall: (a) Assess needs in vocational agriculture education, assist local school districts in establishing vocational agriculture programs, review local school district applications for approval of vocational agriculture programs, evaluate existing programs, plan research and studies for the improvement of curriculum materials for specialty areas of vocational agriculture. Standards and criteria developed under this subsection shall satisfy the mandates of federally-assisted vocational education; (b) Develop in-service programs for teachers and administrators of vocational agriculture, review application for vocational agriculture teacher certification, and assist in 28A.300.090 (2010 Ed.) 28A.300.118 teacher recruitment and placement in vocational agriculture programs; (c) Serve as a liaison with the Future Farmers of America, representatives of business, industry, and appropriate public agencies, and institutions of higher education in order to disseminate information, promote improvement of vocational agriculture programs, and assist in the development of adult and continuing education programs in vocational agriculture; and (d) Establish an advisory task force committee of agriculturists, who represent the diverse areas of the agricultural industry in Washington, which shall make annual recommendations including, but not limited to, the development of curriculum, staffing, strategies for the purpose of establishing a source of trained and qualified individuals in agriculture, and strategies for articulating the state program in vocational agriculture education, including youth leadership throughout the state school system. [1983 1st ex.s. c 34 § 2. Formerly RCW 28A.03.417.] 28A.300.100 Vocational agriculture education— Superintendent to adopt rules. The superintendent of public instruction, pursuant to chapter 34.05 RCW, shall adopt such rules as are necessary to carry out the provisions of RCW 28A.300.090. [1990 c 33 § 254; 1983 1st ex.s. c 34 § 3. Formerly RCW 28A.03.419.] 28A.300.100 28A.300.115 Holocaust instruction—Preparation and availability of instructional materials. (1) Every public high school is encouraged to include in its curriculum instruction on the events of the period in modern world history known as the Holocaust, during which six million Jews and millions of non-Jews were exterminated. The instruction may also include other examples from both ancient and modern history where subcultures or large human populations have been eradicated by the acts of humankind. The studying of this material is a reaffirmation of the commitment of free peoples never again to permit such occurrences. (2) The superintendent of public instruction may prepare and make available to all school districts instructional materials for use as guidelines for instruction under this section. [1992 c 24 § 1.] 28A.300.115 28A.300.118 College credit program information— Notification to schools and parents. (1) Beginning with the 2000-01 school year, the superintendent of public instruction shall notify senior high schools and any other public school that includes ninth grade of the names and contact information of public and private entities offering programs leading to college credit, including information about online advanced placement classes, if the superintendent has knowledge of such entities and if the cost of reporting these entities is minimal. (2) Beginning with the 2000-01 school year, each senior high school and any other public school that includes ninth grade shall publish annually and deliver to each parent with children enrolled in ninth through twelfth grades, information concerning the entrance requirements and the availability of programs in the local area that lead to college credit, including classes such as advanced placement, running start, tech28A.300.118 [Title 28A RCW—page 105] 28A.300.119 Title 28A RCW: Common School Provisions prep, skill centers, college in the high school, and international baccalaureate programs. The information may be included with other information the school regularly mails to parents. In addition, each senior high school and any other public school that includes ninth grade shall enclose information of the names and contact information of other public or private entities offering such programs, including online advanced placement programs, to its ninth through twelfth grade students if the school has knowledge of such entities. [2000 c 126 § 1.] Reviser’s note: 2000 c 126 directed that this section be added to chapter 28A.320 RCW. This section has been codified in chapter 28A.300 RCW, which relates more directly to duties of the superintendent of public instruction. 28A.300.119 Online learning programs for college credit—Information. (1) The office of the superintendent of public instruction shall compile information about online learning programs for high school students to earn college credit and place the information on its web site. Examples of information to be compiled and placed on the web site include links to purveyors of online learning programs, comparisons among various types of programs regarding costs or awarding of credit, advantages and disadvantages of online learning programs, and other general assistance and guidance for students, teachers, and counselors in selecting and considering online learning programs. The office shall use the expertise of the digital learning commons and WashingtonOnline to provide assistance and suggest resources. (2) High schools shall ensure that teachers and counselors have information about online learning programs for high school students to earn college credit and are able to assist parents and students in accessing the information. High schools shall ensure that parents and students have opportunities to learn about online learning programs under this section. (3) For the purposes of this section, online learning programs for high school students to earn college credit include such programs as the running start program under RCW 28A.600.300 through 28A.600.400, advanced placement courses authorized by the college board, the digital learning commons, University of Washington extension, WashingtonOnline, and other programs and providers that meet qualifications under current laws and rules to offer courses that high schools may accept for credit toward graduation requirements or that offer courses generally accepted for credit by public institutions of higher education in Washington. [2008 c 95 § 2.] 28A.300.119 Finding—2008 c 95: "The legislature finds that student interest and participation in online learning continues to grow. At the same time, the legislature, business community, and public are encouraging additional programs for high school students to earn college credits. Fortunately for students attending schools in rural areas, the two trends can be combined to provide learning opportunities that are both rigorous and accessible, and in some cases available free to the student. In 2006-07, more than four thousand five hundred students were able to take an online college course through the running start program, which the community and technical college system makes accessible statewide through its WashingtonOnline consortium. A more concerted effort is needed to make schools and students aware of these opportunities." [2008 c 95 § 1.] 28A.300.120 Administrative hearing—Contract to conduct authorized—Final decision. Whenever a statute or 28A.300.120 [Title 28A RCW—page 106] rule provides for a formal administrative hearing before the superintendent of public instruction under chapter 34.05 RCW, the superintendent of public instruction may contract with the office of administrative hearings to conduct the hearing under chapter 34.12 RCW and may delegate to a designee of the superintendent of public instruction the authority to render the final decision. [1985 c 225 § 1. Formerly RCW 28A.03.500.] 28A.300.130 Center for the improvement of student learning—Educational improvement and research— Clearinghouse for information regarding educational improvement and parental involvement programs—Web site development and maintenance—Reports to the legislature. (1) To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The center shall work in conjunction with parents, educational service districts, institutions of higher education, and education, parent, community, and business organizations. (2) The center, to the extent funds are appropriated for this purpose, and in conjunction with other staff in the office of the superintendent of public instruction, shall: (a) Serve as a clearinghouse for information regarding successful educational improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational improvement initiatives in Washington schools and districts; (b) Provide best practices research that can be used to help schools develop and implement: Programs and practices to improve instruction; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; schoolto-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the needs of students with disabilities; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements; (c) Develop and maintain an internet web site to increase the availability of information, research, and other materials; (d) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available and the broadened school board powers under RCW 28A.320.015; (e) Provide training and consultation services, including conducting regional summer institutes; (f) Identify strategies for improving the success rates of ethnic and racial student groups and students with disabilities, with disproportionate academic achievement; (g) Work with parents, teachers, and school districts in establishing a model absentee notification procedure that will 28A.300.130 (2010 Ed.) Superintendent of Public Instruction properly notify parents when their student has not attended a class or has missed a school day. The office of the superintendent of public instruction shall consider various types of communication with parents including, but not limited to, electronic mail, phone, and postal mail; and (h) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section. (3) The superintendent of public instruction shall select and employ a director for the center. (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or communitybased organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts. (5) The office of the superintendent of public instruction shall report to the legislature by September 1, 2007, and thereafter biennially, regarding the effectiveness of the center for the improvement of student learning, how the services provided by the center for the improvement of student learning have been used and by whom, and recommendations to improve the accessibility and application of knowledge and information that leads to improved student learning and greater family and community involvement in the public education system. [2009 c 578 § 6; 2008 c 165 § 1; 2006 c 116 § 2; 1999 c 388 § 401; 1996 c 273 § 5; 1993 c 336 § 501; 1986 c 180 § 1. Formerly RCW 28A.03.510.] Findings—Intent—2006 c 116: "The legislature finds that expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. The legislature further finds that students and schools benefit from increased parental, guardian, and community involvement in education and increased knowledge of and input regarding the delivery of public education. The legislature further finds that increased community involvement with, knowledge of, and input regarding the public education system is particularly needed in low-income and ethnic minority communities. The legislature finds that the center for the improvement of student learning, created by the legislature in 1993 under the auspices of the superintendent of public instruction, has not been allocated funding since the 20012003 biennium, and in effect no longer exists. It is the intent of the legislature to reactivate the center for the improvement of student learning, and to create an educational ombudsman to increase parent, guardian, and community involvement in public education and to serve as a resource for parents and students and as an advocate for students in the public education system." [2006 c 116 § 1.] Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. Definitions: RCW 28A.655.010. Additional notes found at www.leg.wa.gov 28A.300.131 Parental involvement—Measures to evaluate level—Models and practices—Recognition. There is a sizeable body of research positively supporting the involvement of parents taking an engaged and active role in their child’s education. Therefore, the legislature intends to provide state recognition by the center for the improvement 28A.300.131 (2010 Ed.) 28A.300.136 of student learning within the office of the superintendent of public instruction for schools that increase the level of direct parental involvement with their child’s education. By September 1, 2010, the center for the improvement of student learning shall determine measures that can be used to evaluate the level of parental involvement in a school. The center for the improvement of student learning shall collaborate with school district family and community outreach programs and educational service districts to identify and highlight successful models and practices of parent involvement. [2010 c 235 § 704.] Finding—2010 c 235: See note following RCW 28A.405.245. 28A.300.135 Center for the improvement of student learning account. (1) The center for the improvement of student learning account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received from gifts, grants, or endowments for the center for the improvement of student learning. Moneys in the account may be spent only for activities of the center. Disbursements from the account shall be on authorization of the superintendent of public instruction or the superintendent’s designee. The account is subject to the allotment procedure provided under chapter 43.88 RCW, but no appropriation is required for disbursements. (2) The superintendent of public instruction may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the center for the improvement of student learning and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments. [1993 c 336 § 502.] 28A.300.135 Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210. Findings—1993 c 336: See note following RCW 28A.150.210. 28A.300.136 Achievement gap oversight and accountability committee—Policy and strategy recommendations. (1) An achievement gap oversight and accountability committee is created to synthesize the findings and recommendations from the 2008 achievement gap studies into an implementation plan, and to recommend policies and strategies to the superintendent of public instruction, the professional educator standards board, and the state board of education to close the achievement gap. (2) The committee shall recommend specific policies and strategies in at least the following areas: (a) Supporting and facilitating parent and community involvement and outreach; (b) Enhancing the cultural competency of current and future educators and the cultural relevance of curriculum and instruction; (c) Expanding pathways and strategies to prepare and recruit diverse teachers and administrators; (d) Recommending current programs and resources that should be redirected to narrow the gap; (e) Identifying data elements and systems needed to monitor progress in closing the gap; 28A.300.136 [Title 28A RCW—page 107] 28A.300.1361 Title 28A RCW: Common School Provisions (f) Making closing the achievement gap part of the school and school district improvement process; and (g) Exploring innovative school models that have shown success in closing the achievement gap. (3) Taking a multidisciplinary approach, the committee may seek input and advice from other state and local agencies and organizations with expertise in health, social services, gang and violence prevention, substance abuse prevention, and other issues that disproportionately affect student achievement and student success. (4) The achievement gap oversight and accountability committee shall be composed of the following members: (a) The chairs and ranking minority members of the house and senate education committees, or their designees; (b) One additional member of the house of representatives appointed by the speaker of the house and one additional member of the senate appointed by the president of the senate; (c) A representative of the office of the education ombudsman; (d) A representative of the center for the improvement of student learning in the office of the superintendent of public instruction; (e) A representative of federally recognized Indian tribes whose traditional lands and territories lie within the borders of Washington state, designated by the federally recognized tribes; and (f) Four members appointed by the governor in consultation with the state ethnic commissions, who represent the following populations: African-Americans, Hispanic Americans, Asian Americans, and Pacific Islander Americans. (5) The governor and the tribes are encouraged to designate members who have experience working in and with schools. (6) The committee may convene ad hoc working groups to obtain additional input and participation from community members. Members of ad hoc working groups shall serve without compensation and shall not be reimbursed for travel or other expenses. (7) The chair or cochairs of the committee shall be selected by the members of the committee. Staff support for the committee shall be provided by the center for the improvement of student learning. Members of the committee shall serve without compensation but must be reimbursed as provided in RCW 43.03.050 and 43.03.060. Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120. (8) The superintendent of public instruction, the state board of education, the professional educator standards board, and the quality education council shall work collaboratively with the achievement gap oversight and accountability committee to close the achievement gap. [2010 c 235 § 901; 2009 c 468 § 2.] Finding—2010 c 235: See note following RCW 28A.405.245. Findings—Intent—2009 c 468: "(1) The legislature finds compelling evidence from five commissioned studies that additional progress must be made to address the achievement gap. Many students are in demographic groups that are overrepresented in measures such as school disciplinary sanctions; failure to meet state academic standards; failure to graduate; enrollment in special education and underperforming schools; enrollment in advanced placement courses, honors programs, and college preparatory classes; and enrollment in and completion of college. The studies contain [Title 28A RCW—page 108] specific recommendations that are data-driven and drawn from education research, as well as the personal, professional, and cultural experience of those who contributed to the studies. The legislature finds there is no better opportunity to make a strong commitment to closing the achievement gap and to affirm the state’s constitutional obligation to provide opportunities to learn for all students without distinction or preference on account of race, ethnicity, socioeconomic status, or gender. (2) The legislature further finds that access to comprehensive and consistent data that is disaggregated in the smallest units allowable by law is important in closing the achievement gap. Policymakers and educators need as much information as possible not only about students’ academic progress, but also about other factors across multiple disciplines that affect student performance. (3) A consistent and powerful theme throughout the achievement gap studies was the need for cultural competency in instruction, curriculum, assessment, and professional development. Cultural competency forms a foundation for efforts to address the achievement gap, and more work is needed to embed it into the public school system. (4) Therefore, following the priority recommendations from the achievement gap studies, the legislature intends to: (a) Provide resources to support parent and community involvement and outreach efforts by public schools, including such items as additional notices and communication to parents, translations, translators, parent and community meetings, and school events within the community. The legislature encourages school districts to consult with the office of the education ombudsman in developing plans for parent and community involvement and outreach; (b) Require that teachers demonstrate cultural competency in the classroom and with students at each level of state teacher certification, and provide additional opportunities for professional development in cultural competency for current teachers; (c) Create local alternative routes to teacher certification for paraeducators and individuals in the communities surrounding schools and school districts that are struggling to address the achievement gap; (d) Reexamine the study recommendations regarding data and accountability and identify ways for the education data system to address these needs; and (e) Sustain efforts to close the achievement gap over the long term by creating a high profile achievement gap oversight and accountability committee that will provide ongoing advice to education agencies and report annually to the legislature and the governor." [2009 c 468 § 1.] 28A.300.1361 28A.300.1361 Closing the achievement gap— Enhancing data collection and data system capacity— Securing federal funds. The superintendent of public instruction shall take all actions necessary to secure federal funds to support enhancing data collection and data system capacity in order to monitor progress in closing the achievement gap and to support other innovations and model programs that align education reform and address disproportionality in the public school system. [2009 c 468 § 7.] F ind ing s— Inte nt— 2 009 c 46 8: See n ot e fol l ow i ng RC W 28A.300.136. 28A.300.137 28A.300.137 Strategies to address the achievement gap—Improvement of education performance measures—Annual report. Beginning in January 2010, the achievement gap oversight and accountability committee shall report annually to the superintendent of public instruction, the state board of education, the professional educator standards board, the governor, and the education committees of the legislature on the strategies to address the achievement gap and on the progress in improvement of education performance measures for African-American, Hispanic, American Indian/Alaskan Native, Asian, and Pacific Islander/Hawaiian Native students. [2009 c 468 § 3; 2008 c 298 § 3.] F ind ing s— Inte nt— 2 009 c 46 8: See n ot e fol l ow i ng RC W 28A.300.136. (2010 Ed.) Superintendent of Public Instruction Findings—Intent—2008 c 298: "(1) The legislature finds that of all the challenges confronting the African-American community, perhaps none is more critical to the future than the education of African-American children. The data regarding inequities, disproportionality, and gaps in achievement is alarming no matter which indicators are used: (a) The gap in reading test scores between African-American and white students on the tenth grade Washington assessment of student learning is twenty percentage points, with only two-thirds of African-American students able to meet the upcoming graduation standard in reading on the first attempt compared to eighty-five percent of white students. African-American students are lagging behind other student groups in reading improvement. (b) African-American students continue to score lowest among student groups in high school mathematics, with only twenty-three percent able to meet state standard on the first attempt, a thirty-three percentage point lag behind white students who have a fifty-six percent met-standard rate. (c) One-fourth of African-American students who enter ninth grade will have dropped out of school by the time their peers graduate in twelfth grade. This measure does not account for the children who, facing significant educational challenges and barriers, have already grown disparaged before the end of middle or junior high school. (2) The legislature further finds that although there are multiple initiatives broadly intended to improve student achievement, including a small number of initiatives to address the achievement gap for disadvantaged students generally, there are only a select few efforts targeted to the challenges of African-American students or designed specifically to engage parents and leaders in the African-American community. The efficacy of general supplemental programs in helping African-American students is unknown. A thoughtful, comprehensive, and inclusive strategy for African-American students has not been created. (3) Therefore, the legislature intends to commission and then implement a clear, concise, and intentional plan of action, with specific strategies and performance benchmarks, to ensure that African-American students meet or exceed all academic standards and are prepared for a quality life and responsible citizenship in the twenty-first century." [2008 c 298 § 1.] 28A.300.145 28A.300.145 Educational materials regarding sex offenses, sex offenders, and victims of sexual assault. The Washington coalition of sexual assault programs, in consultation with the Washington association of sheriffs and police chiefs, the Washington association of prosecuting attorneys, and the office of the superintendent of public instruction, shall develop educational materials to be made available throughout the state to inform parents and other interested community members about: (1) The laws related to sex offenses, including registration, community notification[,] and the classification of sex offenders based on an assessment of the risk of reoffending; (2) How to recognize behaviors characteristic of sex offenses and sex offenders; (3) How to prevent victimization, particularly that of young children; (4) How to take advantage of community resources for victims of sexual assault; and (5) Other information as deemed appropriate. [2006 c 135 § 2.] 28A.300.150 28A.300.150 Information on child abuse and neglect prevention curriculum—Rules. The superintendent of public instruction shall collect and disseminate to school districts information on child abuse and neglect prevention curriculum and shall adopt rules dealing with the prevention of child abuse for purposes of curriculum use in the common schools. The superintendent of public instruction and the departments of social and health services and *community, trade, and economic development shall share relevant infor(2010 Ed.) 28A.300.160 mation. [2006 c 263 § 705; 1994 c 245 § 8; 1987 c 489 § 2. Formerly RCW 28A.03.512.] *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—1987 c 489: "It is the intent of the legislature to make child abuse and neglect primary prevention education and training available to children, including preschool age children, parents, school employees, and licensed day care providers." [1987 c 489 § 1.] 28A.300.160 Development of coordinated primary prevention program for child abuse and neglect—Office as lead agency. (1) The office of the superintendent of public instruction shall be the lead agency and shall assist the department of social and health services, the *department of community, trade, and economic development, and school districts in establishing a coordinated primary prevention program for child abuse and neglect. (2) In developing the program, consideration shall be given to the following: (a) Parent, teacher, and children’s workshops whose information and training is: (i) Provided in a clear, age-appropriate, nonthreatening manner, delineating the problem and the range of possible solutions; (ii) Culturally and linguistically appropriate to the population served; (iii) Appropriate to the geographic area served; and (iv) Designed to help counteract common stereotypes about child abuse victims and offenders; (b) Training for school age children’s parents and school staff, which includes: (i) Physical and behavioral indicators of abuse; (ii) Crisis counseling techniques; (iii) Community resources; (iv) Rights and responsibilities regarding reporting; (v) School district procedures to facilitate reporting and apprise supervisors and administrators of reports; and (vi) Caring for a child’s needs after a report is made; (c) Training for licensed day care providers and parents that includes: (i) Positive child guidance techniques; (ii) Physical and behavioral indicators of abuse; (iii) Recognizing and providing safe, quality day care; (iv) Community resources; (v) Rights and responsibilities regarding reporting; and (vi) Caring for the abused or neglected child; (d) Training for children that includes: (i) The right of every child to live free of abuse; (ii) How to disclose incidents of abuse and neglect; (iii) The availability of support resources and how to obtain help; (iv) Child safety training and age-appropriate selfdefense techniques; and (v) A period for crisis counseling and reporting immediately following the completion of each children’s workshop in a school setting which maximizes the child’s privacy and sense of safety. 28A.300.160 [Title 28A RCW—page 109] 28A.300.164 Title 28A RCW: Common School Provisions (3) The primary prevention program established under this section shall be a voluntary program and shall not be part of the basic program of education. (4) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program. [1995 c 399 § 21; 1987 c 489 § 3. Formerly RCW 28A.03.514.] *Reviser’s note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Intent—1987 c 489: See note following RCW 28A.300.150. 28A.300.164 Energy information program. The office of the superintendent of public instruction shall develop an energy information program for use in local school districts. The program shall utilize existing curriculum which may include curriculum as developed by districts or the state relating to the requirement under RCW 28A.230.020 that schools provide instruction in science with special reference to the environment, and shall include but not be limited to the following elements: (1) The fundamental role energy plays in the national and regional economy; (2) Descriptions and explanations of the various sources of energy which are used both regionally and nationally; (3) Descriptions and explanations of the ways to use various energy sources more efficiently; and (4) Advantages and disadvantages to the various sources of present and future supplies of energy. Under this section the office of superintendent of public instruction shall emphasize providing teacher training, promoting the use of local energy experts in the classroom, and dissemination of energy education curriculum. [1990 c 301 § 2.] 28A.300.164 Findings—1990 c 301: "The legislature finds that the state is facing an impending energy supply crisis. The legislature further finds that keeping the importance of energy in the minds of state residents is essential as a means to help avert a future energy supply crisis and that citizens need to be aware of the importance and trade-offs associated with energy efficiency, the implications of wasteful uses of energy, and the need for long-term stable supplies of energy. One efficient and effective method of informing the state’s citizens on energy issues is to begin in the school system, where information may guide energy use decisions for decades into the future." [1990 c 301 § 1.] 28A.300.165 National guard high school career training and national guard youth challenge program— Rules. (1) In addition to any other powers and duties as provided by law, the superintendent of public instruction, in consultation with the military department, shall adopt rules governing and authorizing the acceptance of national guard high school career training and the national guard youth challenge program in lieu of either required high school credits or elective high school credits. (2) With the exception of students enrolled in the national guard youth challenge program, students enrolled in such national guard programs shall be considered enrolled in the common school last attended preceding enrollment in such national guard program. (3) The superintendent shall adopt rules to ensure that students who successfully complete the national guard youth challenge program are granted an appropriate number of high school credits, based on the students’ levels of academic pro28A.300.165 [Title 28A RCW—page 110] ficiency as measured by the program. [2006 c 263 § 406; 2002 c 291 § 3; 1975 1st ex.s. c 262 § 1. Formerly RCW 28A.305.170, 28A.04.133.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.300.170 State general fund—Estimates for state support to public schools, from. At such time as the governor shall determine under the provisions of chapter 43.88 RCW, the superintendent of public instruction shall submit such detailed estimates and other information to the governor and in such form as the governor shall determine of the total estimated amount required for appropriation from the state general fund for state support to public schools during the ensuing biennium. [1980 c 6 § 2; 1969 ex.s. c 223 § 28A.41.040. Prior: 1945 c 141 § 11; Rem. Supp. 1945 § 4940-9. Formerly RCW 28A.41.040, 28.41.040.] 28A.300.170 Additional notes found at www.leg.wa.gov 28A.300.172 Prototypical funding allocation model—Determination of educational system’s capacity to accommodate increased resources—Identification of limitations—Reports. (1) As part of the estimates and information submitted to the governor by the superintendent of public instruction under RCW 28A.300.170, the superintendent of public instruction shall biennially make determinations on the educational system’s capacity to accommodate increased resources in relation to the elements in the prototypical funding allocation model. In areas where there are specific and significant capacity limitations to providing enhancements to a recommended element, the superintendent of public instruction shall identify those limitations and make recommendations on how to address the issue. (2) The legislature shall: (a) Review the recommendations of the superintendent of public instruction submitted under subsection (1) of this section; and (b) Use the information as it continues to review, evaluate, and revise the definition and funding of basic education in a manner that serves the educational needs of the citizens of Washington; continues to fulfill the state’s obligation under Article IX of the state Constitution and ensures that no enhancements are imposed on the educational system that cannot be accommodated by the existing system capacity. (3) "System capacity" for purposes of this section includes, but is not limited to, the ability of schools and districts to provide the capital facilities necessary to support a particular instructional program, the staffing levels necessary to support an instructional program both in terms of actual numbers of staff as well as the experience level and types of staff available to fill positions, the higher education systems capacity to prepare the next generation of educators, and the availability of data and a data system capable of helping the state allocate its resources in a manner consistent with evidence-based practices that are shown to improve student learning. (4) The office of the superintendent of public instruction shall report to the legislature on a biennial basis beginning December 1, 2010. [2009 c 548 § 113.] 28A.300.172 Intent—2009 c 548: See note following RCW 28A.150.198. (2010 Ed.) Superintendent of Public Instruction Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.300.173 Prototypical funding model—District allocation of state resources—Public access on internetbased portal. The office of the superintendent of public instruction shall implement and maintain an internet-based portal that provides ready public access to the state’s prototypical school funding model for basic education under RCW 28A.150.260. The portal must provide citizens the opportunity to view, for each local school building, the staffing levels and other prototypical school funding elements that are assumed under the state funding formula. The portal must also provide a matrix displaying how individual school districts are deploying those same state resources through their allocation of staff and other resources to school buildings, so that citizens are able to compare the state assumptions to district allocation decisions for each local school building. [2010 c 236 § 12.] 28A.300.173 Intent—2010 c 236: See note following RCW 28A.150.260. 28A.300.175 Recovery of payments to recipients of state money—Basis—Resolution of audit findings— Rules. The superintendent of public instruction shall withhold or recover state payments to school districts, educational service districts, and other recipients of state money based on findings of the Washington state auditor. When an audit questions enrollment, staffing, or other data reported to the state and used in state apportionment calculations, the superintendent of public instruction may require submission of revised data, or as an alternative may adjust data based on estimates, and shall revise apportionment calculations and payments accordingly. The superintendent of public instruction shall adopt rules setting forth policies and procedures for the resolution of monetary and nonmonetary audit findings involving state money. [1997 c 167 § 1.] 28A.300.175 28A.300.185 Family preservation education program. The office of the superintendent of public instruction shall develop a family preservation education program model curriculum that is available to each of the school district boards of directors. The model curriculum shall be posted on the superintendent of public instruction’s web site. The model curriculum shall include, but is not limited to, instruction on developing conflict management skills, communication skills, domestic violence and dating violence, financial responsibility, and parenting responsibility. [2005 c 491 § 3.] 28A.300.185 Finding—2005 c 491: "The legislature finds that effective relationship skills are used in parenting, the workplace, schools, neighborhoods, and other relationships. The state has a compelling interest in encouraging its citizens in developing the parenting and communication skills vital for successful and fulfilling family relationships." [2005 c 491 § 1.] 28A.300.190 Coordination of video telecommunications programming in schools. The office of the superintendent of public instruction shall provide statewide coordination of video telecommunications programming for the common schools. [1990 c 208 § 8.] 28A.300.190 28A.300.220 Cooperation with workforce training and education coordinating board. The superintendent 28A.300.220 (2010 Ed.) 28A.300.250 shall cooperate with the workforce training and education coordinating board in the conduct of the board’s responsibilities under RCW 28C.18.060 and shall provide information and data in a format that is accessible to the board. [1991 c 238 § 78.] Additional notes found at www.leg.wa.gov 28A.300.230 Findings—Integration of vocational and academic education. The legislature finds that the needs of the workforce and the economy necessitate enhanced vocational education opportunities in secondary education including curriculum which integrates vocational and academic education. In order for the state’s workforce to be competitive in the world market, employees need competencies in both vocational/technical skills and in core essential competencies such as English, math, science/technology, geography, history, and critical thinking. Curriculum which integrates vocational and academic education reflects that many students learn best through applied learning, and that students should be offered flexible education opportunities which prepare them for both the world of work and for higher education. [1991 c 238 § 140.] 28A.300.230 Additional notes found at www.leg.wa.gov 28A.300.235 Development of model curriculum integrating vocational and academic education. The superintendent of public instruction shall with the advice of the workforce training and education coordinating board develop model curriculum integrating vocational and academic education at the secondary level. The curriculum shall integrate vocational education for gainful employment with education in the academic subjects of English, math, science/technology, geography, and history, and with education in critical thinking. Upon completion, the model curriculum shall be provided for consideration and use by school districts. [1991 c 238 § 141.] 28A.300.235 Additional notes found at www.leg.wa.gov 28A.300.240 International student exchange. (1) The superintendent of public instruction shall annually make available to school districts and approved private schools, from data supplied by the secretary of state, the names of international student exchange visitor placement organizations registered under chapter 19.166 RCW to place students in public schools in the state and a summary of the information the organizations have filed with the secretary of state under chapter 19.166 RCW. (2) The superintendent shall provide general information and assistance to school districts regarding international student exchange visitors, including, to the extent feasible with available resources, information on the type of visa required for enrollment, how to promote positive educational experiences for visiting exchange students, and how to integrate exchange students into the school environment to benefit the education of both the exchange students and students in the state. [1991 c 128 § 11.] 28A.300.240 Additional notes found at www.leg.wa.gov 28A.300.250 Participation in federal nutrition programs—Superintendent’s duties. The superintendent of 28A.300.250 [Title 28A RCW—page 111] 28A.300.270 Title 28A RCW: Common School Provisions public instruction shall aggressively solicit eligible schools, child and adult day care centers, and other organizations to participate in the nutrition programs authorized by the United States department of agriculture. [1991 c 366 § 402.] Finding—1991 c 366: "Hunger and malnutrition threaten the future of a whole generation of children in Washington. Children who are hungry or malnourished are unable to function optimally in the classroom and are thus at risk of lower achievement in school. The resultant diminished future capacity of and opportunities for these children will affect this state’s economic and social future. Thus, the legislature finds that the state has an interest in helping families provide nutritious meals to children. The legislature also finds that the state has an interest in helping hungry and malnourished adults obtain necessary nourishment. Adequate nourishment is necessary for physical health, and physical health is the foundation of self-sufficiency. Adequate nourishment is especially critical in the case of pregnant and lactating women, both to ensure that all mothers and babies are as healthy as possible and to minimize the costs associated with the care of low-birthweight babies." [1991 c 366 § 1.] Finding—1991 c 366: "The legislature finds that the school breakfast and lunch programs, the summer feeding program, and the child and adult day care feeding programs authorized by the United States department of agriculture are effective in addressing unmet nutritional needs. However, some communities in the state do not participate in these programs. The result is hunger, malnutrition, and inadequate nutrition education for otherwise eligible persons living in nonparticipating communities." [1991 c 366 § 401.] Additional notes found at www.leg.wa.gov 28A.300.270 Violence prevention training. The superintendent of public instruction shall, to the extent funding is available, contract with school districts, educational service districts, and approved in-service providers to conduct training sessions for school certificated and classified employees in conflict resolution and other violence prevention topics. The training shall be developmentally and culturally appropriate for the school populations being served and be research based. The training shall not be based solely on providing materials, but also shall include techniques on imparting these skills to students. The training sessions shall be developed in coordination with school districts, the superintendent of public instruction, parents, law enforcement agencies, human services providers, and other interested parties. The training shall be offered to school districts and school staff requesting the training, and shall be made available at locations throughout the state. [1994 sp.s. c 7 § 602.] 28A.300.270 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 28A.300.275 Alternative school start-up grants— School safety grants—Report to legislative committees. The sum of four million dollars, or as much thereof as may be necessary, is appropriated from the general fund to the superintendent of public instruction for the biennium ending June 30, 2001, for: (1) Alternative school start-up grants which are in addition to the grants funded in the two million dollars alternative school start-up appropriation contained in section 501(2)(l), chapter 309, Laws of 1999, and these grants shall be awarded in the same manner and for the same purposes; (2) School safety programs for prevention and intervention. School districts may apply for and administer these grants independently or jointly with other school districts or educational service districts. The funds may be expended for proven-effective programs to improve safety in schools, 28A.300.275 [Title 28A RCW—page 112] including: Security assessments of school facilities; violence prevention and reporting training for staff as appropriate to the particular duties and responsibilities of the specific staff, including administrators; nonviolence and leadership training for staff and students; and school safety plans. The educational service districts and school districts may contract for any services under this subsection. (3) The superintendent of public instruction shall report to the education committees of the house of representatives and senate on the number and types of programs administered through these grants by February 15, 2001, and February 15th of every two years thereafter. [1999 sp.s. c 12 § 1.] Additional notes found at www.leg.wa.gov 28A.300.280 Conflict resolution program. The superintendent of public instruction and the office of the attorney general, in cooperation with the Washington state bar association, shall develop a volunteer-based conflict resolution and mediation program for use in community groups such as neighborhood organizations and the public schools. The program shall use lawyers to train students who in turn become trainers and mediators for their peers in conflict resolution. [1994 sp.s. c 7 § 611.] 28A.300.280 Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540. 28A.300.285 Harassment, intimidation, and bullying prevention policies and procedures—Model policy and procedure—Training materials—Posting on web site— Rules—Advisory committee. (1) By August 1, 2011, each school district shall adopt or amend if necessary a policy and procedure that at a minimum incorporates the revised model policy and procedure provided under subsection (4) of this section that prohibits the harassment, intimidation, or bullying of any student. It is the responsibility of each school district to share this policy with parents or guardians, students, volunteers, and school employees in accordance with rules adopted by the superintendent of public instruction. Each school district shall designate one person in the district as the primary contact regarding the antiharassment, intimidation, or bullying policy. The primary contact shall receive copies of all formal and informal complaints, have responsibility for assuring the implementation of the policy and procedure, and serve as the primary contact on the policy and procedures between the school district, the office of the education ombudsman, and the office of the superintendent of public instruction. (2) "Harassment, intimidation, or bullying" means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic in RCW 9A.36.080(3), or other distinguishing characteristics, when the intentional electronic, written, verbal, or physical act: (a) Physically harms a student or damages the student’s property; or (b) Has the effect of substantially interfering with a student’s education; or (c) Is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; or (d) Has the effect of substantially disrupting the orderly operation of the school. 28A.300.285 (2010 Ed.) Superintendent of Public Instruction Nothing in this section requires the affected student to actually possess a characteristic that is a basis for the harassment, intimidation, or bullying. (3) The policy and procedure should be adopted or amended through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives. It is recommended that each such policy emphasize positive character traits and values, including the importance of civil and respectful speech and conduct, and the responsibility of students to comply with the district’s policy prohibiting harassment, intimidation, or bullying. (4)(a) By August 1, 2010, the superintendent of public instruction, in consultation with representatives of parents, school personnel, the office of the education ombudsman, the Washington state school directors’ association, and other interested parties, shall provide to the education committees of the legislature a revised and updated model harassment, intimidation, and bullying prevention policy and procedure. The superintendent of public instruction shall publish on its web site, with a link to the safety center web page, the revised and updated model harassment, intimidation, and bullying prevention policy and procedure, along with training and instructional materials on the components that shall be included in any district policy and procedure. The superintendent shall adopt rules regarding school districts’ communication of the policy and procedure to parents, students, employees, and volunteers. (b) The office of the superintendent of public instruction has the authority to update with new technologies access to this information in the safety center, to the extent resources are made available. (c) Each school district shall by August 15, 2011, provide to the superintendent of public instruction a brief summary of its policies, procedures, programs, partnerships, vendors, and instructional and training materials to be posted on the school safety center web site, and shall also provide the superintendent with a link to the school district’s web site for further information. The district’s primary contact for bullying and harassment issues shall annually by August 15th verify posted information and links and notify the school safety center of any updates or changes. (5) The Washington state school directors’ association, with the assistance of the office of the superintendent of public instruction, shall convene an advisory committee to develop a model policy prohibiting acts of harassment, intimidation, or bullying that are conducted via electronic means by a student while on school grounds and during the school day. The policy shall include a requirement that materials meant to educate parents and students about the seriousness of cyberbullying be disseminated to parents or made available on the school district’s web site. The school directors’ association and the advisory committee shall develop sample materials for school districts to disseminate, which shall also include information on responsible and safe internet use as well as what options are available if a student is being bullied via electronic means, including but not limited to, reporting threats to local police and when to involve school officials, the internet service provider, or phone service provider. The school directors’ association shall submit the model policy and sample materials, along with a recommendation for local (2010 Ed.) 28A.300.290 adoption, to the governor and the legislature and shall post the model policy and sample materials on its web site by January 1, 2008. Each school district board of directors shall establish its own policy by August 1, 2008. (6) As used in this section, "electronic" or "electronic means" means any communication where there is the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means. [2010 c 239 § 2; 2007 c 407 § 1; 2002 c 207 § 2.] Finding—Intent—2010 c 239: "The legislature finds that despite a recognized law prohibiting harassment, intimidation, and bullying of students in public schools and despite widespread adoption of antiharassment policies by school districts, harassment of students continues and has not declined since the law was enacted. Furthermore, students and parents continue to seek assistance against harassment, and schools need to disseminate more widely their antiharassment policies and procedures. The legislature intends to expand the tools, information, and strategies that can be used to combat harassment, intimidation, and bullying of students, and increase awareness of the need for respectful learning communities in all public schools." [2010 c 239 § 1.] Findings—2002 c 207: "The legislature declares that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. The legislature finds that harassment, intimidation, or bullying, like other disruptive or violent behavior, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its students in a safe environment. Furthermore, the legislature finds that students learn by example. The legislature commends school administrators, faculty, staff, and volunteers for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying." [2002 c 207 § 1.] 28A.300.290 Effective reading programs—Identification. (1) The center for the improvement of student learning, or its designee, shall develop and implement a process for identifying programs that have been proven to be effective based upon valid research in teaching elementary students to read. Additional programs shall be reviewed after the initial identification of effective programs. (2) In identifying effective reading programs, the center for the improvement of student learning, or its designee, shall consult primary education teachers, statewide reading organizations, institutions of higher education, the commission on student learning, parents, legislators, and other appropriate individuals and organizations. (3) In identifying effective reading programs, the following criteria shall be used: (a) Whether the program will help the student meet the state-level and classroom-based assessments for reading; (b) Whether the program has achieved documented results for students on valid and reliable assessments; (c) Whether the results of the program have been replicated at different locations over a period of time; (d) Whether the requirements and specifications for implementing the program are clear so that potential users can clearly determine the requirements of the program and how to implement it; (e) Whether, when considering the cost of implementing the program, the program is cost-effective relative to other similar types of programs; (f) Whether the program addresses differing student populations; and (g) Other appropriate criteria and considerations. 28A.300.290 [Title 28A RCW—page 113] 28A.300.295 Title 28A RCW: Common School Provisions (4) The initial identification of effective reading programs shall be completed and a list of the identified programs prepared by December 31, 1996. [1996 c 273 § 1.] Additional notes found at www.leg.wa.gov 28A.300.295 Identified programs—Grants for inservice training and instructional materials. The superintendent of public instruction shall establish a grant program to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in grades kindergarten through four. Schools, school districts, and educational service districts may apply for grants. Funds for the grants shall be used for in-service training and instructional materials. Grants shall be awarded and funds distributed not later than June 30, 1997, for programs in the 199697 and 1997-98 school years. Priority shall be given to grant applications involving schools and school districts with the lowest mean percentile scores on the statewide third grade test required under *RCW 28A.230.190 among grant applicants. [1999 c 78 § 2; 1996 c 273 § 2.] 28A.300.295 *Reviser’s note: RCW 28A.230.190 was repealed by 2005 c 217 § 3. Additional notes found at www.leg.wa.gov 28A.300.300 Effective reading programs—Information—Development and implementation of strategies. (1) After effective programs have been identified in accordance with RCW 28A.300.290, the center for the improvement of student learning, or its designee, shall provide information and take other appropriate steps to inform elementary school teachers, principals, curriculum directors, superintendents, school board members, college and university reading instruction faculty, and others of its findings. (2) The center, in cooperation with statewide organizations interested in improving literacy, also shall develop and implement strategies to improve reading instruction in the state, with a special emphasis on the instruction of reading in the primary grades using the effective reading programs that have been identified in accordance with RCW 28A.300.290. The strategies may include, but should not be limited to, expanding and improving reading instruction of elementary school teachers in teacher preparation programs, expanded in-service training in reading instruction, the training of paraprofessionals and volunteers in reading instruction, improving classroom-based assessment of reading, and increasing statewide and regional technical assistance in reading instruction. [1998 c 245 § 11; 1996 c 273 § 4.] 28A.300.300 Additional notes found at www.leg.wa.gov 28A.300.310 Second grade reading assessment— Selection of reading passages—Costs. (1) The superintendent of public instruction shall identify a collection of reading passages and assessment procedures that can be used to measure second grade oral reading accuracy and fluency skills. The purpose of the second grade reading assessment is to provide information to parents, teachers, and school administrators on the level of acquisition of oral reading accuracy and fluency skills of each student at the beginning of second grade. The assessment procedures and each of the reading passages in the collection must: 28A.300.310 [Title 28A RCW—page 114] (a) Provide a reliable and valid measure of a student’s oral reading accuracy and fluency skills; (b) Be able to be individually administered; (c) Have been approved by a panel of nationally recognized professionals in the area of beginning reading, whose work has been published in peer-reviewed education research journals, and professionals in the area of measurement and assessment; and (d) Assess student skills in recognition of letter sounds, phonemic awareness, word recognition, and reading connected text. Text used for the test of fluency must be ordered in relation to difficulty. (2) The superintendent of public instruction shall select reading passages for use by schools and school districts participating in pilot projects under RCW 28A.300.320 during the 1997-98 school year. The final collection must be selected by June 30, 1998. The superintendent of public instruction may add reading passages to the initial list if the passages are comparable in format to the initial passages approved by the expert panel in subsection (1) of this section. (3) The superintendent of public instruction shall develop a per-pupil cost for the assessments in the collection that details the costs for administering the assessments, booklets, scoring, and training required to reliably administer the test. To the extent funds are appropriated, the superintendent of public instruction shall pay for the cost of administering and scoring the assessments, booklets or other assessment material, and training required to administer the test. [1999 c 373 § 101; 1997 c 262 § 2.] Findings—1997 c 262: "The legislature acknowledges the definition of reading as "Reading is the process of constructing meaning from written text. It is the complex skill requiring the coordination of a number of interrelated sources of information." Marilyn Adams, Becoming a Nation of Readers 7. The legislature also acknowledges the role that reading accuracy and fluency plays in the comprehension of text. The legislature finds that one way to determine if a child’s inability to read is problematic is to compare the child’s reading fluency and accuracy skills with that of other children. To accomplish this objective, the legislature finds that assessments that test students’ reading fluency and accuracy skills must be scientifically valid and reliable. The legislature further finds that early identification of students with potential reading difficulties can provide valuable information to parents, teachers, and school administrators. The legislature finds that assessment of second grade students’ reading fluency and accuracy skills can assist teachers in planning and implementing a reading curriculum that addresses students’ deficiencies in reading." [1997 c 262 § 1.] Additional notes found at www.leg.wa.gov 28A.300.320 Second grade reading assessment— Pilot projects—Assessment selection—Assessment results. (1) The superintendent of public instruction shall create a pilot project to identify which second grade reading assessments selected under RCW 28A.300.310 will be included in the final collection of assessments that must be available by June 30, 1998. (2) Schools and school districts may voluntarily participate in the second grade reading test pilot projects in the 1997-98 school year. Schools and school districts voluntarily participating in the pilot project test are not required to have the results available by the fall parent-teacher conference. (3)(a) Starting in the 1998-99 school year, school districts must select an assessment from the collection adopted by the superintendent of public instruction. Selection must be at the entire school district level. 28A.300.320 (2010 Ed.) Superintendent of Public Instruction (b) The second grade reading assessment selected by the school district must be administered annually in the fall beginning with the 1998-99 school year. Students who score substantially below grade level when assessed in the fall shall be assessed at least one more time during the second grade. Assessment performance deemed to be "substantially below grade level" is to be determined for each passage in the collection by the superintendent of public instruction. (c) If a student, while taking the assessment, reaches a point at which the student’s performance will be considered "substantially below grade level" regardless of the student’s performance on the remainder of the assessment, the assessment may be discontinued. (d) Each school must have the assessment results available by the fall parent-teacher conference. Schools must notify parents about the second grade reading assessment during the conferences, inform the parents of their students’ performance on the assessment, identify actions the school intends to take to improve the child’s reading skills, and provide parents with strategies to help the parents improve their child’s score. [1999 c 373 § 102; 1998 c 319 § 201; 1997 c 262 § 3.] Intent—1997 c 262: See note following RCW 28A.300.310. Additional notes found at www.leg.wa.gov 28A.300.330 Primary grade reading grant program. (1) The superintendent of public instruction shall establish a primary grade reading grant program. The purpose of the grant program is to enhance teachers’ skills in using teaching methods that have proven results gathered through quantitative research and to assist students in beginning reading. (2) Schools and school districts may apply for primary grade reading grants. To qualify for a grant, the grant proposal shall provide that the grantee must: (a) Document that the instructional model the grantee intends to implement, including teaching methods and instructional materials, is based on results validated by quantitative methods; (b) Agree to work with the independent contractor identified under subsection (3) of this section to determine the effectiveness of the instructional model selected and the effectiveness of the staff development provided to implement the selected model; and (c) Provide evidence of a significant number of students who are not achieving at grade level. To the extent funds are appropriated, the superintendent of public instruction shall make initial grants available by September 1, 1997, for schools and school districts voluntarily participating in pilot projects under RCW 28A.300.320. Subject to available funding, additional applications may be submitted to the superintendent of public instruction by September 1, 1998, and by September 1st in subsequent years. Grants will be awarded for two years. (3) The superintendent of public instruction shall contract with an independent contractor who has experience in program evaluation and quantitative methods to evaluate the impact of the grant activities on students’ reading skills and the effectiveness of the staff development provided to teachers to implement the instructional model selected by the grantee. Five percent of the funds awarded for grants shall be 28A.300.330 (2010 Ed.) 28A.300.370 set aside for the purpose of the grant evaluation conducted by the independent contractor. (4) The superintendent of public instruction shall submit biennially to the legislature and the governor a report on the primary grade reading grant program. The first report must be submitted not later than December 1, 1999, and each succeeding report must be submitted not later than December 1st of each odd-numbered year. Reports must include information on how the schools and school districts used the grant money, the instructional models used, how they were implemented, and the findings of the independent contractor. (5) The superintendent of public instruction shall disseminate information to the school districts five years after the beginning of the grant program regarding the results of the effectiveness of the instructional models and implementation strategies. (6) Funding under this section shall not become part of the state’s basic program of education obligation as set forth under Article IX of the state Constitution. [1997 c 262 § 4.] Intent—1997 c 262: See note following RCW 28A.300.310. 28A.300.340 Primary grade reading grant program—Timelines—Rules. (1) The superintendent of public instruction may use up to one percent of the appropriated funds for administration of the primary grade reading grant program established in chapter 262, Laws of 1997. (2) The superintendent of public instruction shall adopt timelines and rules as necessary under chapter 34.05 RCW to administer the primary reading grant program in RCW 28A.300.310. (3) Funding under this section shall not become a part of the state’s basic program of education obligation as set forth under Article IX of the state Constitution. [1997 c 262 § 7.] 28A.300.340 Intent—1997 c 262: See note following RCW 28A.300.310. 28A.300.360 Grants for programs and services— Truant, at-risk, and expelled students. The superintendent of public instruction shall provide, to the extent funds are appropriated, start-up grants for alternative programs and services that provide instruction and learning for truant, at-risk, and expelled students. Each grant application shall contain proposed performance indicators and an evaluation plan to measure the success of the program and its impact on improved student learning. Applications shall contain the applicant’s plan for maintaining the program and services after the grant period. [1999 c 319 § 7.] 28A.300.360 28A.300.370 World War II oral history project. (1) The World War II oral history project is established for the purpose of providing oral history presentations, documentation, and other materials to assist the office of the superintendent of public instruction and educators in the development of a curriculum for use in kindergarten through twelfth grade. (2) To the extent funds are appropriated or donated, the project shall be administered by the office of the superintendent of public instruction. The office shall convene an advisory committee to assist in the design and implementation of the project. The committee shall be composed of members of the World War II memorial educational foundation, the department of veterans affairs, the secretary of state’s office, 28A.300.370 [Title 28A RCW—page 115] 28A.300.380 Title 28A RCW: Common School Provisions and legislators involved with and interested in the development of the oral history project. The committee may select its own chair and may expand its membership to include the services of other individuals, agencies, or organizations on the basis of need. The office shall provide staffing and administrative support to the advisory committee. (3) The project will preserve for the education of Washington’s school children the memories and history of our state’s citizens who served their state and country as members of the armed forces or through national or community contributions during World War II. The project is intended to preserve these memories and history through audiotapes, videotapes, films, stories, printed transcripts, digitally, and through other appropriate methods. (4) Any funding provided to the program through the omnibus appropriations act for the 2005-2007 biennium shall be used to record the memories of women who meet the requirements of subsection (3) of this section. (5) As part of the project, the office of the superintendent of public instruction shall identify the requirements regarding instructional guides to help educators use the preserved material in age and grade appropriate ways. (6) In its administration of the project, the office may carry out its responsibilities through contracts with filming and taping specialists, mini-grants to schools, contracts with the World War II memorial educational foundation, and through other means recommended by the foundation. (7) By December 1, 2000, and every second year thereafter in which the project has received funding, the office shall report on the results of the project to the governor and the house of representatives and senate committees on education. The December 2000 report shall include, but need not be limited to, identification of the project’s implementation strategies and resource requirements, and any curriculum standards developed through the project. [2005 c 75 § 2; 2000 c 112 § 2.] Findings—2005 c 75: "The legislature finds that the women of the greatest generation made essential contributions, in many different ways, to our nation’s success in World War II. During the war, more than four hundred fifty thousand women served their country in the armed forces of the United States. Another group of women provided nursing and support services to the troops. These women were joined by more than two million women back home who, like Rosie the Riveter, worked in industries that supported service men and women abroad. Other women held the nation together by raising families, educating children, and taking care of the ill and elderly. These women held our families, businesses, and communities together, living with rationed goods and services so that the service men and women fighting in the war would have the materials they needed to be successful. The legislature finds that women in all these roles made sacrifices necessary for the success of our nation’s defense and contributions essential to the well-being of the people back home. The legislature further finds that to have a clearer reflection of women’s sacrifices on behalf of freedom and democracy, it is necessary to include in the World War II oral history project the memories of women who contributed to the war effort through either military service or other important contributions to our nation, state, or communities." [2005 c 75 § 1.] patriots must be preserved to remind future generations of the price the members of the greatest generation paid to preserve our democratic way of life. The legislature further finds that to have a clearer reflection of these sacrifices on behalf of freedom and democracy, it is necessary to include the memories of all women and men of our armed forces, their family members, and others involved in the war effort so that these memories mirror our nation’s rich ethnic diversity. In addition, the legislature recognizes the existence and contributions of the World War II memorial educational foundation. Members of the foundation include World War II veterans, and advisors from the office of veterans affairs, the superintendent of public instruction, and the secretary of state. The legislature intends to honor the veterans who served in World War II and their supportive families by preserving their memories so Washington’s school children will never forget the significant human costs of war and the efforts of their ancestors to preserve and protect our country and the world from tyranny. The legislature further intends that members of the World War II memorial educational foundation have a strong advisory role in the preservation of those memories and the creation of instructional materials on the war." [2000 c 112 § 1.] 28A.300.380 Career and technical student organizations—Support services. (1) The superintendent of public instruction shall maintain support for statewide coordination for career and technical student organizations by providing program staff support that is available to assist in meeting the needs of career and technical student organizations and their members and students. The superintendent may provide additional support to the organizations through contracting with independent coordinators. (2) Career and technical student organizations eligible for technical assistance and other support services under this section are organizations recognized as career and technical student organizations by: (a) The United States department of education; or (b) The superintendent of public instruction, if such recognition is recommended by the Washington association for career and technical education. (3) Career and technical student organizations eligible for technical assistance and other support services under this section include, but are not limited to: The national FFA organization; family, career, and community leaders of America; skillsUSA; distributive education clubs of America; future business leaders of America; and the technology student association. [2010 1st sp.s. c 37 § 913; 2000 c 84 § 2.] 28A.300.380 Effective date—2010 1st sp.s. c 37: See note following RCW 13.06.050. Effective date—2005 c 75: "This act takes effect August 1, 2005." [2005 c 75 § 3.] Findings—2000 c 84: "(1) The legislature finds that career and technical student organizations: (a) Prepare students for career experiences beyond high school; (b) Help students develop personal, leadership, technical, and occupational skills; (c) Are an integral component of vocational technical instruction programs; and (d) Directly help students achieve state learning goals, especially goals three and four with respect to critical thinking, problem solving, and decision-making skills. (2) The legislature finds that career and technical student organizations are best situated to fulfill their important purpose if they are in existence pursuant to statute and receive ongoing assistance and support from the office of superintendent of public instruction." [2000 c 84 § 1.] Findings—Intent—2000 c 112: "The legislature finds that more than two hundred fifty thousand of Washington’s citizens served their country in the armed forces of the United States during World War II. The legislature also finds that almost six thousand of those citizens sacrificed their lives to secure our nation’s and the world’s peace and freedom. The legislature finds that the hardships and sacrifices endured by the families and communities of these service men and women were critical to the eventual success of our nation’s defense. The legislature also finds the memories of these stalwart 28A.300.390 Washington civil liberties public education program—Findings. The legislature finds that: (1) In order to adequately prepare our youth for their meaningful participation in our democratic institutions and processes, there must be strong educational resources aimed [Title 28A RCW—page 116] 28A.300.390 (2010 Ed.) Superintendent of Public Instruction at teaching students and the public about the fragile nature of our constitutional rights. (2) The federal commission on wartime relocation and internment of civilians was established by congress in 1980 to review the facts and circumstances surrounding executive order 9066, issued on February 19, 1942, and the impact of the executive order on American citizens and permanent residents, and to recommend appropriate remedies. The commission of [on] wartime relocation and internment of civilians issued a report of its findings in 1983 with the reports "Personal Justice Denied" and "Personal Justice Denied-Part II, Recommendations." The reports were based on information gathered through twenty days of hearings in cities across the country, particularly the west coast. Testimony was heard from more than seven hundred fifty witnesses, including evacuees, former government officials, public figures, interested citizens, historians, and other professionals who have studied the internment of JapaneseAmericans during World War II. (3) The lessons to be learned from the internment of Japanese-Americans during World War II are embodied in "Personal Justice Denied-Part II, Recommendations" which found that executive order 9066 was not justified by military necessity, and the decisions that followed from it were not founded upon military considerations. These decisions included the exclusion and detention of American citizens and resident aliens of Japanese descent. The broad historical causes that shaped these decisions were race prejudice, war hysteria, and a failure of political leadership. Widespread ignorance about Americans of Japanese descent contributed to a policy conceived in haste and executed in an atmosphere of fear and anger at Japan. A grave personal injustice was done to the American citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them were excluded, removed, and detained by the United States during World War II. (4) A grave injustice was done to both citizens and permanent residents of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. These actions were carried out without adequate security reasons and without any documented acts of espionage or sabotage, and were motivated largely by racial prejudice, wartime hysteria, and a failure of political leadership. The excluded individuals of Japanese ancestry suffered enormous damages, both material and intangible, and there were incalculable losses in education and job training, all of which resulted in significant human suffering for which appropriate compensation has not been made. For these fundamental violations of the basic civil liberties and constitutional rights of these individuals of Japanese ancestry, the United States congress apologized on behalf of the nation in the federal civil liberties act of 1988. [2000 c 210 § 1.] 28A.300.395 28A.300.395 Washington civil liberties public education program—Intent. The legislature intends to develop a grant program to fund public educational activities and development of educational materials to ensure that the events surrounding the exclusion, forced removal, and internment of civilians and permanent resident aliens of Japanese ancestry will be remembered, and so that the causes and circumstances (2010 Ed.) 28A.300.410 of this and similar events may be illuminated and understood. [2000 c 210 § 2.] 28A.300.400 Washington civil liberties public education program—Definition. As used in RCW 28A.300.390 through 28A.300.415, "program" means the Washington civil liberties public education program, unless the context clearly requires otherwise. [2000 c 210 § 3.] 28A.300.400 28A.300.405 Washington civil liberties public education program—Created—Purpose. Consistent with the legislative findings in RCW 28A.300.390, the legislature shall establish the Washington civil liberties public education program. The program provides grants for the purpose of establishing a legacy of remembrance as part of a continuing process of recovery from the World War II exclusion and detention of individuals of Japanese ancestry. The program is created to do one or both of the following: (1) Educate the public regarding the history and the lessons of the World War II exclusion, removal, and detention of persons of Japanese ancestry through the development, coordination, and distribution of new educational materials and the development of curriculum materials to complement and augment resources currently available on this subject matter; and (2) Develop videos, plays, presentations, speaker bureaus, and exhibitions for presentation to elementary schools, secondary schools, community colleges, and to other interested parties. [2000 c 210 § 4.] 28A.300.405 28A.300.410 Washington civil liberties public education program—Grants—Acceptance of gifts, grants, or endowments. (1) The superintendent of public instruction shall allocate grants under the program established in RCW 28A.300.390 through 28A.300.415 from private donations or within amounts appropriated for this specific purpose. The grants shall be awarded on a competitive basis. (2) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the superintendent of public instruction based on grant applications. (3) The superintendent of public instruction shall select grant recipients from applicants who meet all of the following criteria: (a) The capability to administer and complete the proposed project within specified deadlines and within the specified budget; (b) The experience, knowledge, and qualifications necessary to conduct quality educational activities regarding the exclusion and detention of Japanese-Americans during World War II; (c) Projects that relate the Japanese-American exclusion and detention experience with civil rights included in the Declaration of Independence and the Constitution so that this event may be illuminated and understood in order to prevent similar violations of civil rights in the future; (d) Projects that are designed to maximize the long-term educational impact of this chapter; 28A.300.410 [Title 28A RCW—page 117] 28A.300.415 Title 28A RCW: Common School Provisions (e) Projects that build upon, contribute to, and expand upon the existing body of educational and research materials on the exclusion and detention of Japanese-Americans during World War II; and (f) Projects that include the variety of experiences regarding the exclusion and detention of Japanese-Americans and its impact before, during, and after World War II including those Japanese-Americans who served in the military and those who were interned in department of justice camps. (4) Applicants for grants under the program are encouraged to do each of the following: (a) Involve former detainees, those excluded from the military area, and their descendants in the development and implementation of projects; (b) Develop a strategy and plan for raising the level of awareness and understanding among the American public regarding the exclusion and detention of Japanese-Americans during World War II so that the causes and circumstances of this and similar events may be illuminated and understood; (c) Develop a strategy and plan for reaching the broad, multicultural population through project activities; (d) Develop local and regional consortia of organizations and individuals engaged in similar educational, research, and development efforts; (e) Coordinate and collaborate with organizations and individuals engaging in similar educational, research, and development endeavors to maximize the effect of grants; (f) Utilize creative and innovative methods and approaches in the research, development, and implementation of their projects; (g) Seek matching funds, in-kind contributions, or other sources of support to supplement their proposal; (h) Use a variety of media, including new technology, and the arts to creatively and strategically appeal to a broad audience while enhancing and enriching community-based educational efforts; (i) Include in the grant application, scholarly inquiry related to the variety of experiences and impact of the exclusion and detention of persons of Japanese ancestry during World War II; and (j) Add relevant materials to or catalogue relevant materials in libraries and other repositories for the creation, publication, and distribution of bibliographies, curriculum guides, oral histories, and other resource directories and supporting the continued development of scholarly work on this subject by making a broad range of archival, library, and research materials more accessible to the American public. (5) The superintendent of public instruction may adopt other criteria as it deems appropriate for its review of grant proposals. In reviewing projects for funding, scoring shall be based on an evaluation of all application materials including narratives, attachments, support letters, supplementary materials, and other materials that may be requested of applicants. (6)(a) In the review process, the superintendent of public instruction shall assign the following order of priority to the criteria set forth in subsection (3) of this section: (i) Subsection (3)(a) through (d) of this section, inclusive, shall be given highest priority; and (ii) Subsection (3)(e) through [and] (f) of this section, inclusive, shall be given second priority. [Title 28A RCW—page 118] (b) The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill its program and mission. Final grant awards may be for the full amount of the grant requests or for a portion of the grant request. (7) The superintendent of public instruction shall determine the types of applicants eligible to apply for grants under this program. (8) The office may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources according to their terms. [2000 c 210 § 5.] 28A.300.415 Washington civil liberties public education program—Short title. RCW 28A.300.390 through 28A.300.415 shall be known as the Washington civil liberties public education act. [2000 c 210 § 7.] 28A.300.415 28A.300.420 Student court programs. The office of the superintendent of public instruction shall encourage school districts to implement, expand, or use student court programs for students who commit violations of school rules and policies. Program operations of student courts may be funded by government and private grants. Student court programs are limited to those that: (1) Are developed using the guidelines for creating and operating student court programs developed by nationally recognized student court projects; (2) Target violations of school rules by students enrolled in public or private school; and (3) Emphasize the following principles: (a) Youth must be held accountable for their problem behavior; (b) Youth must be educated about the impact their actions have on themselves and others including the school, school personnel, their classmates, their families, and their community; (c) Youth must develop skills to resolve problems with their peers more effectively; and (d) Youth should be provided a meaningful forum to practice and enhance newly developed skills. [2002 c 237 § 17.] 28A.300.420 28A.300.430 Collaboration with children’s system of care demonstration sites. It is the expectation of the legislature that local school districts shall collaborate with each children’s system of care demonstration site established under RCW 74.55.010. [2002 c 309 § 6.] 28A.300.430 28A.300.440 Natural science, wildlife, and environmental education grant program. (1) The natural science, wildlife, and environmental education grant program is hereby created, subject to the availability of funds in the natural science, wildlife, and environmental education partnership account. The program is created to promote proven and innovative natural science, wildlife, and environmental education programs that are fully aligned with the state’s essential academic learning requirements, and includes but is not limited to instruction about renewable resources, responsible use of resources, and conservation. 28A.300.440 (2010 Ed.) Superintendent of Public Instruction (2) The superintendent of public instruction shall establish and publish funding criteria for environmental, natural science, wildlife, forestry, and agricultural education grants. The office of [the] superintendent of public instruction shall involve a cross-section of stakeholder groups to develop socially, economically, and environmentally balanced funding criteria. These criteria shall be based on compliance with the essential academic learning requirements and use methods that encourage critical thinking. The criteria must also include environmental, natural science, wildlife, forestry, and agricultural education programs with one or more of the following features: (a) Interdisciplinary approaches to environmental, natural science, wildlife, forestry, and agricultural issues; (b) Programs that target underserved, disadvantaged, and multicultural populations; (c) Programs that reach out to schools across the state that would otherwise not have access to specialized environmental, natural science, wildlife, forestry, and agricultural education programs; (d) Proven programs offered by innovative community partnerships designed to improve student learning and strengthen local communities. (3) Eligible uses of grants include, but are not limited to: (a) Continuing in-service and preservice training for educators with materials specifically developed to enable educators to teach essential academic learning requirements in a compelling and effective manner; (b) Proven, innovative programs that align the basic subject areas of the common school curriculum in chapter 28A.230 RCW with the essential academic learning requirements; the basic subject areas should be integrated by using environmental education, natural science, wildlife, forestry, agricultural, and natural environment curricula to meet the needs of various learning styles; and (c) Support and equipment needed for the implementation of the programs in this section. (4) Grants may only be disbursed to nonprofit organizations exempt from income tax under section 501(c) of the federal internal revenue code that can provide matching funds or in-kind services. (5) Grants may not be used for any partisan or political activities. [2003 c 22 § 3.] Intent—2003 c 22: "(1) Effective, natural science, wildlife, and environmental education programs provide the foundation for the development of literate children and adults, setting the stage for lifelong learning. Furthermore, integrating the basic subject areas of the common school curriculum in chapter 28A.230 RCW through natural science, wildlife, and environmental education offers many opportunities for achieving excellence in our schools. Well-designed programs, aligned with the state’s essential academic learning requirements, contribute to the state’s educational reform goals. (2) Washington is fortunate to have institutions and programs that currently provide quality natural science, wildlife, and environmental education and teacher training that is already aligned with the state’s essential academic learning requirements. (3) The legislature intends to further the development of natural science, wildlife, and environmental education by establishing a competitive grant program, funded through state moneys to the extent those moneys are appropriated, or made available through other sources, for proven natural science, wildlife, and environmental education programs that are fully aligned with the state’s essential academic learning requirements." [2003 c 22 § 1.] (2010 Ed.) 28A.300.450 28A.300.445 Washington natural science, wildlife, and environmental education partnership account. The Washington natural science, wildlife, and environmental education partnership account is hereby created in the custody of the state treasurer to provide natural science, wildlife, and environmental education opportunities for teachers and students to help achieve the highest quality of excellence in education through compliance with the essential academic learning requirements. Revenues to the account shall consist of appropriations made by the legislature or other sources. Grants and their administration shall be paid from the account. Only the superintendent of public instruction or the superintendent’s designee may authorize expenditures from the account. The fund is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2003 c 22 § 2.] 28A.300.445 Intent—2003 c 22: See note following RCW 28A.300.440. 28A.300.450 Financial education public-private partnership—Established. (1) A financial education public-private partnership is established, composed of the following members: (a) Four members of the legislature, with one member from each caucus of the house of representatives appointed by the speaker of the house of representatives, and one member from each caucus of the senate appointed by the president of the senate; (b) Four representatives from the private for-profit and nonprofit financial services sector, including at least one representative from the jumpstart coalition, to be appointed by the governor; (c) Four teachers to be appointed by the superintendent of public instruction, with one each representing the elementary, middle, secondary, and postsecondary education sectors; (d) A representative from the department of financial institutions to be appointed by the director; (e) Two representatives from the office of the superintendent of public instruction, with one involved in curriculum development and one involved in teacher professional development, to be appointed by the superintendent. (2) The chair of the partnership shall be selected by the members of the partnership from among the legislative members. (3) To the extent funds are appropriated or are available for this purpose, the partnership may hire a staff person who shall reside in the office of the superintendent of public instruction for administrative purposes. Additional technical and logistical support may be provided by the office of the superintendent of public instruction, the department of financial institutions, the organizations composing the partnership, and other participants in the financial education public-private partnership. (4) The members of the partnership shall be appointed by August 1, 2009. (5) Legislative members of the partnership shall receive per diem and travel under RCW 44.04.120. (6) Travel and other expenses of members of the partnership shall be provided by the agency, association, or organization that member represents. 28A.300.450 [Title 28A RCW—page 119] 28A.300.460 Title 28A RCW: Common School Provisions (7) This section shall be implemented to the extent funds are available. [2009 c 443 § 1; 2004 c 247 § 2.] Findings—Intent—2004 c 247: "The legislature recognizes that the average high school student lacks a basic knowledge of personal finance. In addition, the legislature recognizes the damaging effects of not properly preparing youth for the financial challenges of modern life, including bankruptcy, poor retirement planning, unmanageable debt, and a lower standard of living for Washington families. The legislature finds that the purpose of the state’s system of public education is to help students acquire the skills and knowledge they will need to be productive and responsible 21st century citizens. The legislature further finds that responsible citizenship includes an ability to make wise financial decisions. The legislature further finds that financial literacy could easily be included in lessons, courses, and projects that demonstrate each student’s understanding of the state’s four learning goals, including goal four: Understanding the importance of work and how performance, effort, and decisions directly affect future opportunities. The legislature intends to assist school districts in their efforts to ensure that students are financially literate through identifying critical financial literacy skills and knowledge, providing information on instructional materials, and creating a public-private partnership to help provide instructional tools and professional development to school districts that wish to increase the financial literacy of their students." [2004 c 247 § 1.] 28A.300.460 Financial education public-private partnership responsibilities—Annual report. (1) The task of the financial education public-private partnership is to seek out and determine the best methods of equipping students with the knowledge and skills they need, before they become self-supporting, in order for them to make critical decisions regarding their personal finances. The components of personal financial education shall include the achievement of skills and knowledge necessary to make informed judgments and effective decisions regarding earning, spending, and the management of money and credit. (2) In carrying out its task, and to the extent funds are available, the partnership shall: (a) Communicate to school districts the financial education standards adopted under RCW 28A.300.462, other important financial education skills and content knowledge, and strategies for expanding the provision and increasing the quality of financial education instruction; (b) Review on an ongoing basis financial education curriculum that is available to school districts, including instructional materials and programs and schoolwide programs that include the important financial skills and content knowledge; (c) Develop evaluation standards and a procedure for endorsing financial education curriculum that the partnership determines should be recommended for use in school districts; (d) Identify assessments and outcome measures that schools and communities may use to determine whether students have met the financial education standards adopted under RCW 28A.300.462; (e) Monitor and provide guidance for professional development for educators regarding financial education, including ways that teachers at different grade levels may integrate financial skills and content knowledge into mathematics, social studies, and other course content areas; (f) Work with the office of the superintendent of public instruction and the professional educator standards board to create professional development that could lead to a certificate endorsement or other certification of competency in financial education; 28A.300.460 [Title 28A RCW—page 120] (g) Develop academic guidelines and standards-based protocols for use by classroom volunteers who participate in delivering financial education to students in the public schools; and (h) Provide an annual report beginning December 1, 2009, as provided in RCW 28A.300.464, to the governor, the superintendent of public instruction, and the committees of the legislature with oversight over K-12 education and higher education. [2009 c 443 § 2; 2007 c 459 § 2; 2004 c 247 § 5.] Effective date—2007 c 459: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2007]." [2007 c 459 § 5.] F ind ing s— Inte nt— 2 004 c 24 7: See n ot e fol l ow i ng RC W 28A.300.450. 28A.300.462 Financial education public-private partnership—Financial education learning standards— Technical assistance and grants for demonstration projects—Report. (1) Subject to funds appropriated specifically for this purpose, the office of the superintendent of public instruction and the financial education public-private partnership shall provide technical assistance and grants to support demonstration projects for district-wide adoption and implementation of the financial education learning standards under this section. (2) School districts may apply on a competitive basis to participate as a demonstration project. The office and the partnership shall select up to four school districts as demonstration projects, with two districts located in eastern Washington and two districts located in western Washington, if possible. (3) Selected districts must: (a) Adopt the jumpstart coalition national standards in K12 personal finance education as the essential academic learning requirements for financial education and provide students with an opportunity to master the standards; (b) Make a commitment to integrate financial education into instruction at all grade levels and in all schools in the district; (c) Establish local partnerships within the community to promote financial education in the schools; and (d) Conduct pre and posttesting of students’ financial literacy. (4) The office of the superintendent of public instruction, with the advice of the financial education public-private partnership, shall provide assistance to the demonstration projects regarding curriculum, professional development, and innovative instructional programs to implement the financial education standards. (5) The selected districts must report findings and results of the demonstration project to the office of the superintendent of public instruction and appropriate committees of the legislature by April 30, 2011. [2009 c 443 § 3.] 28A.300.462 28A.300.464 Financial education public-private partnership—Contents of report. The annual report from the financial education public-private partnership, provided funds are available, shall include: (1) Results from the jumpstart survey of personal financial literacy; 28A.300.464 (2010 Ed.) Superintendent of Public Instruction (2) Progress toward statewide adoption of financial education standards by school districts; (3) Professional development activities related to equipping teachers with the knowledge and skills to teach financial education; (4) Activities related to financial education curriculum development; and (5) Any recommendations for policies or other activities to support financial education instruction in public schools. [2009 c 443 § 4.] 28A.300.465 Financial education public-private partnership account. The Washington financial education public-private partnership account is hereby created in the custody of the state treasurer. The purpose of the account is to support the financial education public-private partnership, and to provide financial education opportunities for students and financial education professional development opportunities for the teachers providing those educational opportunities. Revenues to the account may include gifts from the private sector, federal funds, and any appropriations made by the legislature or other sources. Grants and their administration shall be paid from the account. Only the superintendent of public instruction or the superintendent’s designee may authorize expenditures from the account, and only at the direction of the partnership. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2009 c 443 § 5; 2004 c 247 § 6.] 28A.300.465 F ind ing s— Inte nt— 20 04 c 24 7: See n ot e fol l ow i ng RC W 28A.300.450. 28A.300.475 Medically accurate sexual health education—Curricula—Participation excused—Parental review. (1) By September 1, 2008, every public school that offers sexual health education must assure that sexual health education is medically and scientifically accurate, age-appropriate, appropriate for students regardless of gender, race, disability status, or sexual orientation, and includes information about abstinence and other methods of preventing unintended pregnancy and sexually transmitted diseases. All sexual health information, instruction, and materials must be medically and scientifically accurate. Abstinence may not be taught to the exclusion of other materials and instruction on contraceptives and disease prevention. A school may choose to use separate, outside speakers or prepared curriculum to teach different content areas or units within the comprehensive sexual health program as long as all speakers, curriculum, and materials used are in compliance with this section. Sexual health education must be consistent with the January 2005 guidelines for sexual health information and disease prevention developed by the department of health and the office of the superintendent of public instruction. (2) As used in chapter 265, Laws of 2007, "medically and scientifically accurate" means information that is verified or supported by research in compliance with scientific methods, is published in peer-review journals, where appropriate, and is recognized as accurate and objective by professional organizations and agencies with expertise in the field of sexual health including but not limited to the American college of obstetricians and gynecologists, the Washington state 28A.300.475 (2010 Ed.) 28A.300.475 department of health, and the federal centers for disease control and prevention. (3) The superintendent of public instruction and the department of health shall make the January 2005 guidelines for sexual health information and disease prevention available to school districts, teachers, and guest speakers on their web sites. Within available resources, the superintendent of public instruction and the department of health shall make any related information, model policies, curricula, or other resources available as well. (4) The superintendent of public instruction, in consultation with the department of health, shall develop a list of sexual health education curricula that are consistent with the 2005 guidelines for sexual health information and disease prevention. This list shall be intended to serve as a resource for schools, teachers, or any other organization or community group, and shall be updated no less frequently than annually and made available on the web sites of the office of the superintendent of public instruction and the department of health. (5) Public schools that offer sexual health education are encouraged to review their sexual health curricula and choose a curriculum from the list developed under subsection (4) of this section. Any public school that offers sexual health education may identify, choose, or develop any other curriculum, if the curriculum chosen or developed complies with the requirements of this section. (6) Any parent or legal guardian who wishes to have his or her child excused from any planned instruction in sexual health education may do so upon filing a written request with the school district board of directors or its designee, or the principal of the school his or her child attends, or the principal’s designee. In addition, any parent or legal guardian may review the sexual health education curriculum offered in his or her child’s school by filing a written request with the school district board of directors, the principal of the school his or her child attends, or the principal’s designee. (7) The office of the superintendent of public instruction shall, through its Washington state school health profiles survey or other existing reporting mechanism, ask public schools to identify any curricula used to provide sexual health education, and shall report the results of this inquiry to the legislature on a biennial basis, beginning with the 2008-09 school year. (8) The requirement to report harassment, intimidation, or bullying under RCW 28A.600.480(2) applies to this section. [2007 c 265 § 2.] Finding—Intent—2007 c 265: "(1) The legislature finds that young people should have the knowledge and skills necessary to build healthy relationships, and to protect themselves from unintended pregnancy and sexually transmitted diseases, including HIV infection. The primary responsibility for sexual health education is with parents and guardians. However, this responsibility also extends to schools and other community groups. It is in the public’s best interest to ensure that young people are equipped with medically and scientifically accurate, age-appropriate information that will help them avoid unintended pregnancies, remain free of sexually transmitted diseases, and make informed, responsible decisions throughout their lives. (2) The legislature intends to support and advance the standards established in the January 2005 guidelines for sexual health information and disease prevention developed by the office of the superintendent of public instruction and the department of health. These guidelines are a fundamental tool to help school districts, teachers, guest speakers, health and counseling providers, community groups, parents, and guardians choose, develop, and evaluate sexual health curricula to better meet the health and safety needs of adolescents and young adults in their communities." [2007 c 265 § 1.] [Title 28A RCW—page 121] 28A.300.480 Title 28A RCW: Common School Provisions Short title—2007 c 265: "This act may be known and cited as the healthy youth act." [2007 c 265 § 3.] 28A.300.480 Civic education travel grant program. (1) The civic education travel grant program is created to provide travel grants to students participating in statewide, regional, national, or international civic education competitions or events. (2) The superintendent of public instruction shall allocate grants under the program established in this section from private donations or with amounts appropriated for this specific purpose. The grants shall be awarded on a competitive basis. (3) The superintendent of public instruction may contract with independent review panelists and establish an advisory panel to evaluate and make recommendations to the superintendent of public instruction based on grant applications. (4) The superintendent of public instruction shall select grant recipients from student applicants that meet all of the following criteria: (a) Students must be residents of the state of Washington; (b) Students must use the grants to fund travel to civic education-based competitions or events; (c) Students must be participants in the civic education competition or event; and (d) Students must be under the age of twenty-one and not yet have received their high school diploma. (5) Students are encouraged to seek matching funds, in-kind contributions, or other sources of support to supplement their travel expenses. (6) Applicants must include in the grant application the following: (a) A brief description of the civic education competition or event; (b) A brief description of what the applicant expects to learn from the competition or event; (c) The total travel costs and how much the applicant is requesting from the program; and (d) The total amount of matching funds the applicant has already secured or expects to secure. (7) The superintendent of public instruction may adopt other criteria as appropriate for the review of grant proposals. In reviewing student applications for funding, scoring shall be based on an evaluation of all application materials that may be requested of applicants. The superintendent of public instruction shall consider the overall breadth and variety of the field of applicants to determine the projects that would best fulfill the program’s goal. Final grant awards may be for the full amount of the grant request or for a portion of the grant request. (8) The office of the superintendent of public instruction may accept gifts, grants, or endowments from public or private sources for the program and may spend any gifts, grants, or endowments or income from public or private sources according to their terms. [2007 c 291 § 3.] 28A.300.480 Finding—Effective date—2007 c 291: See notes following RCW 28A.300.801. [Title 28A RCW—page 122] 28A.300.490 Task force on gangs in schools— Reports. (1) A task force on gangs in schools is created to examine current adult and youth gang activities that are affecting school safety. The task force shall work under the guidance of the superintendent of public instruction school safety center, the school safety center advisory committee, and the Washington association of sheriffs and police chiefs. (2) The task force shall be comprised of representatives, selected by the superintendent of public instruction, who possess expertise relevant to gang activity in schools. The task force shall outline methods for preventing new gangs, eliminating existing gangs, gathering intelligence, and sharing information about gang activities. (3) Beginning December 1, 2007, the task force shall annually report its findings and recommendations to the education committees of the legislature. [2007 c 406 § 2.] 28A.300.490 28A.300.500 Longitudinal student data system. (1) The office of the superintendent of public instruction is authorized to establish a longitudinal student data system for and on behalf of school districts in the state. The primary purpose of the data system is to better aid research into programs and interventions that are most effective in improving student performance, better understand the state’s public educator workforce, and provide information on areas within the educational system that need improvement. (2) The confidentiality of personally identifiable student data shall be safeguarded consistent with the requirements of the federal family educational rights privacy act and applicable state laws. Consistent with the provisions of these federal and state laws, data may be disclosed for educational purposes and studies, including but not limited to: (a) Educational studies authorized or mandated by the state legislature; (b) Studies initiated by other state educational authorities and authorized by the office of the superintendent of public instruction, including analysis conducted by the education data center established under RCW 43.41.400; and (c) Studies initiated by other public or private agencies and organizations and authorized by the office of the superintendent of public instruction. (3) Any agency or organization that is authorized by the office of the superintendent of public instruction to access student-level data shall adhere to all federal and state laws protecting student data and safeguarding the confidentiality and privacy of student records. (4) Nothing in this section precludes the office of the superintendent of public instruction from collecting and distributing aggregate data about students or student-level data without personally identifiable information. [2007 c 401 § 2.] 28A.300.500 Findings—2007 c 401: "The legislature finds that: (1) Reliable data on student progress, characteristics of students and schools, and teacher qualifications and mobility is critical for accountability to the state and to the public; (2) Educational data should be made available as widely as possible while appropriately protecting the privacy of individuals as provided by law; (3) Having a single, comprehensive, and technically compatible student and school-level data system will streamline data collection for school districts, reduce inefficiencies caused by the lack of connectivity, and minimize or eliminate multiple data entry; and (4) Schools and districts should be supported in their management of educational data and should have access to user-friendly programs and (2010 Ed.) Superintendent of Public Instruction reports that can be readily used by classroom teachers and building principals to improve instruction." [2007 c 401 § 1.] 28A.300.505 School data systems—Standards— Reporting format. (1) The office of the superintendent of public instruction shall develop standards for school data systems that focus on validation and verification of data entered into the systems to ensure accuracy and compatibility of data. The standards shall address but are not limited to the following topics: (a) Date validation; (b) Code validation, which includes gender, race or ethnicity, and other code elements; (c) Decimal and integer validation; and (d) Required field validation as defined by state and federal requirements. (2) The superintendent of public instruction shall develop a reporting format and instructions for school districts to collect and submit data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups so that analyses may be conducted on student achievement using the disaggregated data. [2007 c 401 § 5.] 28A.300.505 Findings—2007 c 401: See note following RCW 28A.300.500. 28A.300.507 K-12 data governance group—Duties— Reports. (1) A K-12 data governance group shall be established within the office of the superintendent of public instruction to assist in the design and implementation of a K12 education data improvement system for financial, student, and educator data. It is the intent that the data system reporting specifically serve requirements for teachers, parents, superintendents, school boards, the office of the superintendent of public instruction, the legislature, and the public. (2) The K-12 data governance group shall include representatives of the education data center, the office of the superintendent of public instruction, the legislative evaluation and accountability program committee, the professional educator standards board, the state board of education, and school district staff, including information technology staff. Additional entities with expertise in education data may be included in the K-12 data governance group. (3) The K-12 data governance group shall: (a) Identify the critical research and policy questions that need to be addressed by the K-12 education data improvement system; (b) Identify reports and other information that should be made available on the internet in addition to the reports identified in subsection (5) of this section; (c) Create a comprehensive needs requirement document detailing the specific information and technical capacity needed by school districts and the state to meet the legislature’s expectations for a comprehensive K-12 education data improvement system as described under RCW 28A.655.210; (d) Conduct a gap analysis of current and planned information compared to the needs requirement document, including an analysis of the strengths and limitations of an education data system and programs currently used by school districts and the state, and specifically the gap analysis must look at the extent to which the existing data can be transformed into canonical form and where existing software can be used to meet the needs requirement document; 28A.300.507 (2010 Ed.) 28A.300.507 (e) Focus on financial and cost data necessary to support the new K-12 financial models and funding formulas, including any necessary changes to school district budgeting and accounting, and on assuring the capacity to link data across financial, student, and educator systems; and (f) Define the operating rules and governance structure for K-12 data collections, ensuring that data systems are flexible and able to adapt to evolving needs for information, within an objective and orderly data governance process for determining when changes are needed and how to implement them. Strong consideration must be made to the current practice and cost of migration to new requirements. The operating rules should delineate the coordination, delegation, and escalation authority for data collection issues, business rules, and performance goals for each K-12 data collection system, including: (i) Defining and maintaining standards for privacy and confidentiality; (ii) Setting data collection priorities; (iii) Defining and updating a standard data dictionary; (iv) Ensuring data compliance with the data dictionary; (v) Ensuring data accuracy; and (vi) Establishing minimum standards for school, student, financial, and teacher data systems. Data elements may be specified "to the extent feasible" or "to the extent available" to collect more and better data sets from districts with more flexible software. Nothing in RCW 43.41.400, this section, or RCW 28A.655.210 should be construed to require that a data dictionary or reporting should be hobbled to the lowest common set. The work of the K-12 data governance group must specify which data are desirable. Districts that can meet these requirements shall report the desirable data. Funding from the legislature must establish which subset data are absolutely required. (4)(a) The K-12 data governance group shall provide updates on its work as requested by the education data center and the legislative evaluation and accountability program committee. (b) The work of the K-12 data governance group shall be periodically reviewed and monitored by the educational data center and the legislative evaluation and accountability program committee. (5) To the extent data is available, the office of the superintendent of public instruction shall make the following minimum reports available on the internet. The reports must either be run on demand against current data, or, if a static report, must have been run against the most recent data: (a) The percentage of data compliance and data accuracy by school district; (b) The magnitude of spending per student, by student estimated by the following algorithm and reported as the detailed summation of the following components: (i) An approximate, prorated fraction of each teacher or human resource element that directly serves the student. Each human resource element must be listed or accessible through online tunneling in the report; (ii) An approximate, prorated fraction of classroom or building costs used by the student; (iii) An approximate, prorated fraction of transportation costs used by the student; and [Title 28A RCW—page 123] 28A.300.510 Title 28A RCW: Common School Provisions (iv) An approximate, prorated fraction of all other resources within the district. District-wide components should be disaggregated to the extent that it is sensible and economical; (c) The cost of K-12 basic education, per student, by student, by school district, estimated by the algorithm in (b) of this subsection, and reported in the same manner as required in (b) of this subsection; (d) The cost of K-12 special education services per student, by student receiving those services, by school district, estimated by the algorithm in (b) of this subsection, and reported in the same manner as required in (b) of this subsection; (e) Improvement on the statewide assessments computed as both a percentage change and absolute change on a scale score metric by district, by school, and by teacher that can also be filtered by a student’s length of full-time enrollment within the school district; (f) Number of K-12 students per classroom teacher on a per teacher basis; (g) Number of K-12 classroom teachers per student on a per student basis; (h) Percentage of a classroom teacher per student on a per student basis; and (i) The cost of K-12 education per student by school district sorted by federal, state, and local dollars. (6) The superintendent of public instruction shall submit a preliminary report to the legislature by November 15, 2009, including the analyses by the K-12 data governance group under subsection (3) of this section and preliminary options for addressing identified gaps. A final report, including a proposed phase-in plan and preliminary cost estimates for implementation of a comprehensive data improvement system for financial, student, and educator data shall be submitted to the legislature by September 1, 2010. (7) All reports and data referenced in this section and RCW 43.41.400 and 28A.655.210 shall be made available in a manner consistent with the technical requirements of the legislative evaluation and accountability program committee and the education data center so that selected data can be provided to the legislature, governor, school districts, and the public. (8) Reports shall contain data to the extent it is available. All reports must include documentation of which data are not available or are estimated. Reports must not be suppressed because of poor data accuracy or completeness. Reports may be accompanied with documentation to inform the reader of why some data are missing or inaccurate or estimated. [2009 c 548 § 203.] Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Intent—Finding—2009 c 548: See note following RCW 28A.305.130. 28A.300.510 After-school mathematics support program—Reports. (1) The after-school mathematics support program is created to study the effects of intentional, skilled mathematics support included as part of an existing afterschool activity program. (2) The office of the superintendent of public instruction shall provide grants to selected community-based, nonprofit 28A.300.510 [Title 28A RCW—page 124] organizations that provide after-school programs and include support for students to learn mathematics. (3) Grant applicants must demonstrate the capacity to provide assistance in mathematics learning in the following ways: (a) Identifying the mathematics content and instructional skill of the staff or volunteers assisting students; (b) Identifying proposed learning strategies to be used, which could include computer-based instructional and skill practice programs and tutoring by adults or other students; (c) Articulating the plan for connection with school mathematics teachers to coordinate student assistance; and (d) Articulating the plan for assessing student and program success. (4) Priority will be given to applicants that propose programs to serve middle school and junior high school students. (5) The office of the superintendent of public instruction shall evaluate program outcomes and report to the governor and the education committees of the legislature on the outcomes of the grants and make recommendations related to program continuation, program modification, and issues related to program sustainability and possible program expansion. An interim report is due November 1, 2008. The final report is due December 1, 2009. [2007 c 396 § 3.] Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.300.515 Statewide director for math, science, and technology—Duties—Reporting. The superintendent of public instruction shall provide support for statewide coordination for math, science, and technology, including employing a statewide director for math, science, and technology. The duties of the director shall include, but not be limited to: (1) Within funds specifically appropriated therefor, obtain a statewide license, or otherwise obtain and disseminate, an interactive, project-based high school and middle school technology curriculum that includes a comprehensive professional development component for teachers and, if possible, counselors, and also includes a systematic program evaluation. The curriculum must be distributed to all school districts, or as many as feasible, by the 2007-08 school year; (2) Within funds specifically appropriated therefor, supporting a public-private partnership to assist school districts with implementing an ongoing, inquiry-based science program that is based on a research-based model of systemic reform and aligned with the Washington state science grade level expectations; (3) Within funds specifically appropriated therefor, supporting a public-private partnership to provide enriching opportunities in mathematics, engineering, and science for underrepresented students in grades kindergarten through twelve using exemplary materials and instructional approaches; (4) In an effort to increase precollege and prework interest in math, science, and technology fields, in collaboration with the community and technical colleges, the four-year institutions of higher education, and the workforce training and education coordinating board, conducting outreach efforts to attract middle and high school students to careers in 28A.300.515 (2010 Ed.) Superintendent of Public Instruction math, science, and technology and to educate students about the coursework that is necessary to be adequately prepared to succeed in these fields; (5) Coordinating youth opportunities in math, science, and technology, including facilitating student participation in school clubs, state-level fairs, national competitions, and encouraging partnerships between students and university faculty or industry to facilitate such student participation; (6) Developing and maintaining public-private partnerships to generate business and industry assistance to accomplish the following: (a) Increasing student engagement and career awareness, including increasing student participation in the youth opportunities in subsection (5) of this section; (b) Creation and promotion of student scholarships, internships, and apprenticeships; (c) Provision of relevant teacher experience and training, including on-the-job professional development opportunities; (d) Upgrading kindergarten through twelfth grade school equipment and facilities to support high quality math, science, and technology programs; (7) Assembling a cadre of inspiring speakers employed or experienced in the relevant fields to speak to kindergarten through twelfth grade students to demonstrate the breadth of the opportunities in the relevant fields as well as share the types of coursework that is [are] necessary for someone to be successful in the relevant field; (8) Providing technical assistance to schools and school districts, including working with counselors in support of the math, science, and technology programs; and (9) Reporting annually to the legislature about the actions taken to provide statewide coordination for math, science, and technology. [2007 c 396 § 15.] Finding—Intent—2007 c 396: "The legislature finds that knowledge, skills, and opportunities in mathematics, science, and technology should be increased for all students in Washington. The legislature intends to foster capacity between and among the educational sectors to enable continuous and sustainable growth of the learning and teaching of mathematics, science, and technologies. The legislature intends to foster high quality mathematics, science, and technology programs to increase the number of students in the kindergarten through twelfth grade pipeline who are prepared and aspire to continue in the areas of mathematics, science, and technology, whether it be at a college, university, or in the workforce." [2007 c 396 § 12.] Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W 28A.305.215. 28A.300.520 28A.300.520 Policies to support children of incarcerated parents. (1) The superintendent of public instruction shall review current policies and assess the adequacy and availability of programs targeted at children who have a parent who is incarcerated in a department of corrections facility. The superintendent of public instruction shall adopt policies that support the children of incarcerated parents and meet their needs with the goal of facilitating normal child development, including maintaining adequate academic progress, while reducing intergenerational incarceration. (2) To the extent funds are available, the superintendent shall conduct the following activities to assist in implementing the requirements of subsection (1) of this section: (2010 Ed.) 28A.300.530 (a) Gather information and data on the students who are the children of inmates incarcerated in department of corrections facilities; and (b) Participate in the children of incarcerated parents advisory committee and report information obtained under this section to the advisory committee. [2009 c 578 § 9; 2007 c 384 § 5.] Intent—Finding—2007 c 384: See note following RCW 72.09.495. 28A.300.525 Students in children’s administration out-of-home care—Report on educational experiences. (Expires July 1, 2011.) (1) The superintendent of public instruction shall provide an annual aggregate report to the legislature on the educational experiences and progress of students in children’s administration out-of-home care. This data should be disaggregated in the smallest units allowable by law that do not identify an individual student, in order to learn which school districts are experiencing the greatest success and challenges in achieving quality educational outcomes with students in children’s administration out-ofhome care. (2) This section is suspended until July 1, 2011. [2009 c 556 § 11; 2008 c 297 § 2.] 28A.300.525 Expiration date—2009 c 556 §§ 11, 13, and 15: "Sections 11, 13, and 15 of this act expire July 1, 2011." [2009 c 556 § 21.] 28A.300.525 Students in children’s administration out-of-home care—Report on educational experiences. (Effective July 1, 2011.) The superintendent of public instruction shall provide an annual aggregate report to the legislature on the educational experiences and progress of students in children’s administration out-of-home care. This data should be disaggregated in the smallest units allowable by law that do not identify an individual student, in order to learn which school districts are experiencing the greatest success and challenges in achieving quality educational outcomes with students in children’s administration out-ofhome care. [2008 c 297 § 2.] 28A.300.525 28A.300.530 Individuals with dyslexia—Identification and instruction—Handbook—Reports. (1) Within available resources, the office of the superintendent of public instruction, in consultation with the school districts that participated in the Lorraine Wojahn dyslexia pilot program, and with an international nonprofit organization dedicated to supporting efforts to provide appropriate identification of and instruction for individuals with dyslexia, shall: (a) Develop an educator training program to enhance the reading, writing, and spelling skills of students with dyslexia. The training program must provide research-based, multisensory literacy intervention professional development in the areas of dyslexia and intervention implementation. The program shall be posted on the web site of the office of the superintendent of public instruction. The training program may be regionally delivered through the educational service districts. The educational service districts may seek assistance from the international nonprofit organization to deliver the training; and (b) Develop a dyslexia handbook to be used as a reference for teachers and parents of students with dyslexia. The 28A.300.530 [Title 28A RCW—page 125] 28A.300.540 Title 28A RCW: Common School Provisions handbook shall be modeled after other state dyslexia handbooks, and shall include guidelines for school districts to follow as they identify and provide services for students with dyslexia. Additionally, the handbook shall provide school districts, and parents and guardians with information regarding the state’s relevant statutes and their relation to federal special education laws. The handbook shall be posted on the web site of the office of the superintendent of public instruction. (2) Beginning September 1, 2009, and annually thereafter, each educational service district shall report to the office of the superintendent of public instruction the number of individuals who participate in the training developed and offered by the educational service district. The office of the superintendent of public instruction shall report that information to the legislative education committees. [2009 c 546 § 2.] Finding—Intent—2009 c 546: "Dyslexia is a language-based learning disability that affects individuals throughout their lives. Washington state has a long-standing tradition of working to serve its students with dyslexia. Since 2005, the legislature has provided funding for five pilot projects to implement research-based, multisensory literacy intervention for students with dyslexia. Participating schools were required to have a three-tiered reading structure in place, provide professional development training to teachers, assess students, and collect and maintain data on student progress. The legislature finds that the students receiving intervention support through the dyslexia pilot projects have made substantial and steady academic gains. The legislature intends to sustain this work and expand the implementation to a level of statewide support for students with dyslexia by developing and providing information and training, including a handbook to continue to improve the skills of our students with dyslexia." [2009 c 546 § 1.] 28A.300.540 28A.300.540 Uniform process to track expenditures for transporting homeless students—Rules—Information to agency council on coordinated transportation. By December 31, 2010, the office of the superintendent of public instruction shall establish a uniform process designed to track the additional expenditures for transporting homeless students, including expenditures required under the McKinney Vento act, reauthorized as Title X, Part C, of the no child left behind act, P.L. 107-110, in January 2002. Once established, the superintendent shall adopt the necessary administrative rules to direct each school district to adopt and use the uniform process and track these expenditures. The superintendent shall provide information annually to the agency council on coordinated transportation, created in chapter 47.06B RCW, on total expenditures related to the transportation of homeless students. [2009 c 515 § 12.] 28A.300.800 28A.300.800 Education of school-age children in short-term foster care—Working group—Recommendations to legislature. (1) Within existing resources, the department of social and health services, in cooperation with the office of the superintendent of public instruction, shall convene a working group to prepare a plan for the legislature which addresses educational stability and continuity for school-age children who enter into short-term foster care. The working group shall be comprised of representatives from: (a) The children’s administration of the department of social and health services; [Title 28A RCW—page 126] (b) The special education, transportation, and apportionment divisions of the office of the superintendent of public instruction; (c) The Washington state institute for public policy; (d) School districts; (e) Organizations that regularly advocate for foster children; (f) Foster parents; and (g) Other individuals with related expertise as deemed appropriate by the working group. (2)(a) The working group shall develop a plan for assuring that the best interests of the child are a primary consideration in the school placement of a child in short-term foster care. The plan must: (i) Determine the current status of school placement for children placed in short-term foster care; (ii) Identify options and possible funding sources from existing resources which could be made available to assure that children placed in short-term foster care are able to remain in the school where they were enrolled prior to placement; (iii) Submit recommendations to the legislature by November 1, 2002, to assure the best interest of the child receives primary consideration in school placement decisions. (b) The plan shall be developed within existing resources. [2002 c 326 § 1.] Effective date—2002 c 326: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 2, 2002]." [2002 c 326 § 3.] 28A.300.801 Legislative youth advisory council. (1) The legislative youth advisory council is established to examine issues of importance to youth, including but not limited to education, employment, strategies to increase youth participation in state and municipal government, safe environments for youth, substance abuse, emotional and physical health, foster care, poverty, homelessness, and youth access to services on a statewide and municipal basis. (2) The council consists of twenty-two members as provided in this subsection who, at the time of appointment, are aged fourteen to eighteen. The council shall select a chair from among its members. (3) Except for initial members, members shall serve twoyear terms, and if eligible, may be reappointed for subsequent two-year terms. One-half of the initial members shall be appointed to one-year terms, and these appointments shall be made in such a way as to preserve overall representation on the committee. (4)(a) By July 2, 2007, and annually thereafter, students may apply to be considered for participation in the program by completing an online application form and submitting the application to the legislative youth advisory council. The council may develop selection criteria and an application review process. The council shall recommend candidates whose names will be submitted to the office of the lieutenant governor for final selection. Beginning May 7, 2009, the office of the lieutenant governor shall notify all applicants of the final selections using existing staff and resources. 28A.300.801 (2010 Ed.) State Board of Education (b) Within existing staff and resources, the office of the lieutenant governor shall make the application available on the lieutenant governor’s web site. (5) If the council has sufficient funds from any source, then the council shall have the following duties: (a) Advising the legislature on proposed and pending legislation, including state budget expenditures and policy matters relating to youth; (b) Advising the standing committees of the legislature and study commissions, committees, and task forces regarding issues relating to youth; (c) Conducting periodic seminars for its members regarding leadership, government, and the legislature; (d) Accepting and soliciting for grants and donations from public and private sources to support the activities of the council; and (e) Reporting annually by December 1st to the legislature on its activities, including proposed legislation that implements recommendations of the council. (6) If the council has sufficient funds from any source, then in carrying out its duties under this section, the council may meet at least three times but not more than six times per year. The council shall consider conducting at least some of the meetings via the K-20 telecommunications network. The council is encouraged to invite local state legislators to participate in the meetings. The council is encouraged to poll other students in order to get a broad perspective on the various issues. The council is encouraged to use technology to conduct the polling, including the council’s web site, if the council has a web site. (7) If the council has sufficient funds from any source, then members shall be reimbursed as provided in RCW 43.03.050 and 43.03.060. (8) If sufficient funds are available from any source, beginning with May 7, 2009, the office of superintendent of public instruction shall provide administration, coordination, and facilitation assistance to the council. The senate and house of representatives may provide policy and fiscal briefings and assistance with drafting proposed legislation. The senate and the house of representatives shall each develop internal policies relating to staff assistance provided to the council. Such policies may include applicable internal personnel and practices guidelines, resource use and expense reimbursement guidelines, and applicable ethics mandates. Provision of funds, resources, and staff, as well as the assignment and direction of staff, remains at all times within the sole discretion of the chamber making the provision. (9) The office of the lieutenant governor, the office of the superintendent of public instruction, the legislature, any agency of the legislature, and any official or employee of such office or agency are immune from liability for any injury that is incurred by or caused by a member of the youth advisory council and that occurs while the member of the council is performing duties of the council or is otherwise engaged in activities or receiving services for which reimbursement is allowed under subsection (7) of this section. The immunity provided by this subsection does not apply to an injury intentionally caused by the act or omission of an employee or official of the superintendent of public instruction or the legislature or any agency of the legislature. [2009 c 410 § 1; 2007 c 291 § 2; 2005 c 355 § 1.] (2010 Ed.) 28A.305.011 Effective date—2009 c 410: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 7, 2009]." [2009 c 410 § 2.] Finding—2007 c 291: "The legislature finds that the legislative youth advisory council provides a unique opportunity for middle and high school students to be actively involved in government. Councilmembers not only learn about, but exercise, the core values and democratic principles of our state and nation, along with the rights and responsibilities of citizenship and democratic civic involvement. As such, they are engaged in authentic practice of the essential academic learning requirements in civics. In the short time since its creation, the legislative youth advisory council has studied, debated, and begun to formulate positions and recommendations on such important topics as education reform, school finance, public school learning environments, health and fitness education, and standardized testing. The legislature continues to stress the importance of civics education and support the type of civic involvement by students exemplified by the legislative youth advisory council." [2007 c 291 § 1.] Effective date—2007 c 291: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 2, 2007]." [2007 c 291 § 4.] Chapter 28A.305 Chapter 28A.305 RCW STATE BOARD OF EDUCATION Sections 28A.305.011 28A.305.021 28A.305.035 28A.305.130 28A.305.140 28A.305.141 28A.305.190 28A.305.215 28A.305.219 28A.305.900 28A.305.901 28A.305.902 Board membership—Terms—Compensation. Election of board members—Restrictions. Joint report to the legislature. Powers and duties—Purpose. Waiver from provisions of RCW 28A.150.200 through 28A.150.220 authorized. Waiver from one hundred eighty-day school year requirement—Criteria—Recommendation to the legislature. Eligibility to take GED test. Essential academic learning requirements and grade level expectations—Revised standards and curricula for mathematics and science—Duties of the state board of education and the superintendent of public instruction—Revised graduation requirements. Mathematics advisory panel—Science advisory panel. Transfer of powers and duties—State board of education. Transfer of powers and duties—Academic achievement and accountability commission. Transfer of duties—Review and recommendation—2006 c 263. Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035. Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300. Reimbursement for substitute if employee serves state board or superintendent: RCW 28A.300.035. Statewide student assessment system—Redesign—Reports to the legislature: RCW 28A.300.041. 28A.305.011 Board membership—Terms—Compensation. (1) The membership of the state board of education shall be composed of sixteen members who are residents of the state of Washington: (a) Seven shall be members representing the educational system, as follows: (i) Five members elected by school district directors. Three of the members elected by school district directors shall be residents of western Washington and two members shall be residents of eastern Washington; (ii) One member elected at-large by the members of the boards of directors of all private schools in the state meeting the requirements of RCW 28A.195.010; and (iii) The superintendent of public instruction; (b) Seven members appointed by the governor; and 28A.305.011 [Title 28A RCW—page 127] 28A.305.021 Title 28A RCW: Common School Provisions (c) Two students selected in a manner determined by the state board of education. (2) Initial appointments shall be for terms from one to four years in length, with the terms expiring on the second Monday of January of the applicable year. As the terms of the first appointees expire or vacancies on the board occur, the governor shall appoint or reappoint members of the board to complete the initial terms or to four-year terms, as appropriate. (a) Appointees of the governor must be individuals who have demonstrated interest in public schools and are supportive of educational improvement, have a positive record of service, and who will devote sufficient time to the responsibilities of the board. (b) In appointing board members, the governor shall consider the diversity of the population of the state. (c) All appointments to the board made by the governor are subject to confirmation by the senate. (d) No person may serve as a member of the board, except the superintendent of public instruction, for more than two consecutive full four-year terms. (3) The governor may remove an appointed member of the board for neglect of duty, misconduct, malfeasance, or misfeasance in office, or for incompetent or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member. (4)(a) The chair of the board shall be elected by a majority vote of the members of the board. The chair of the board shall serve a term of two years, and may be reelected to an additional term. A member of the board may not serve as chair for more than two consecutive terms. (b) Eight voting members of the board constitute a quorum for the transaction of business. (c) All members except the student members are voting members. (5) Members of the board appointed by the governor who are not public employees shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060. [2006 c 263 § 105; 2005 c 497 § 101.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—2005 c 497: "The legislature intends to reconstitute the state board of education and to refocus its purpose; to abolish the academic achievement and accountability commission; to assign policy and rule-making authority for educator preparation and certification to the professional educator standards board and to clearly define its purpose; and to align the missions of the state board of education and the professional educator standards board to create a collaborative and effective governance system that can accelerate progress towards achieving the goals in RCW 28A.150.210." [2005 c 497 § 1.] Part headings not law—2005 c 497: "Part headings used in this act are not any part of the law." [2005 c 497 § 408.] Effective date—2005 c 497 §§ 101, 103, 105, 106, 201 through 220, 301, 401, and 403: "Sections 101, 103, 105, 106, 201 through 220, 301, 401, and 403 through 405 of this act take effect January 1, 2006." [2005 c 497 § 409.] [Title 28A RCW—page 128] 28A.305.021 Election of board members—Restrictions. The election of state board of education members by school directors and private school board members shall be conducted by the office of the superintendent of public instruction for the members of the state board who begin serving on January 1, 2006, and thereafter. (1) The superintendent shall adopt rules for the conduct of elections, which shall include, but need not be limited to: The definition of the eastern Washington and western Washington geographic regions of the state for the purpose of determining board member positions; the weighting of votes cast by the number of students in the school director’s school district or board member’s private school; election and dispute resolution procedures; the process for filling vacancies; and election timelines. The election timeline shall include calling for elections no later than the twenty-fifth of August, and notification of the election results no later than the fifteenth of December. (2) State board member positions one and two shall be filled by residents of the eastern Washington region and positions three, four, and five shall be filled by residents of the western Washington region. (3) A school director shall be eligible to vote only for a candidate for each position in the geographic region within which the school director resides. (4) Initial terms of the individuals elected by the school directors shall be for terms of two to four years in length as follows: Two members, one from eastern Washington and one from western Washington, shall be elected to two-year terms; two members, one from eastern Washington and one from western Washington, shall be elected to four-year terms; and one member from western Washington shall be elected to a three-year term. The term of the private school member shall be two years. All terms shall expire on the second Monday of January of the applicable year. (5) No person employed in any public or private school, college, university, or other educational institution or any educational service district superintendent’s office or in the office of the superintendent of public instruction is eligible for membership on the state board of education. No member of a board of directors of a local school district or private school may continue to serve in that capacity after having been elected to the state board. [2005 c 497 § 102.] 28A.305.021 Effective date—2005 c 497 § 102: "Section 102 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2005]." [2005 c 497 § 411.] Intent—Part headings not law—2005 c 497: See notes following RCW 28A.305.011. 28A.305.035 Joint report to the legislature. (1) By October 15th of each even-numbered year, the state board of education and the professional educator standards board shall submit a joint report to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals in RCW 28A.150.210. (2) The state board of education shall include the chairs and ranking minority members of the legislative education 28A.305.035 (2010 Ed.) State Board of Education committees in board communications so that the legislature can be kept apprised of the discussions and proposed actions of the board. [2006 c 263 § 103; 2005 c 497 § 103.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.305.130 Powers and duties—Purpose. The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability framework that creates a unified system of increasing levels of support for schools in order to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall: (1) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business; (2) Form committees as necessary to effectively and efficiently conduct the work of the board; (3) Seek advice from the public and interested parties regarding the work of the board; (4) For purposes of statewide accountability: (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal is implemented, the board shall present the goal to the education committees of the house of representatives and the senate for the committees’ review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature; (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board 28A.305.130 (2010 Ed.) 28A.305.130 shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose. The initial performance standards and any changes recommended by the board in the performance standards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards; (c) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system; and (d) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board; (5) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials; (6) Articulate with the institutions of higher education, workforce representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system; (7) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The board may delegate to the executive director by resolution such duties as deemed necessary to efficiently carry on the business of the board including, but not limited to, the authority to employ necessary personnel and the authority to enter into, amend, and terminate contracts on behalf of the board. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW; and (8) Adopt a seal that shall be kept in the office of the superintendent of public instruction. [2009 c 548 § 502; 2008 c 27 § 1; 2006 c 263 § 102; 2005 c 497 § 104; 2002 c 205 § 3; 1997 c 13 § 5; 1996 c 83 § 1; 1995 c 369 § 9; 1991 c 116 § 11; 1990 c 33 § 266. Prior: 1987 c 464 § 1; 1987 c 39 § 1; prior: 1986 c 266 § 86; 1986 c 149 § 3; 1984 c 40 § 2; 1979 ex.s. c 173 § 1; 1975-’76 2nd ex.s. c 92 § 1; 1975 1st ex.s. c 275 § 50; 1974 ex.s. c 92 § 1; 1971 ex.s. c 215 § 1; 1971 c 48 [Title 28A RCW—page 129] 28A.305.140 Title 28A RCW: Common School Provisions § 2; 1969 ex.s. c 223 § 28A.04.120; prior: 1963 c 32 § 1; 1961 c 47 § 1; prior: (i) 1933 c 80 § 1; 1915 c 161 § 1; 1909 c 97 p 236 § 5; 1907 c 240 § 3; 1903 c 104 § 12; 1897 c 118 § 27; 1895 c 150 § 1; 1890 p 352 § 8; Code 1881 § 3165; RRS § 4529. (ii) 1919 c 89 § 3; RRS § 4684. (iii) 1909 c 97 p 238 § 6; 1897 c 118 § 29; RRS § 4530. Formerly RCW 28A.04.120, 28.04.120, 28.58.280, 28.58.281, 28.58.282, 43.63.140.] Intent—Finding—2009 c 548: "(1)(a) The legislature intends to develop a system in which the state and school districts share accountability for achieving state educational standards and supporting continuous school improvement. The legislature recognizes that comprehensive education finance reform and the increased investment of public resources necessary to implement that reform must be accompanied by a new mechanism for clearly defining the relationships and expectations for the state, school districts, and schools. It is the legislature’s intent that this be accomplished through the development of a proactive, collaborative accountability system that focuses on a school improvement system that engages and serves the local school board, parents, students, staff in the schools and districts, and the community. The improvement system shall be based on progressive levels of support, with a goal of continuous improvement in student achievement and alignment with the federal system of accountability. (b) The legislature further recognizes that it is the state’s responsibility to provide schools and districts with the tools and resources necessary to improve student achievement. These tools include the necessary accounting and data reporting systems, assessment systems to monitor student achievement, and a system of general support, targeted assistance, recognition, and, if necessary, state intervention. (2) The legislature has already charged the state board of education to develop criteria to identify schools and districts that are successful, in need of assistance, and those where students persistently fail, as well as to identify a range of intervention strategies and a performance incentive system. The legislature finds that the state board of education should build on the work that the board has already begun in these areas. As development of these formulas, processes, and systems progresses, the legislature should monitor the progress." [2009 c 548 § 501.] Intent—2009 c 548: See note following RCW 28A.150.198. Finding—2009 c 548: See note following RCW 28A.410.270. Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Effective date—2005 c 497 §§ 104, 302, 402, and 406 through 408: "Sections 104, 302, 402, and 406 through 408 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005." [2005 c 497 § 410.] Intent—Part headings not law—2005 c 497: See notes following RCW 28A.305.011. Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and 4: See notes following RCW 28A.320.125. Child abuse and neglect—Development of primary prevention program: RCW 28A.300.160. Districts to develop programs and establish programs regarding child abuse and neglect prevention: RCW 28A.225.200. Professional certification not required of superintendents or deputy or assistant superintendents: RCW 28A.410.120. Use of force on children—Policy—Actions presumed unreasonable: RCW 9A.16.100. Additional notes found at www.leg.wa.gov 28A.305.140 Waiver from provisions of RCW 28A.150.200 through 28A.150.220 authorized. The state board of education may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each stu28A.305.140 [Title 28A RCW—page 130] dent. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program. The state board shall adopt criteria to evaluate the need for the waiver or waivers. [1990 c 33 § 267; (1992 c 141 § 302 expired September 1, 2000); 1985 c 349 § 6. Formerly RCW 28A.04.127.] Additional notes found at www.leg.wa.gov 28A.305.141 Waiver from one hundred eighty-day school year requirement—Criteria—Recommendation to the legislature. (Expires August 31, 2014.) (1) In addition to waivers authorized under RCW 28A.305.140 and 28A.655.180, the state board of education may grant waivers from the requirement for a one hundred eighty-day school year under RCW 28A.150.220 and *28A.150.250 to school districts that propose to operate one or more schools on a flexible calendar for purposes of economy and efficiency as provided in this section. The requirement under RCW 28A.150.220 that school districts offer an annual average instructional hour offering of at least one thousand hours shall not be waived. (2) A school district seeking a waiver under this section must submit an application that includes: (a) A proposed calendar for the school day and school year that demonstrates how the instructional hour requirement will be maintained; (b) An explanation and estimate of the economies and efficiencies to be gained from compressing the instructional hours into fewer than one hundred eighty days; (c) An explanation of how monetary savings from the proposal will be redirected to support student learning; (d) A summary of comments received at one or more public hearings on the proposal and how concerns will be addressed; (e) An explanation of the impact on students who rely upon free and reduced-price school child nutrition services and the impact on the ability of the child nutrition program to operate an economically independent program; (f) An explanation of the impact on the ability to recruit and retain employees in education support positions; (g) An explanation of the impact on students whose parents work during the missed school day; and (h) Other information that the state board of education may request to assure that the proposed flexible calendar will not adversely affect student learning. (3) The state board of education shall adopt criteria to evaluate waiver requests. No more than five districts may be granted waivers. Waivers may be granted for up to three years. After each school year, the state board of education shall analyze empirical evidence to determine whether the reduction is affecting student learning. If the state board of education determines that student learning is adversely affected, the school district shall discontinue the flexible calendar as soon as possible but not later than the beginning of the next school year after the determination has been made. All waivers expire August 31, 2014. (a) Two of the five waivers granted under this subsection shall be granted to school districts with student populations of less than one hundred fifty students. 28A.305.141 (2010 Ed.) State Board of Education (b) Three of the five waivers granted under this subsection shall be granted to school districts with student populations of between one hundred fifty-one and five hundred students. (4) The state board of education shall examine the waivers granted under this section and make a recommendation to the education committees of the legislature by December 15, 2013, regarding whether the waiver program should be continued, modified, or allowed to terminate. This recommendation should focus on whether the program resulted in improved student learning as demonstrated by empirical evidence. Such evidence includes, but is not limited to: Improved scores on the Washington assessment of student learning, results of the dynamic indicators of basic early literacy skills, student grades, and attendance. (5) This section expires August 31, 2014. [2009 c 543 § 2.] *Reviser’s note: The reference to a one hundred eighty-day school year in RCW 28A.150.250 was deleted by 2009 c 548 § 105. Finding—2009 c 543: "The legislature continues to support school districts seeking innovations to further the educational experiences of students and staff while also realizing increased efficiencies in day-to-day operations. School districts have suggested that efficiencies in heating, lighting, or maintenance expenses could be possible if districts were given the ability to create a more flexible calendar. Furthermore, the legislature finds that a flexible calendar could be beneficial to student learning by allowing for the use of the unscheduled days for professional development activities, planning, tutoring, special programs, parent conferences, and athletic events. A flexible calendar also has the potential to ease the burden of long commutes on students in rural areas and to lower absenteeism. School districts in several western states have operated on a four-day school week and report increased efficiencies, family support, and reduced absenteeism, with no negative impact on student learning. Small rural school districts in particular could benefit due to their high per-pupil costs for transportation and utilities. Therefore, the legislature intends to provide increased flexibility to a limited number of school districts to explore the potential value of operating on a flexible calendar, so long as adequate safeguards are put in place to prevent any negative impact on student learning." [2009 c 543 § 1.] 28A.305.190 28A.305.190 Eligibility to take GED test. The state board of education shall adopt rules governing the eligibility of a child sixteen years of age and under nineteen years of age to take the GED test if the child provides a substantial and warranted reason for leaving the regular high school education program, if the child was home-schooled, or if the child is an eligible student enrolled in a dropout reengagement program under RCW 28A.175.100 through 28A.175.110. [2010 c 20 § 6; 1993 c 218 § 1; 1991 c 116 § 5; 1973 c 51 § 2. Formerly RCW 28A.04.135.] Intent—2010 c 20: See note following RCW 28A.175.100. Waiver of fees or residency requirements at community colleges for students completing a high school education: RCW 28B.15.520. Additional notes found at www.leg.wa.gov 28A.305.215 28A.305.215 Essential academic learning requirements and grade level expectations—Revised standards and curricula for mathematics and science—Duties of the state board of education and the superintendent of public instruction—Revised graduation requirements. (1) The activities in this section revise and strengthen the state learnin g s ta n d a r d s th a t im p l e m e n t t he * g o a ls o f RC W 28A.150.210, known as the essential academic learning (2010 Ed.) 28A.305.215 requirements, and improve alignment of school district curriculum to the standards. (2) The state board of education shall be assisted in its work under subsections (3), (4), and (5) of this section by: (a) An expert national consultant in each of mathematics and science retained by the state board; and (b) the mathematics and science advisory panels created under RCW 28A.305.219, as appropriate, which shall provide review and formal comment on proposed recommendations to the superintendent of public instruction and the state board of education on new revised standards and curricula. (3) By September 30, 2007, the state board of education shall recommend to the superintendent of public instruction revised essential academic learning requirements and grade level expectations in mathematics. The recommendations shall be based on: (a) Considerations of clarity, rigor, content, depth, coherence from grade to grade, specificity, accessibility, and measurability; (b) Study of: (i) Standards used in countries whose students demonstrate high performance on the trends in international mathematics and science study and the programme for international student assessment; (ii) College readiness standards; (iii) The national council of teachers of mathematics focal points and the national assessment of educational progress content frameworks; and (iv) Standards used by three to five other states, including California, and the nation of Singapore; and (c) Consideration of information presented during public comment periods. (4)(a) By February 29, 2008, the superintendent of public instruction shall revise the essential academic learning requirements and the grade level expectations for mathematics and present the revised standards to the state board of education and the education committees of the senate and the house of representatives as required by RCW 28A.655.070(4). (b) The state board of education shall direct an expert national consultant in mathematics to: (i) Analyze the February 2008 version of the revised standards, including a comparison to exemplar standards previously reviewed under this section; (ii) Recommend specific language and content changes needed to finalize the revised standards; and (iii) Present findings and recommendations in a draft report to the state board of education. (c) By May 15, 2008, the state board of education shall review the consultant’s draft report, consult the mathematics advisory panel, hold a public hearing to receive comment, and direct any subsequent modifications to the consultant’s report. After the modifications are made, the state board of education shall forward the final report and recommendations to the superintendent of public instruction for implementation. (d) By July 1, 2008, the superintendent of public instruction shall revise the mathematics standards to conform precisely to and incorporate each of the recommendations of the state board of education under (c) of this subsection and submit the revisions to the state board of education. [Title 28A RCW—page 131] 28A.305.215 Title 28A RCW: Common School Provisions (e) By July 31, 2008, the state board of education shall either approve adoption by the superintendent of public instruction of the final revised standards as the essential academic learning requirements and grade level expectations for mathematics, or develop a plan for ensuring that the recommendations under (c) of this subsection are implemented so that final revised mathematics standards can be adopted by September 25, 2008. (5) By June 30, 2008, the state board of education shall recommend to the superintendent of public instruction revised essential academic learning requirements and grade level expectations in science. The recommendations shall be based on: (a) Considerations of clarity, rigor, content, depth, coherence from grade to grade, specificity, accessibility, and measurability; (b) Study of standards used by three to five other states and in countries whose students demonstrate high performance on the trends in international mathematics and science study and the programme for international student assessment; and (c) Consideration of information presented during public comment periods. (6) By December 1, 2008, the superintendent of public instruction shall revise the essential academic learning requirements and the grade level expectations for science and present the revised standards to the state board of education and the education committees of the senate and the house of representatives as required by RCW 28A.655.070(4). The superintendent shall adopt the revised essential academic learning requirements and grade level expectations unless otherwise directed by the legislature during the 2009 legislative session. (7)(a) Within six months after the standards under subsection (4) of this section are adopted, the superintendent of public instruction shall present to the state board of education recommendations for no more than three basic mathematics curricula each for elementary, middle, and high school grade spans. (b) Within two months after the presentation of the recommended curricula, the state board of education shall provide official comment and recommendations to the superintendent of public instruction regarding the recommended mathematics curricula. The superintendent of public instruction shall make any changes based on the comment and recommendations from the state board of education and adopt the recommended curricula. (c) By June 30, 2009, the superintendent of public instruction shall present to the state board of education recommendations for no more than three basic science curricula each for elementary and middle school grade spans and not more than three recommendations for each of the major high school courses within the following science domains: Earth and space science, physical science, and life science. (d) Within two months after the presentation of the recommended curricula, the state board of education shall provide official comment and recommendations to the superintendent of public instruction regarding the recommended science curricula. The superintendent of public instruction shall make any changes based on the comment and recommenda[Title 28A RCW—page 132] tions from the state board of education and adopt the recommended curricula. (e) In selecting the recommended curricula under this subsection (7), the superintendent of public instruction shall provide information to the mathematics and science advisory panels created under RCW 28A.305.219, as appropriate, and seek the advice of the appropriate panel regarding the curricula that shall be included in the recommendations. (f) The recommended curricula under this subsection (7) shall align with the revised essential academic learning requirements and grade level expectations. In addition to the recommended basic curricula, appropriate diagnostic and supplemental materials shall be identified as necessary to support each curricula. (g) Subject to funds appropriated for this purpose and availability of the curricula, at least one of the curricula in each grade span and in each of mathematics and science shall be available to schools and parents online at no cost to the school or parent. (8) By December 1, 2007, the state board of education shall revise the high school graduation requirements under RCW 28A.230.090 to include a minimum of three credits of mathematics, one of which may be a career and technical course equivalent in mathematics, and prescribe the mathematics content in the three required credits. (9) Nothing in this section requires a school district to use one of the recommended curricula under subsection (7) of this section. However, the statewide accountability plan adopted by the state board of education under RCW 28A.305.130 shall recommend conditions under which school districts should be required to use one of the recommended curricula. The plan shall also describe the conditions for exception to the curriculum requirement, such as the use of integrated academic and career and technical education curriculum. Required use of the recommended curricula as an intervention strategy must be authorized by the legislature as required by **RCW 28A.305.130(4)(e) before implementation. (10) The superintendent of public instruction shall conduct a comprehensive survey of the mathematics curricula being used by school districts at all grade levels and the textbook and curriculum purchasing cycle of the districts and report the results of the survey to the education committees of the legislature by November 15, 2008. [2009 c 310 § 5. Prior: 2008 c 274 § 2; 2008 c 172 § 2; 2007 c 396 § 1.] Reviser’s note: *(1) Reference to "goals" was deleted by 2009 c 548 § 101. **(2) RCW 28A.305.130 was amended by 2009 c 548 § 502, deleting subsection (4)(e). Effective date—2009 c 310 § 5: "Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 30, 2009]." [2009 c 310 § 6.] Intent—2008 c 172: "The legislature intends that the revised mathematics standards by the office of the superintendent of public instruction will set higher expectations for Washington’s students by fortifying content and increasing rigor; provide greater clarity, specificity, and measurability about what is expected of students in each grade; supply more explicit guidance to educators about what to teach and when; enhance the relevance of mathematics to students’ lives; and ultimately result in more Washington students having the opportunity to be successful in mathematics. Additionally, the revised mathematics standards should restructure the standards to make clear the importance of all aspects of mathematics: Mathematics content includ(2010 Ed.) State Board of Education ing the standard algorithms, conceptual understanding of the content, and the application of mathematical processes within the content." [2008 c 172 § 1.] Effective date—2008 c 172: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2008]." [2008 c 172 § 3.] Effective date—2007 c 396 §§ 1 and 2: "Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 9, 2007]." [2007 c 396 § 22.] Captions not law—2007 c 396: "Captions used in this act are not any part of the law." [2007 c 396 § 19.] Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.305.219 Mathematics advisory panel—Science advisory panel. (Expires June 30, 2012.) (1) The state board of education shall appoint a mathematics advisory panel and a science advisory panel to advise the board regarding essential academic learning requirements, grade level expectations, and recommended curricula in mathematics and science and to monitor implementation of these activities. In conducting their work, the panels shall provide objective reviews of materials and information provided by any expert national consultants retained by the board and shall provide a public and transparent forum for consideration of mathematics and science learning standards and curricula. (2) Each panel shall include no more than sixteen members with representation from individuals from academia in mathematics and science-related fields, individuals from business and industry in mathematics and science-related fields, mathematics and science educators, parents, and other individuals who could contribute to the work of the panel based on their experiences. (3) Each member of each panel shall be compensated in accordance with RCW 43.03.220 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. School districts shall be reimbursed for the cost of substitutes for the mathematics and science educators on the panels as required under RCW 28A.300.035. Members of the panels who are employed by a public institution of higher education shall be provided sufficient time away from their regular duties, without loss of benefits or privileges, to fulfill the responsibilities of being a panel member. (4) Panel members shall not have conflicts of interest with regard to association with any publisher, distributor, or provider of curriculum, assessment, or test materials and services purchased by or contracted through the office of the superintendent of public instruction, educational service districts, or school districts. (5) This section expires June 30, 2012. [2007 c 396 § 2.] 28A.305.219 Effective date—2007 c 396 §§ 1 and 2: See note following RCW 28A.305.215. Capti ons no t la w— 200 7 c 396: See no te fol lo win g RC W 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28A.305.900 Transfer of powers and duties—State board of education. (1) The state board of education as constituted prior to January 1, 2006, is hereby abolished and its powers, duties, and functions are hereby transferred to the state board of education as specified in chapter 497, Laws of 2005. All references to the director or the state board of edu28A.305.900 (2010 Ed.) 28A.305.900 cation as constituted prior to January 1, 2006, in the Revised Code of Washington shall be construed to mean the director or the state board of education as specified in chapter 497, Laws of 2005. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state board of education as constituted prior to January 1, 2006, shall be delivered to the custody of the state board of education as specified in chapter 497, Laws of 2005. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state board of education as constituted prior to January 1, 2006, shall be made available to the state board of education as specified in chapter 497, Laws of 2005. All funds, credits, or other assets held by the state board of education as constituted prior to January 1, 2006, shall be assigned to the state board of education as specified in chapter 497, Laws of 2005. (b) Any appropriations made to the state board of education as constituted prior to January 1, 2006, shall, on January 1, 2006, be transferred and credited to the state board of education as specified in chapter 497, Laws of 2005. (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All employees of the state board of education as constituted prior to January 1, 2006, are transferred to the jurisdiction of the state board of education as specified in chapter 497, Laws of 2005. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state board of education as specified in chapter 497, Laws of 2005 to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service. (4) All rules and all pending business before the state board of education as constituted prior to January 1, 2006, shall be continued and acted upon by the state board of education as specified in chapter 497, Laws of 2005. All existing contracts and obligations shall remain in full force and shall be performed by the state board of education as specified in chapter 497, Laws of 2005. (5) The transfer of the powers, duties, functions, and personnel of the state board of education as constituted prior to January 1, 2006, shall not affect the validity of any act performed before January 1, 2006. (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been [Title 28A RCW—page 133] 28A.305.901 Title 28A RCW: Common School Provisions modified by action of the personnel resources board as provided by law. [2005 c 497 § 301.] Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.305.901 Transfer of powers and duties—Academic achievement and accountability commission. (1) The academic achievement and accountability commission is hereby abolished and its powers, duties, and functions are hereby transferred to the state board of education. All references to the director or the academic achievement and accountability commission in the Revised Code of Washington shall be construed to mean the director or the state board of education. (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the academic achievement and accountability commission shall be delivered to the custody of the state board of education. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the academic achievement and accountability commission shall be made available to the state board of education. All funds, credits, or other assets held by the academic achievement and accountability commission shall be assigned to the state board of education. (b) Any appropriations made to the academic achievement and accountability commission shall, on July 1, 2005, be transferred and credited to the state board of education. (c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (3) All rules and all pending business before the academic achievement and accountability commission shall be continued and acted upon by the state board of education. All existing contracts and obligations shall remain in full force and shall be performed by the state board of education. (4) The transfer of the powers, duties, and functions of the academic achievement and accountability commission shall not affect the validity of any act performed before July 1, 2005. (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification. (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law. [2005 c 497 § 302.] 28A.305.901 Effective date—2005 c 497 §§ 104, 302, 402, and 406-408: See note following RCW 28A.305.130. 28A.305.902 Transfer of duties—Review and recommendation—2006 c 263. The legislature encourages the 28A.305.902 [Title 28A RCW—page 134] members of the new state board of education to review the transfer of duties from the state board to other entities made in chapter 263, Laws of 2006 and if any of the duties that were transferred away from the state board are necessary for the board to accomplish the purpose set out in chapter 263, Laws of 2006 then the state board shall come back to the legislature to request those necessary duties to be returned to the state board of education. The state board of education is encouraged to make such a request by January 15, 2007. [2006 c 263 § 101.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Chapter 28A.310 Chapter 28A.310 RCW EDUCATIONAL SERVICE DISTRICTS Sections 28A.310.010 Purpose. 28A.310.020 Changes in number of, boundaries—Initiating, hearings, considerations—Superintendent’s duties. 28A.310.030 ESD board—Membership—Board member district boundaries. 28A.310.040 ESD board—Members—Terms. 28A.310.050 ESD board—Members—Nine member boards. 28A.310.060 ESD board—Members—Terms—Vacancies. 28A.310.070 ESD board—Members—Restriction on other service. 28A.310.080 ESD board—Members—Elections, calling and notice. 28A.310.090 ESD board—Members—Elections—Declarations of candidacy. 28A.310.100 ESD board—Members—Elections—Certification. 28A.310.110 ESD board—Members—Elections, contest of. 28A.310.120 ESD board—Return to seven member board. 28A.310.130 ESD board—Vacation of board member position because of failure to attend meetings. 28A.310.140 School district to be entirely within single educational service district. 28A.310.150 ESD board—Members—Qualifications, oath, bond—Organization—Quorum. 28A.310.160 ESD board—Reimbursement of members for expenses. 28A.310.170 ESD superintendent—Appointment, procedure—Term, salary, discharge—ESD superintendent review committee. 28A.310.180 ESD board—Compliance with rules and regulations— Depository and distribution center—Cooperative service programs, joint purchasing programs, and direct student service programs including pupil transportation. 28A.310.190 ESD board—Teachers’ institutes, directors’ meetings— Cooperation with state supervisor—Certification of data. 28A.310.200 ESD board—Powers and duties—Rules. 28A.310.202 ESD board—Partnership with regional support network to operate a wraparound model site. 28A.310.210 ESD board—Payment of member expenses—Payment of dues into statewide association of board members, restrictions. 28A.310.220 ESD board—Delegation of powers and duties to superintendent. 28A.310.230 Assistant superintendents and other personnel—Appointment, salaries, duties. 28A.310.240 Employee leave policy required. 28A.310.250 Certificated employees of district—Contracts of employment—Nonrenewal of contracts—Notice. 28A.310.260 Certificated employees of district—Adverse change in contract status—Notice—Probable cause—Review—Appeal. 28A.310.270 ESD superintendent’s powers and duties—Chief executive officer. 28A.310.280 ESD superintendent’s powers and duties—Records and reports. 28A.310.290 ESD superintendent’s powers and duties—Oaths and affirmations. 28A.310.300 ESD superintendent’s powers and duties—Generally. 28A.310.310 Headquarters office—Official records—Transfers of records. 28A.310.320 ESD superintendents, employees—Travel expenses and subsistence—Advance payment. 28A.310.330 Budgeting procedures for districts. 28A.310.340 Identification of core services for budget purposes—Generally. (2010 Ed.) Educational Service Districts 28A.310.350 Identification of core services for budget purposes—Specific services listed. 28A.310.360 Identification of core services for budget purposes—Formula utilized for ESD’s biennial budget request. 28A.310.370 District budget—State funds, allocation of—District general expense fund—Created, deposits, expenditures. 28A.310.390 District budget request—Procedure for approval. 28A.310.400 Legal services. 28A.310.410 Ex officio treasurer of district. 28A.310.420 County or intermediate district superintendent and board employees to terminate or transfer employment—Benefits retained. 28A.310.430 Local school district superintendents to advise board and superintendent. 28A.310.440 ESD as self-insurer—Authority. 28A.310.460 Contracts to lease building space and portable buildings and lease or have maintained security systems, computers and other equipment. 28A.310.470 Delegation to ESD of SPI program, project or service—Contract. 28A.310.480 Delegation to ESD of state board of education program, project or service—Contract. 28A.310.490 ESD employee attendance incentive program—Remuneration or benefit plan for unused sick leave. Chapter not to apply to certain materials printed in educational service district: RCW 82.04.600. Interlocal cooperation act: Chapter 39.34 RCW. Redistricting by local governments and municipal corporations—Census information for—Plan, prepared when, criteria for, hearing on, request for review of, certification, remand—Sanctions when review request frivolous: RCW 29A.76.010. Regional educational technology support centers—Advisory councils: See RCW 28A.650.020. 28A.310.010 Purpose. It shall be the intent and purpose of this chapter to establish educational service districts as regional agencies which are intended to: (1) Provide cooperative and informational services to local school districts; (2) Assist the superintendent of public instruction and the state board of education in the performance of their respective statutory or constitutional duties; and (3) Provide services to school districts and to the Washington state center for childhood deafness and hearing loss and the school for the blind to assure equal educational opportunities. [2009 c 381 § 25; 1988 c 65 § 1; 1977 ex.s. c 283 § 1; 1975 1st ex.s. c 275 § 1; 1971 ex.s. c 282 § 1; 1969 ex.s. c 176 § 1. Formerly RCW 28A.21.010, 28.19.500.] 28A.310.010 Findings—Intent—2009 c 381: See note following RCW 72.40.015. Additional notes found at www.leg.wa.gov 28A.310.020 Changes in number of, boundaries— Initiating, hearings, considerations—Superintendent’s duties. The state board of education upon its own initiative, or upon petition of any educational service district board, or upon petition of at least half of the district superintendents within an educational service district, or upon request of the superintendent of public instruction, may make changes in the number and boundaries of the educational service districts, including an equitable adjustment and transfer of any and all property, assets, and liabilities among the educational service districts whose boundaries and duties and responsibilities are increased and/ or decreased by such changes, consistent with the purposes of RCW 28A.310.010: PROVIDED, That no reduction in the number of educational service districts will take effect after June 30, 1995, without a majority approval vote by the affected school directors voting in such election by mail ballot. Prior to making any such changes, the 28A.310.020 (2010 Ed.) 28A.310.030 state board shall hold at least one public hearing on such proposed action and shall consider any recommendations on such proposed action. The state board in making any change in boundaries shall give consideration to, but not be limited by, the following factors: Size, population, topography, and climate of the proposed district. The superintendent of public instruction shall furnish personnel, material, supplies, and information necessary to enable educational service district boards and superintendents to consider the proposed changes. [1994 sp.s. c 6 § 513; 1993 sp.s. c 24 § 522; 1990 c 33 § 270; 1977 ex.s. c 283 § 2; 1971 ex.s. c 282 § 2; 1969 ex.s. c 176 § 2. Formerly RCW 28A.21.020, 28.19.505.] Additional notes found at www.leg.wa.gov 28A.310.030 28A.310.030 ESD board—Membership—Board member district boundaries. Except as otherwise provided in this chapter, in each educational service district there shall be an educational service district board consisting of seven members elected by the school directors of the educational service district, one from each of seven educational service district board-member districts. Board-member districts in districts reorganized under RCW 28A.310.020, or as provided for in RCW 28A.310.120 and under this section, shall be initially determined by the state board of education. If a reorganization pursuant to RCW 28A.310.020 places the residence of a board member into another or newly created educational service district, such member shall serve on the board of the educational service district of residence and at the next election called by the superintendent of public instruction pursuant to RCW 28A.310.080 a new seven member board shall be elected. If the redrawing of board-member district boundaries pursuant to this chapter shall cause the resident board-member district of two or more board members to coincide, such board members shall continue to serve on the board and at the next election called by the superintendent of public instruction a new board shall be elected. The board-member districts shall be arranged so far as practicable on a basis of equal population, with consideration being given existing board members of existing educational service district boards. Each educational service district board member shall be elected by the school directors of each school district within the educational service district. Beginning in 1971 and every ten years thereafter, educational service district boards shall review and, if necessary, shall change the boundaries of board-member districts so as to provide so far as practicable equal representation according to population of such board-member districts and to conform to school district boundary changes: PROVIDED, That all board-member district boundaries, to the extent necessary to conform with this chapter, shall be immediately redrawn for the purposes of the next election called by the superintendent of public instruction following any reorganization pursuant to this chapter. Such district board, if failing to make the necessary changes prior to June 1st of the appropriate year, shall refer for settlement questions on board-member district boundaries to the office of the superintendent of public instruction, which, after a public hearing, shall decide such questions. [2006 c 263 § 603; 1990 c 33 § 271; 1977 ex.s. c 283 § 14; 1975 1st ex.s. c [Title 28A RCW—page 135] 28A.310.040 Title 28A RCW: Common School Provisions 275 § 3; 1974 ex.s. c 75 § 1; 1971 ex.s. c 282 § 3; 1969 ex.s. c 176 § 3. Formerly RCW 28A.21.030, 28.19.510.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. City, town, and district general elections—Exceptions—Special elections: RCW 29A.04.330. school district or as a member of a board of directors of a common school district or as a member of the state board of education and as a member of an educational service district board at the same time. [1975 1st ex.s. c 275 § 8; 1974 ex.s. c 75 § 7. Formerly RCW 28A.21.0306.] Additional notes found at www.leg.wa.gov Additional notes found at www.leg.wa.gov 28A.310.080 ESD board—Members—Elections, calling and notice. Not later than the twenty-fifth day of August of every odd-numbered year, the superintendent of public instruction shall call an election to be held in each educational service district within which resides a member of the board of the educational service district whose term of office expires on the second Monday of January next following, and shall give written notice thereof to each member of the board of directors of each school district in such educational service district. Such notice shall include instructions and rules established by the superintendent of public instruction for the conduct of the election. [2007 c 460 § 1; 2006 c 263 § 602; 1977 ex.s. c 283 § 15. Formerly RCW 28A.21.031.] 28A.310.080 28A.310.040 ESD board—Members—Terms. The term of office for each board member shall be four years and until a successor is duly elected and qualified. For the first election or an election following reorganization, board-member district positions numbered one, three, five, and seven in each educational service district shall be for a term of four years and positions numbered two, four, and six shall be for a term of two years. [1975 1st ex.s. c 275 § 5; 1974 ex.s. c 75 § 4. Formerly RCW 28A.21.0303.] 28A.310.040 Additional notes found at www.leg.wa.gov 28A.310.050 ESD board—Members—Nine member boards. Any educational service district board may elect by resolution of the board to increase the board member size to nine board members. In such case positions number eight and nine shall be filled at the next election called by the superintendent of public instruction, position numbered eight to be for a term of two years, position numbered nine to be for a term of four years. Thereafter the terms for such positions shall be for four years. [2006 c 263 § 604; 1977 ex.s. c 283 § 19; 1975 1st ex.s. c 275 § 6; 1974 ex.s. c 75 § 5. Formerly RCW 28A.21.0304.] 28A.310.050 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.060 ESD board—Members—Terms— Vacancies. The term of every educational service district board member shall begin on the second Monday in January next following the election at which he or she was elected: PROVIDED, That a person elected to less than a full term pursuant to this section shall take office as soon as the election returns have been certified and he or she has qualified. In the event of a vacancy in the board from any cause, such vacancy shall be filled by appointment of a person from the same board-member district by the educational service district board. In the event that there are more than three vacancies in a seven-member board or four vacancies in a ninemember board, the superintendent of public instruction shall fill by appointment sufficient vacancies so that there shall be a quorum of the board serving. Each appointed board member shall serve until his or her successor has been elected at the next election called by the superintendent of public instruction and has qualified. [2006 c 263 § 605; 1977 ex.s. c 283 § 20; 1975 1st ex.s. c 275 § 7; 1974 ex.s. c 75 § 6. Formerly RCW 28A.21.0305.] 28A.310.060 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.070 ESD board—Members—Restriction on other service. No person shall serve as an employee of a 28A.310.070 [Title 28A RCW—page 136] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.090 ESD board—Members—Elections— Declarations of candidacy. Candidates for membership on an educational service district board shall file declarations of candidacy with the superintendent of public instruction on forms prepared by the superintendent. Declarations of candidacy may be filed by person or by mail not earlier than the first day of September, nor later than the sixteenth day of September. The superintendent may not accept any declaration of candidacy that is not on file in his or her office or is not postmarked before the seventeenth day of September. [2006 c 263 § 606; 1977 ex.s. c 283 § 16. Formerly RCW 28A.21.032.] 28A.310.090 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.100 ESD board—Members—Elections— Certification. Each member of an educational service district board shall be elected by a majority of the votes cast at the election for all candidates for the position. All votes shall be cast by mail addressed to the superintendent of public instruction and no votes shall be accepted for counting if postmarked after the sixteenth day of October or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of October following the call of the election. The superintendent of public instruction and an election board comprised of three persons appointed by the superintendent shall count and tally the votes not later than the twenty-fifth day of October in the following manner: Each vote cast by a school director shall be accorded as one vote. If no candidate receives a majority of the votes cast, then, not later than the first day of November, the superintendent of public instruction shall call a second election to be conducted in the same manner and at which the candidates shall be the two candidates receiving the highest number of votes cast. No vote cast at such second election shall be 28A.310.100 (2010 Ed.) Educational Service Districts received for counting if postmarked after the sixteenth day of November or if not postmarked or the postmark is not legible, if received by mail after the twenty-first day of November and the votes shall be counted as hereinabove provided on the twenty-fifth day of November. The candidate receiving a majority of votes at any such second election shall be declared elected. In the event of a tie in such second election, the candidate elected shall be determined by a chance drawing of a nature established by the superintendent of public instruction. Within ten days following the count of votes in an election at which a member of an educational service district board is elected, the superintendent of public instruction shall certify to the county auditor of the headquarters county of the educational service district the name or names of the persons elected to be members of the educational service district board. [2006 c 263 § 607; 1980 c 179 § 7; 1977 ex.s. c 283 § 17. Formerly RCW 28A.21.033.] 28A.310.170 28A.310.140 School district to be entirely within single educational service district. Every school district must be included entirely within a single educational service district. If the boundaries of any school district within an educational service district are changed in any manner so as to extend the school district beyond the boundaries of that educational service district, the superintendent of public instruction shall change the boundaries of the educational service districts so affected in a manner consistent with the purposes of RCW 28A.310.010 and this section. [2006 c 263 § 608; 1990 c 33 § 274; 1975 1st ex.s. c 275 § 11; 1971 ex.s. c 282 § 6; 1969 ex.s. c 176 § 4. Formerly RCW 28A.21.040, 28.19.515.] 28A.310.140 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.150 ESD board—Members—Qualifications, oath, bond—Organization—Quorum. Every candidate for membership on a educational service district board shall be a registered voter and a resident of the board-member district for which such candidate files. On or before the date for taking office, every member shall make an oath or affirmation to support the Constitution of the United States and the state of Washington and to faithfully discharge the duties of the office according to the best of such member’s ability. The members of the board shall not be required to give bond unless so directed by the superintendent of public instruction. At the first meeting of newly elected members and after the qualification for office of the newly elected members, each educational service district board shall reorganize by electing a chair and a vice chair. A majority of all of the members of the board shall constitute a quorum. [2006 c 263 § 609; 1990 c 33 § 275; 1977 ex.s. c 283 § 22; 1975 1st ex.s. c 275 § 12; 1971 ex.s. c 282 § 7; 1969 ex.s. c 176 § 5. Formerly RCW 28A.21.050, 28.19.520.] 28A.310.150 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.110 ESD board—Members—Elections, contest of. Any common school district board member eligible to vote for a candidate for membership on an educational service district or any candidate for the position, within ten days after the secretary to the state board of education’s certification of election, may contest the election of the candidate pursuant to chapter 29A.68 RCW. [2005 c 497 § 404; 1990 c 33 § 272; 1977 ex.s. c 283 § 18. Formerly RCW 28A.21.034.] 28A.310.110 Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Additional notes found at www.leg.wa.gov 28A.310.120 ESD board—Return to seven member board. Any educational service district board which elects under RCW 28A.310.050 to increase the size of the educational service district board from seven to nine members, after at least four years, may elect by resolution of the board to return to a membership of seven educational service board members. In such case, at the next election a new board consisting of seven educational service board members shall be elected in accordance with the provisions of this chapter. [1990 c 33 § 273; 1977 ex.s. c 283 § 21; 1975 1st ex.s. c 275 § 9; 1974 ex.s. c 75 § 8; 1971 ex.s. c 282 § 4. Formerly RCW 28A.21.035.] 28A.310.120 Additional notes found at www.leg.wa.gov 28A.310.130 ESD board—Vacation of board member position because of failure to attend meetings. Absence of any educational service district board member from four consecutive regular meetings of the board, unless excused on account of sickness or otherwise authorized by resolution of the board, shall be sufficient cause for the members of the educational service district board to declare by resolution that such board member position is vacated. [1975 1st ex.s. c 275 § 10; 1971 ex.s. c 282 § 5. Formerly RCW 28A.21.037.] 28A.310.130 Additional notes found at www.leg.wa.gov (2010 Ed.) Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.160 ESD board—Reimbursement of members for expenses. The actual expenses of educational service board members in going to, returning from and attending meetings called or held pursuant to district business or while otherwise engaged in the performance of their duties under this chapter shall be paid; all such claims shall be approved by the educational service district board and paid from the budget of the educational service district. [1977 ex.s. c 283 § 3; 1975-’76 2nd ex.s. c 34 § 68; 1975 1st ex.s. c 275 § 13; 1971 ex.s. c 282 § 8; 1969 ex.s. c 176 § 6. Formerly RCW 28A.21.060, 28.19.525.] 28A.310.160 Additional notes found at www.leg.wa.gov 28A.310.170 ESD superintendent—Appointment, procedure—Term, salary, discharge—ESD superintendent review committee. (1) Every educational service district board shall employ and set the salary of an educational service district superintendent who shall be employed by a written contract for a term to be fixed by the board, but not to exceed three years, and who may be discharged for sufficient cause. 28A.310.170 [Title 28A RCW—page 137] 28A.310.180 Title 28A RCW: Common School Provisions (2) There is hereby established within each educational service district an educational service district superintendent review committee. Such review committee shall be composed of a subcommittee of the board, two school district superintendents from within the educational service district selected by the educational service district board, and a representative of the state superintendent of public instruction selected by the state superintendent of public instruction. (3) Prior to the employment by the educational service district board of a new educational service district superintendent, the review committee shall screen all applicants against the established qualifications for the position and recommend to the board a list of three or more candidates. The educational service district board shall either select the new superintendent from the list of three or more candidates, ask the review committee to add additional names to the list, or reject the entire list and ask the review committee to submit three or more additional candidates for consideration. The educational service district board shall repeat this process until a superintendent is selected. [2001 c 182 § 1; 1985 c 341 § 7; 1977 ex.s. c 283 § 4. Formerly RCW 28A.21.071.] Additional notes found at www.leg.wa.gov 28A.310.180 ESD board—Compliance with rules and regulations—Depository and distribution center— Cooperative service programs, joint purchasing programs, and direct student service programs including pupil transportation. In addition to other powers and duties as provided by law, every educational service district board shall: (1) Comply with rules or regulations of the state board of education and the superintendent of public instruction. (2) If the district board deems necessary, establish and operate for the schools within the boundaries of the educational service district a depository and distribution center for films, tapes, charts, maps, and other instructional material as recommended by the school district superintendents within the service area of the educational service district: PROVIDED, That the district may also provide the services of the depository and distribution center to private schools within the district so long as such private schools pay such fees that reflect actual costs for services and the use of instructional materials as may be established by the educational service district board. (3) Establish cooperative service programs for school districts within the educational service district and joint purchasing programs for schools within the educational service district pursuant to RCW 28A.320.080(3): PROVIDED, That on matters relating to cooperative service programs the board and superintendent of the educational service district shall seek the prior advice of the superintendents of local school districts within the educational service district. (4) Establish direct student service programs for school districts within the educational service district including pupil transportation. However, for the provision of statefunded pupil transportation for special education cooperatives programs for special education conducted under RCW 28A.155.010 through 28A.155.100, the educational service district, with the consent of the participating school districts, shall be entitled to receive directly state apportionment funds 28A.310.180 [Title 28A RCW—page 138] for that purpose: PROVIDED, That the board of directors and superintendent of a local school district request the educational service district to perform said service or services: PROVIDED FURTHER, That the educational service district board of directors and superintendents agree to provide the requested services: PROVIDED, FURTHER, That the provisions of chapter 39.34 RCW are strictly adhered to: PROVIDED FURTHER, That the educational service district board of directors may contract with the Washington state center for childhood deafness and hearing loss and the school for the blind to provide transportation services or other services necessary for the regional delivery of educational services for children who are deaf or hearing impaired. [2009 c 381 § 26; 1990 c 33 § 276; 1988 c 65 § 2; 1987 c 508 § 3; 1982 c 46 § 1; 1979 ex.s. c 66 § 1; 1975 1st ex.s. c 275 § 16; 1971 ex.s. c 282 § 11. Formerly RCW 28A.21.086.] Findings—Intent—2009 c 381: See note following RCW 72.40.015. Additional notes found at www.leg.wa.gov 28A.310.190 ESD board—Teachers’ institutes, directors’ meetings—Cooperation with state supervisor—Certification of data. In addition to other powers and duties as provided by law, every educational service district board shall: (1) If the district board deems necessary, hold each year one or more teachers’ institutes as provided for in RCW 28A.415.010 and one or more school directors’ meetings. (2) Cooperate with the state supervisor of special aid for children with disabilities as provided in RCW 28A.155.010 through 28A.155.100. (3) Certify statistical data as basis for apportionment purposes to county and state officials as provided in chapter 28A.545 RCW. (4) Perform such other duties as may be prescribed by law or rule of the state board of education and/or the superintendent of pu blic instruction as pro vid ed in RCW 28A.300.030 and *28A.305.210. [1995 c 77 § 20; 1990 c 33 § 277; 1983 c 56 § 2; 1981 c 103 § 2; 1975 1st ex.s. c 275 § 17; 1971 ex.s. c 282 § 12. Formerly RCW 28A.21.088.] 28A.310.190 *Reviser’s note: RCW 28A.305.210 expired July 1, 2007. Additional notes found at www.leg.wa.gov 28A.310.200 ESD board—Powers and duties— Rules. In addition to other powers and duties as provided by law, every educational service district board shall: (1) Approve the budgets of the educational service district in accordance with the procedures provided for in this chapter; (2) Meet regularly according to the schedule adopted at the organization meeting and in special session upon the call of the chair or a majority of the board; (3) Approve the selection of educational service district p e r s o n n e l a n d c l e r ic a l s t a f f a s p r o v i d e d i n R C W 28A.310.230; (4) Fix the amount of and approve the bonds for those educational service district employees designated by the board as being in need of bonding; (5) Keep in the educational service district office a full and correct transcript of the boundaries of each school district within the educational service district; 28A.310.200 (2010 Ed.) Educational Service Districts (6) Acquire by borrowing funds or by purchase, lease, devise, bequest, and gift and otherwise contract for real and personal property necessary for the operation of the educational service district and to the execution of the duties of the board and superintendent thereof and sell, lease, or otherwise dispose of that property not necessary for district purposes. No real property shall be acquired or alienated without the prior approval of the superintendent of public instruction and the acquisition or alienation of all such property shall be subject to such provisions as the superintendent may establish. When borrowing funds for the purpose of acquiring property, the educational service district board shall pledge as collateral the property to be acquired. Borrowing shall be evidenced by a note or other instrument between the district and the lender; (7) Under RCW 28A.310.010, upon the written request of the board of directors of a local school district or districts served by the educational service district, the educational service district board of directors may provide cooperative and informational services not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that support the education of preschool through twelfth grade students in the public schools or that support the effective, efficient, or safe management and operation of the school district or districts served by the educational service district; (8) Adopt such bylaws and rules for its own operation as it deems necessary or appropriate; and (9) Enter into contracts, including contracts with common and educational service districts and the Washington state center for childhood deafness and hearing loss and the school for the blind for the joint financing of cooperative service programs conducted pursuant to RCW 28A.310.180(3), and employ consultants and legal counsel relating to any of the duties, functions, and powers of the educational service districts. [2009 c 381 § 27; 2006 c 263 § 610; 2001 c 143 § 1; 1993 c 298 § 1. Prior: 1990 c 159 § 1; 1990 c 33 § 278; 1988 c 65 § 3; 1983 c 56 § 3; 1975 1st ex.s. c 275 § 18; 1971 ex.s. c 282 § 13; 1971 c 53 § 1; 1969 ex.s. c 176 § 9. Formerly RCW 28A.21.090, 28.19.540.] Findings—Intent—2009 c 381: See note following RCW 72.40.015. Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.202 28A.310.202 ESD board—Partnership with regional support network to operate a wraparound model site. Educational service district boards may partner with regional support networks to respond to a request for proposal for operation of a wraparound model site under chapter 359, Laws of 2007 and, if selected, may contract for the provision of services to coordinate care and facilitate the delivery of services and other supports under a wraparound model. [2007 c 359 § 9.] Captions not law—2007 c 359: See note following RCW 71.36.005. 28A.310.210 28A.310.210 ESD board—Payment of member expenses—Payment of dues into statewide association of board members, restrictions. In addition to other powers (2010 Ed.) 28A.310.240 and duties prescribed by law every educational service district board shall be authorized to: (1) Pay the expenses of its members in accordance with law for attendance at statewide meetings of educational service district board members. (2) Pay dues from educational service district funds in an amount not to exceed one hundred dollars per board member per year for membership in a statewide association of educational service district board members: PROVIDED, That dues to such an association shall not be paid unless the formation of such an association, including its constitution and bylaws, is approved by a resolution passed by at least twothirds of the educational service district boards within the state: PROVIDED FURTHER, That such association if formed shall not employ any staff but shall contract either with the Washington state school directors’ association or with the superintendent of public instruction for staff and informational services. [1975 1st ex.s. c 275 § 19; 1971 ex.s. c 282 § 14. Formerly RCW 28A.21.092.] Additional notes found at www.leg.wa.gov 28A.310.220 ESD board—Delegation of powers and duties to superintendent. Each educational service district board, by written order filed in the headquarters office, may delegate to the educational service district superintendent any of the powers and duties vested in or imposed upon the board by law or rule or regulation of the state board of education and/or the superintendent of public instruction. Such delegated powers and duties shall not be in conflict with rules or regulations of the superintendent of public instruction or the state board of education and may be exercised by the educational service district superintendent in the name of the board. [1975 1st ex.s. c 275 § 20; 1974 ex.s. c 75 § 9; 1971 ex.s. c 282 § 15. Formerly RCW 28A.21.095.] 28A.310.220 Additional notes found at www.leg.wa.gov 28A.310.230 Assistant superintendents and other personnel—Appointment, salaries, duties. The educational service district superintendent may appoint with the consent of the educational service district board assistant superintendents and such other professional personnel and clerical help as may be necessary to perform the work of the office at such salaries as may be determined by the educational service district board and shall pay such salaries out of the budget of the district. In the absence of the educational service district superintendent a designated assistant superintendent shall perform the duties of the office. The educational service district superintendent shall have the authority to appoint on an acting basis an assistant superintendent to perform any of the duties of the office. [1975 1st ex.s. c 275 § 21; 1974 ex.s. c 75 § 10; 1971 ex.s. c 282 § 16; 1969 ex.s. c 176 § 10. Formerly RCW 28A.21.100, 28.19.545.] 28A.310.230 Job sharing: RCW 28A.405.070. Additional notes found at www.leg.wa.gov 28A.310.240 Employee leave policy required. (1) Every educational service district board shall adopt written policies granting leaves to persons under contracts of employment with the district in positions requiring either certification or classified qualifications, including but not lim28A.310.240 [Title 28A RCW—page 139] 28A.310.250 Title 28A RCW: Common School Provisions ited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement, and emergencies for both certificated and classified employees, with such compensation as the board prescribes. The board shall adopt written policies granting annual leave with compensation for illness, injury, and emergencies as follows: (a) For persons under contract with the district for a full fiscal year, at least ten days; (b) For persons under contract with the district as parttime employees, at least that portion of ten days as the total number of days contracted for bears to one hundred eighty days; (c) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed twelve days per fiscal year. Provisions of any contract in force on July 23, 1989, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection; (d) Compensation for leave for illness or injury actually taken shall be the same as the compensation the person would have received had the person not taken the leave provided in this section; (e) Leave provided in this section not taken shall accumulate from fiscal year to fiscal year up to a maximum of one hundred eighty days for the purposes of RCW 28A.310.490, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one fiscal year. Such accumulated time may be taken at any time during the fiscal year, or up to twelve days per year may be used for the purpose of payments for unused sick leave; and (f) Accumulated leave under this section shall be transferred to educational service districts, school districts, the office of the superintendent of public instruction, the state school for the blind, the *school for the deaf, institutions of higher education, and community and technical colleges, and from any such district, school, or office to another such district, school, office, institution of higher education, or community or technical college. An intervening customary summer break in employment or the performance of employment duties shall not preclude such a transfer. (2) Leave accumulated by a person in a district prior to leaving the district may, under rules of the board, be granted to the person when the person returns to the employment of the district. (3) Leave for illness or injury accumulated before July 23, 1989, under the administrative practices of an educational service district, and such leave transferred before July 23, 1989, to or from an educational service district, school district, or the office of the superintendent of public instruction under the administrative practices of the district or office, is declared valid and shall be added to such leave for illness or injury accumulated after July 23, 1989. [2009 c 47 § 1; 2008 c 174 § 1; 1997 c 13 § 6; 1990 c 33 § 279; 1989 c 208 § 1. Formerly RCW 28A.21.102.] [Title 28A RCW—page 140] *Reviser’s note: References to the "state school for the deaf" must be construed as references to the "Washington state center for childhood deafness and hearing loss," pursuant to 2009 c 381 § 11. 28A.310.250 Certificated employees of district— Contracts of employment—Nonrenewal of contracts— Notice. No certificated employee of an educational service district shall be employed as such except by written contract, which shall be in conformity with the laws of this state. Every such contract shall be made in duplicate, one copy of which shall be retained by the educational service district superintendent and the other shall be delivered to the employee. Every educational service district superintendent or board determining that there is probable cause or causes that the employment contract of a certificated employee thereof is not to be renewed for the next ensuing term shall be notified in writing on or before May 15th preceding the commencement of such term of that determination or if the omnibus appropriations act has not passed the legislature by May 15th, then notification shall be no later than June 15th, which notification shall specify the cause or causes for nonrenewal of contract. Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. The procedure and standards for the review of the decision of the hearing officer, superintendent or board and appeal therefrom shall be as prescribed for nonrenewal cases of teachers in RCW 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010. Appeals may be filed in the superior court of any county in the educational service district. [2009 c 57 § 4; 1996 c 201 § 4; 1990 c 33 § 280; 1977 ex.s. c 283 § 7; 1975 1st ex.s. c 275 § 22; 1974 ex.s. c 75 § 11; 1971 c 48 § 6; 1969 ex.s. c 34 § 19. Formerly RCW 28A.21.105.] 28A.310.250 Effective date—2009 c 57: See note following RCW 28A.405.210. Additional notes found at www.leg.wa.gov 28A.310.260 Certificated employees of district— Adverse change in contract status—Notice—Probable cause—Review—Appeal. Every educational service district superintendent or board determining that there is probable cause or causes for a certificated employee or superintendent, hereinafter referred to as employee, of that educational service district to be discharged or otherwise adversely affected in his or her contract status shall notify such employee in writing of its decision, which notice shall specify the cause or causes for such action. Such notice shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. The procedure and standards for review of the decision of the superintendent or board and appeal therefrom shall be as prescribed in discharge cases of teachers in RCW 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010. The board and the educational service district superintendent, respectively, shall have the duties of the boards of directors and superintendents of school districts in RCW 28A.405.210, 28A.405.300 through 28A.405.380, and 28A.645.010. Appeals may be filed in the 28A.310.260 (2010 Ed.) Educational Service Districts superior court of any county in the educational service district. [1990 c 33 § 281; 1977 ex.s. c 283 § 8; 1975 1st ex.s. c 275 § 23; 1974 ex.s. c 75 § 12; 1971 c 48 § 7; 1969 ex.s. c 34 § 20. Formerly RCW 28A.21.106.] Additional notes found at www.leg.wa.gov 28A.310.270 ESD superintendent’s powers and duties—Chief executive officer. In addition to other powers and duties as provided by law, each educational service district superintendent shall: (1) Serve as chief executive officer of the educational service district and secretary of the educational service district board. (2) Visit the schools in the educational service district, counsel with directors and staff, and assist in every possible way to advance the educational interest in the educational service district. [1975 1st ex.s. c 275 § 24; 1974 ex.s. c 75 § 13; 1972 ex.s. c 3 § 1; 1971 ex.s. c 282 § 17; 1969 ex.s. c 176 § 11. Formerly RCW 28A.21.110, 28.19.550.] 28A.310.270 Additional notes found at www.leg.wa.gov 28A.310.280 ESD superintendent’s powers and duties—Records and reports. In addition to other powers and duties as provided by law, each educational service district superintendent shall: (1) Perform such record keeping, including such annual reports as may be required, and liaison and informational services to local school districts and the superintendent of public instruction as required by rule or regulation of the superintendent of public instruction or state board of education: PROVIDED, That the superintendent of public instruction and the state board of education may require some or all of the school districts to report information directly when such reporting procedures are deemed desirable or feasible. (2) Keep records of official acts of the educational service district board and superintendents in accordance with *RCW 28A.21.120, as now or hereafter amended. (3) Preserve carefully all reports of school officers and teachers and deliver to the successor of the office all records, books, documents, and papers belonging to the office either personally or through a personal representative, taking a receipt for the same, which shall be filed in the office of the county auditor in the county where the office is located. [1975 1st ex.s. c 275 § 25; 1974 ex.s. c 75 § 14. Formerly RCW 28A.21.111.] 28A.310.280 *Reviser’s note: RCW 28A.21.120 was recodified as RCW 28A.310.310 pursuant to 1990 c 33 § 4. Additional notes found at www.leg.wa.gov 28A.310.290 ESD superintendent’s powers and duties—Oaths and affirmations. In addition to other powers and duties as provided by law, each educational service district superintendent shall: (1) Administer oaths and affirmations to school directors, teachers, and other persons on official matters connected with or relating to schools, when appropriate, but not make or collect any charge or fee for so doing. (2) Require the oath of office of all school district officers be filed as provided in *RCW 28A.315.500 and furnish a directory of all such officers to the county auditor and to the 28A.310.290 (2010 Ed.) 28A.310.320 county treasurer of the county in which the school district is located as soon as such information can be obtained after the election or appointment of such officers is determined and their oaths placed on file. [1990 c 33 § 282; 1975 1st ex.s. c 275 § 26; 1974 ex.s. c 75 § 15. Formerly RCW 28A.21.112.] *Reviser’s note: RCW 28A.315.500 was recodified as RCW 28A.343.360 pursuant to 1999 c 315 § 804. Additional notes found at www.leg.wa.gov 28A.310.300 ESD superintendent’s powers and duties—Generally. In addition to other powers and duties as provided by law, each educational service district superintendent shall: (1) Assist the school districts in preparation of their budgets as provided in chapter 28A.505 RCW. (2) Enforce the provisions of the compulsory attendance law as provided in RCW 28A.225.010 through 28A.225.140, 28A.200.010, and 28A.200.020. (3) Perform duties relating to capital fund aid by nonhigh districts as provided in chapter 28A.540 RCW. (4) Carry out the duties and issue orders creating new school districts and transfers of territory as provided in chapter 28A.315 RCW. (5) Perform the limited duties as provided in chapter 28A.193 RCW. (6) Perform all other duties prescribed by law and the educational service district board. [1998 c 244 § 13; 1990 c 33 § 283; 1975 1st ex.s. c 275 § 27; 1974 ex.s. c 75 § 16. Formerly RCW 28A.21.113.] 28A.310.300 Additional notes found at www.leg.wa.gov 2 8 A. 3 10 . 3 1 0 H e a d qu ar te r s of f i c e —O f f ic ia l records—Transfers of records. The educational service district board shall designate the headquarters office of the educational service district. Educational service districts shall provide for their own office space, heating, contents insurance, electricity, and custodial services, which may be obtained through contracting with any board of county commissioners. Official records of the educational service district board and superintendent, including each of the county superintendents abolished by chapter 176, Laws of 1969 ex. sess., shall be kept by the educational service district superintendent. Whenever the boundaries of any of the educational service districts are reorganized pursuant to RCW 28A.310.020, the superintendent of public instruction shall supervise the transferral of such records so that each educational service district superintendent shall receive those records relating to school districts within the appropriate educational service district. [2006 c 263 § 611; 1990 c 33 § 284; 1985 c 341 § 8; 1975 1st ex.s. c 275 § 28; 1974 ex.s. c 75 § 17; 1971 ex.s. c 282 § 18; 1969 ex.s. c 176 § 12. Formerly RCW 28A.21.120, 28.19.555.] 28A.310.310 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.310.320 ESD superintendents, employees— Travel expenses and subsistence—Advance payment. For all actual and necessary travel in the performance of official duties and while in attendance upon meetings and confer28A.310.320 [Title 28A RCW—page 141] 28A.310.330 Title 28A RCW: Common School Provisions ences, each educational service district superintendent and employee shall be reimbursed for their travel expenses in the amounts provided in RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. All claims shall be approved by the educational service district board and paid from the funds budgeted by the district. Each educational service district superintendent and employee may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1975-’76 2nd ex.s. c 34 § 69; 1975 1st ex.s. c 275 § 29; 1971 ex.s. c 282 § 19; 1969 ex.s. c 176 § 13. Formerly RCW 28A.21.130, 28.19.560.] Additional notes found at www.leg.wa.gov 28A.310.330 Budgeting procedures for districts. The superintendent of public instruction by rule and regulation shall adopt budgeting procedures for educational service districts modeled after the statutory procedures for school districts as provided in chapter 28A.505 RCW and in accordan c e with RC W 2 8A.31 0 .3 40 , 2 8 A.3 10 . 35 0, a nd 28A.310.360. [1990 c 33 § 285; 1977 ex.s. c 283 § 12; 1975 1st ex.s. c 275 § 30; 1971 ex.s. c 282 § 20. Formerly RCW 28A.21.135.] 28A.310.330 Additional notes found at www.leg.wa.gov 28A.310.340 Identification of core services for budget purposes—Generally. It is the intent of the legislature that a basic core of uniform services be provided by educational service districts and be identified in statute so that biennial budget requests for educational service districts may be based upon measurable goals and needs. Educational service districts as noted in RCW 28A.310.010, are intended primarily to: (1) Provide cooperative and informational services to local districts and to perform functions for those districts when such functions are more effectively or economically administered from the regional level; (2) Assist the state educational agencies, office of superintendent of public instruction and the state board of education in the legal performance of their duties; and (3) Assist in providing pupils with equal educational opportunities. The purpose of RCW 28A.310.350 and 28A.310.360 is to further identify those core services in order to prepare educational service district budgets for the 1979-81 biennium, and those bienniums beyond. [1990 c 33 § 286; 1977 ex.s. c 283 § 9. Formerly RCW 28A.21.136.] 28A.310.340 Additional notes found at www.leg.wa.gov 28A.310.350 Identification of core services for budget purposes—Specific services listed. The basic core services and cost upon which educational service districts are budgeted shall include, but not be limited to, the following: (1) Educational service district administration and facilities such as office space, maintenance and utilities; (2) Cooperative administrative services such as assistance in carrying out procedures to abolish sex and race bias 28A.310.350 [Title 28A RCW—page 142] in school programs, fiscal services, grants management services, special education services and transportation services; (3) Personnel services such as certification/registration services; (4) Learning resource services such as audio visual aids; (5) Cooperative curriculum services such as health promotion and health education services, in-service training, workshops and assessment; (6) Professional development services identified by statute or the omnibus appropriations act; and (7) Special needs of local education agencies. [2007 c 402 § 8; 1977 ex.s. c 283 § 10. Formerly RCW 28A.21.137.] Capt ion s n ot l aw— 200 7 c 402 : See no te fol lo win g R CW 28A.415.340. Additional notes found at www.leg.wa.gov 28A.310.360 Identification of core services for budget purposes—Formula utilized for ESD’s biennial budget request. The superintendent of public instruction, pursuant to RCW 28A.310.330 shall prepare the biennial budget request for the operation of educational service districts based upon a formula using the following factors: (1) The core service cost itemized in RCW 28A.310.350 which shall receive primary weighting for formula purposes; (2) A weighting factor constituting a geographical factor which shall be used to weight the larger sized educational service districts for formula purposes; and (3) A weighting factor which shall be based on the number and size of local school districts within each educational service district for formula purposes. The sum of subsection (1) of this section, together with the weighting factors of subsections (2) and (3) of this section for each educational service district, shall reflect the variables among the educational service districts and when combined, a total budget for all educational service districts shall be the result. [1990 c 33 § 287; 1977 ex.s. c 283 § 11. Formerly RCW 28A.21.138.] 28A.310.360 Additional notes found at www.leg.wa.gov 28A.310.370 District budget—State funds, allocation of—District general expense fund—Created, deposits, expenditures. The superintendent of public instruction shall examine and revise the biennial budget request of each educational service district and shall fix the amount to be requested in state funds for the educational service district system from the legislature. Once funds have been appropriated by the legislature, the superintendent of public instruction shall fix the annual budget of each educational service district and shall allocate quarterly the state’s portion from funds appropriated for that purpose to the county treasurer of the headquarters county of the educational service district for deposit to the credit of the educational service district general expense fund. In each educational service district, there shall be an educational service district general expense fund into which there shall be deposited such moneys as are allocated by the superintendent of public instruction under provisions of this chapter and other funds of the educational service district, and such moneys shall be expended according to the method used by first or second-class school districts, whichever is 28A.310.370 (2010 Ed.) Educational Service Districts deemed most feasible by the educational service district board. No vouchers for warrants other than moneys being distributed to the school districts shall be approved for expenditures not budgeted by the educational service district board. [1983 c 56 § 4; 1975 1st ex.s. c 275 § 31; 1971 ex.s. c 282 § 22; 1969 ex.s. c 176 § 14. Formerly RCW 28A.21.140, 28.19.565.] Additional notes found at www.leg.wa.gov 28A.310.480 28A.310.430 Local school district superintendents to advise board and superintendent. The superintendents of all local school districts within an educational service district shall serve in an advisory capacity to the educational service district board and superintendent in matters pertaining to budgets, programs, policy, and staff. [1975 1st ex.s. c 275 § 37; 1971 ex.s. c 282 § 28; 1969 ex.s. c 176 § 23. Formerly RCW 28A.21.220, 28.19.605.] 28A.310.430 Additional notes found at www.leg.wa.gov 28A.310.390 District budget request—Procedure for approval. The biennial budget request of each educational service district shall be approved by the respective educational service district board and then forwarded to the superintendent of public instruction for revision and approval as provided in RCW 28A.310.370. [1990 c 33 § 288; 1975 1st ex.s. c 275 § 33; 1971 ex.s. c 282 § 21; 1969 ex.s. c 176 § 17. Formerly RCW 28A.21.170, 28.19.580.] 28A.310.390 Additional notes found at www.leg.wa.gov 28A.310.400 Legal services. The superintendent of public instruction shall be responsible for the provision of legal services to all educational service districts: PROVIDED, That any educational service district board may contract with any county for the legal services of its prosecuting attorney. [1975 1st ex.s. c 275 § 35; 1974 ex.s. c 75 § 23. Formerly RCW 28A.21.195.] 28A.310.400 Additional notes found at www.leg.wa.gov 28A.310.410 Ex officio treasurer of district. The county treasurer of the county in which the headquarters office of the educational service district is located shall serve as the ex officio treasurer of the district. The treasurer shall keep all funds and moneys of the district separate and apart from all other funds and moneys in the treasurer’s custody and shall disburse such moneys only upon proper order of the educational service district board or superintendent. [1990 c 33 § 289; 1975 1st ex.s. c 275 § 36; 1969 ex.s. c 176 § 21. Formerly RCW 28A.21.200, 28.19.595.] 28A.310.410 Additional notes found at www.leg.wa.gov 28A.310.440 ESD as self-insurer—Authority. The board of directors of any educational service district is authorized to enter into agreements with the board of directors of any local school district and/or other educational service districts to form a self-insurance group for the purpose of qualifying as a self-insurer under chapter 51.14 RCW. [1982 c 191 § 9. Formerly RCW 28A.21.255.] 28A.310.440 Educational service districts as self-insurers: RCW 51.14.150 and 51.14.160. Additional notes found at www.leg.wa.gov 28A.310.460 Contracts to lease building space and portable buildings and lease or have maintained security systems, computers and other equipment. The board of any educational service district may enter into contracts for their respective districts for periods not exceeding twenty years in duration with public and private persons, organizations, and entities for the following purposes: (1) To rent or lease building space, portable buildings, security systems, computers and other equipment; and (2) To have maintained and repaired security systems, computers and other equipment. The budget of each educational service district shall identify that portion of each contractual liability incurred pursuant to this section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW 28A.310.330 and 28A.505.140. [1990 c 33 § 291; 1987 c 508 § 2; 1977 ex.s. c 210 § 2. Formerly RCW 28A.21.310.] 28A.310.460 Additional notes found at www.leg.wa.gov 28A.310.420 County or intermediate district superintendent and board employees to terminate or transfer employment—Benefits retained. As of July 1, 1969, employees of the various offices of county or intermediate district superintendent and county or intermediate district board shall terminate their employment therein, or such employees, at their election, may transfer their employment to the new intermediate school district in which their respective county is located. If such employment is so transferred, each employee shall retain the same leave benefits and other benefits that he or she had in his or her previous position. If the intermediate school district has a different system of computing leave benefits and other benefits, then the employee shall be granted the same leave and other benefits as a person will receive who would have had similar occupational status and total years of service with the new intermediate school district. [1990 c 33 § 290; 1969 ex.s. c 176 § 22. Formerly RCW 28A.21.210, 28.19.600.] 28A.310.420 Additional notes found at www.leg.wa.gov (2010 Ed.) 28A.310.470 Delegation to ESD of SPI program, project or service—Contract. The superintendent of public instruction may delegate to any educational service district or combination of educational service districts all or any portion of a program, project, or service authorized or directed by the legislature to be performed by the superintendent of public instruction: PROVIDED, That any such delegation shall be by contract pursuant to chapter 39.34 RCW, as now or hereafter amended. [1977 ex.s. c 283 § 5. Formerly RCW 28A.21.350.] 28A.310.470 Additional notes found at www.leg.wa.gov 28A.310.480 Delegation to ESD of state board of education program, project or service—Contract. The state board of education may delegate to any educational service district or combination of educational service districts all or any portion of a program, project, or service authorized or directed by the legislature to be performed by the state board 28A.310.480 [Title 28A RCW—page 143] 28A.310.490 Title 28A RCW: Common School Provisions of education: PROVIDED, That any such delegation shall be by contract pursuant to chapter 39.34 RCW, as now or hereafter amended. [1977 ex.s. c 283 § 6. Formerly RCW 28A.21.355.] Additional notes found at www.leg.wa.gov 28A.310.490 28A.310.490 ESD employee attendance incentive program—Remuneration or benefit plan for unused sick leave. Every educational service district board of directors shall establish an attendance incentive program for all certificated and classified employees in the following manner. (1) In January of the year following any year in which a minimum of sixty days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one day’s monetary compensation of the employee for each four full days of accrued leave for illness or injury in excess of sixty days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four days for every one day’s monetary compensation. No employee may receive compensation under this section for any portion of leave for illness or injury accumulated at a rate in excess of one day per month. (2) At the time of separation from educational service district employment due to retirement or death an eligible employee or the employee’s estate shall receive remuneration at a rate equal to one day’s current monetary compensation of the employee for each four full days accrued leave for illness or injury. (3) In lieu of remuneration for unused leave for illness or injury as provided for in subsections (1) and (2) of this section, an educational service district board of directors may, with equivalent funds, provide eligible employees a benefit plan that provides reimbursement for medical expenses. Any benefit plan adopted after July 28, 1991, shall require, as a condition of participation under the plan, that the employee sign an agreement with the district to hold the district harmless should the United States government find that the district or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the district not withholding or deducting any tax, assessment, or other payment on such funds as required under federal law. Moneys or benefits received under this section shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state. The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations to carry out the purposes of this section. Should the legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right. [1997 c 13 § 7; 1991 c 92 § 1; 1989 c 69 § 1; 1985 c 341 § 9; 1980 c 182 § 6. Formerly RCW 28A.21.360.] Additional notes found at www.leg.wa.gov [Title 28A RCW—page 144] Chapter 28A.315 RCW ORGANIZATION AND REORGANIZATION OF SCHOOL DISTRICTS Chapter 28A.315 Sections 28A.315.005 28A.315.015 28A.315.025 28A.315.035 28A.315.045 28A.315.055 28A.315.065 28A.315.075 28A.315.085 28A.315.095 28A.315.105 28A.315.115 28A.315.155 28A.315.165 28A.315.175 28A.315.185 28A.315.195 28A.315.205 28A.315.215 28A.315.225 28A.315.235 28A.315.245 28A.315.255 28A.315.265 28A.315.275 28A.315.285 28A.315.295 28A.315.305 28A.315.308 28A.315.315 28A.315.901 Governance structure. Purpose—Policy. Definitions. Organization of school districts. Reorganization. Conflicting or incorrectly described school district boundaries. District boundary changes—Submission to county auditor. Effect of 1999 c 315—Existing provisions not affected. Personnel and supplies—Reimbursement. Regional committees—Powers and duties. Regional committees—Appointment and terms of members—New regional committees. Regional committees—Membership limitation. Regional committees—Members’ expenses reimbursed. Regional committees—Organization, meetings, quorum. Superintendent of public instruction—Powers and duties. Annual training. Transfer of territory by petition—Requirements—Rules— Costs. Transfer of territory by petition—Regional committee responsibilities—Rules—Appeals. Transfer of territory by agreement or order—Approval— Order. Dissolution and annexation of certain districts—Annexation of nondistrict property. Consolidation—Petition. Adjustment of assets and liabilities. Adjustment of indebtedness. Adjustment of bonded indebtedness—Order—Special elections. Notice of elections. Special election—Determination—Order—Certification. Rejection of proposal. School district organizational changes—Corporate existence—Payment of bonded indebtedness—Levy authority. School district organization changes—Adjustment of school district assets and liabilities—School districts in two or more educational service districts. Appeal. Part headings and captions not law—1999 c 315. Redistricting by local governments and municipal corporations—Census information for—Plan, prepared when, criteria for, hearing on, request for review of, certification, remand—Sanctions when review request frivolous: RCW 29A.76.010. School district boundary changes—Excess levies: RCW 84.09.037. 28A.315.005 Governance structure. (1) Under the constitutional framework and the laws of the state of Washington, the governance structure for the state’s public common school system is comprised of the following bodies: The legislature, the governor, the superintendent of public instruction, the state board of education, the educational service district boards of directors, and local school district boards of directors. The respective policy and administrative roles of each body are determined by the state Constitution and statutes. (2) Local school districts are political subdivisions of the state and the organization of such districts, including the powers, duties, and boundaries thereof, may be altered or abolished by laws of the state of Washington. [1999 c 315 § 1.] 28A.315.005 28A.315.015 Purpose—Policy. (1) It is the purpose of this chapter to: 28A.315.015 (2010 Ed.) Organization and Reorganization of School Districts (a) Incorporate into a single, comprehensive, school district organization law all essential provisions governing: (i) The formation and establishment of new school districts; (ii) The alteration of the boundaries of existing districts; and (iii) The adjustment of the assets and liabilities of school districts when changes are made under this chapter; and (b) Establish methods and procedures whereby changes in the school district system may be brought about by the people concerned and affected. (2) It is the state’s policy that decisions on proposed changes in school district organization should be made, whenever possible, by negotiated agreement between the affected school districts. If the districts cannot agree, the decision shall be made by the regional committees on school district organization, based on the committees’ best judgment, taking into consideration the following factors and factors under RCW 28A.315.205: (a) A balance of local petition requests and the needs of the statewide community at large in a manner that advances the best interest of public education in the affected school districts and communities, the educational service district, and the state; (b) Responsibly serving all of the affected citizens and students by contributing to logical service boundaries and recognizing a changing economic pattern within the educational service districts of the state; (c) Enhancing the educational opportunities of pupils in the territory by reducing existing disparities among the affected school districts’ ability to provide operating and capital funds through an equitable adjustment of the assets and liabilities of the affected districts; (d) Promoting a wiser use of public funds through improvement in the school district system of the educational service districts and the state; and (e) Other criteria or considerations as may be established in rule by the superintendent of public instruction. (3) It is neither the intent nor purpose of this chapter to apply to organizational changes and the procedure therefor relating to capital fund aid by nonhigh school districts as provided for in chapter 28A.540 RCW. [2006 c 263 § 504; 1999 c 315 § 101.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.025 Definitions. As used in this chapter: (1) "Change in the organization and extent of school districts" means the formation and establishment of new school districts, the dissolution of existing school districts, the alteration of the boundaries of existing school districts, or all of them. (2) "Regional committee" means the regional committee on school district organization created by this chapter. (3) "School district" means the territory under the jurisdiction of a single governing board designated and referred to as the board of directors. (4) "Educational service district superintendent" means the educational service district superintendent as provided for in RCW 28A.310.170 or his or her designee. [2006 c 263 § 505; 1990 c 33 § 293; 1985 c 385 § 1; 1983 c 3 § 33; 1975 1st 28A.315.025 (2010 Ed.) 28A.315.055 ex.s. c 275 § 78; 1971 c 48 § 25; 1969 ex.s. c 223 § 28A.57.020. Prior: 1955 c 395 § 1; 1947 c 266 § 2; Rem. Supp. 1947 § 4693-21. Formerly RCW 28A.315.020, 28A.57.020, 28.57.020.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.315.035 Organization of school districts. A school district shall be organized in form and manner as hereinafter in this chapter provided, and shall be known as . . . . . . (insert here the name of the district) School District No. . . . ., . . . . . . county, state of Washington: PROVIDED, That all school districts now existing as shown by the records of the educational service district superintendent are hereby recognized as legally organized districts: PROVIDED FURTHER, That all school districts existing on April 25, 1969 as shown by the records of the county or intermediate district superintendents are hereby recognized as legally organized districts. [1975 1st ex.s. c 275 § 88; 1969 ex.s. c 176 § 124; 1969 ex.s. c 223 § 28A.57.130. Prior: 1947 c 266 § 3; Rem. Supp. 1947 § 4693-22. Formerly RCW 28A.315.220, 28A.57.130, 28.57.130.] 28A.315.035 Additional notes found at www.leg.wa.gov 28A.315.045 Reorganization. (1) A new school district may be formed comprising contiguous territory lying in either a single county or in two or more counties. The new district may comprise: (a) Two or more whole school districts; (b) Parts of two or more school districts; and/or (c) Territory that is not a part of any school district if such territory is contiguous to the district to which it is transferred. (2) The boundaries of existing school districts may be altered: (a) By the transfer of territory from one district to another district; (b) By the consolidation of one or more school districts with one or more school districts; or (c) By the dissolution and annexation to a district of a part or all of one or more other districts or of territory that is not a part of any school district: PROVIDED, That such territory shall be contiguous to the district to which it is transferred or annexed. (3) Territory may be transferred or annexed to or consolidated with an existing school district without regard to county boundaries. [1999 c 315 § 201.] 28A.315.045 28A.315.055 Conflicting or incorrectly described school district boundaries. In case the boundaries of any of the school districts are conflicting or incorrectly described, the educational service district board of directors, after due notice and a public hearing, shall change, harmonize, and describe them and shall so certify, with a complete transcript of boundaries of all districts affected, such action to the superintendent of public instruction for approval or revision. Upon receipt of notification of action by the superintendent of public instruction, the educational service district superintendent shall transmit to the county legislative authority of 28A.315.055 [Title 28A RCW—page 145] 28A.315.065 Title 28A RCW: Common School Provisions the county or counties in which the affected districts are located a complete transcript of the boundaries of all districts affected. [2006 c 263 § 506; 1999 c 315 § 203.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.065 District boundary changes—Submission to county auditor. (1) Any district boundary changes shall be submitted to the county auditor by the educational service district superintendent within thirty days after the changes have been approved in accordance with this chapter. The superintendent shall submit both legal descriptions and maps. (2) Any boundary changes submitted to the county auditor after the fourth Monday in June of odd-numbered years does not take effect until the following calendar year. [1999 c 315 § 204.] 28A.315.065 28A.315.075 Effect of 1999 c 315—Existing provisions not affected. (1) Any proposed change in school district organization initiated before July 25, 1999, shall be considered under the laws and rules in effect before July 25, 1999. Chapter 315, Laws of 1999 applies to any proposed change in school district organization initiated on or after July 25, 1999. (2) For purposes of this section, "initiated" means the filing of a petition, the motion of a school board, or the report of an educational service district. This section does not preclude the filing of a new petition on or after July 25, 1999, where the same or a similar proposal was filed before July 25, 1999. [1999 c 315 § 205.] 28A.315.075 28A.315.085 Personnel and supplies—Reimbursement. (1) The superintendent of public instruction shall furnish to regional committees the services of employed personnel and the materials and supplies necessary to enable them to perform the duties imposed upon them by this chapter. (2) Costs that may be incurred by an educational service district in association with school district negotiations under RCW 28A.315.195 and supporting the regional committee under RCW 28A.315.205 shall be reimbursed by the state from such funds as are appropriated for these purposes. [2008 c 159 § 3; 2006 c 263 § 507; 2005 c 497 § 405; 1999 c 315 § 206.] 28A.315.085 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. 28A.315.095 Regional committees—Powers and duties. The powers and duties of each regional committee are to: (1) Hear and approve or disapprove proposals for changes in the organization and extent of school districts in the educational service districts when a hearing on a proposal has been requested under RCW 28A.315.195; (2) Act on notices and proposals from the educational service district under RCW 28A.315.225; (3) Make an equitable adjustment of the property and other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this section, as to the old school districts and the new district or districts, if any, involved in or affected by a proposed change in the organization and extent of the school districts; (4) Make an equitable adjustment of the bonded indebtedness outstanding against any of the old and new districts whenever in its judgment such adjustment is advisable, as to all of the school districts involved in or affected by any change heretofore or hereafter effected; (5) Provide that territory transferred from a school district by a change in the organization and extent of school districts shall either remain subject to, or be relieved of, any one or more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory from the school district; (6) Provide that territory transferred to a school district by a change in the organization and extent of school districts shall either be made subject to, or be relieved of, any one or more excess tax levies that are authorized for the school district under RCW 84.52.053 before the effective date of the transfer of territory to the school district; (7) Establish the date by which a committee-approved transfer of territory shall take effect; (8) Hold and keep a record of a public hearing or public hearings (a) on every proposal for the formation of a new school district or for the transfer from one existing district to another of any territory in which children of school age reside or for annexation of territory when the conditions set forth in *RCW 28A.315.290 or 28A.315.320 prevail; and (b) on every proposal for adjustment of the assets and of the liabilities of school districts provided for in this chapter. Three members of the regional committee or two members of the committee and the educational service district superintendent may be designated by the committee to hold any public hearing that the committee is required to hold. The regional committee shall cause notice to be given, at least ten days prior to the date appointed for any such hearing, in one or more newspapers of general circulation within the geographical boundaries of the school districts affected by the proposed change or adjustment. In addition notice may be given by radio and television, or either thereof, when in the committee’s judgment the public interest will be served thereby; and (9) Prepare and submit to the superintendent of public instruction from time to time or, upon his or her request, reports and recommendations respecting the urgency of need for school plant facilities, the kind and extent of the facilities required, and the development of improved local school administrative units and attendance areas in the case of school districts that seek state assistance in providing school plant facilities. [1999 c 315 § 301.] 28A.315.095 [Title 28A RCW—page 146] *Reviser’s note: RCW 28A.315.290 and 28A.315.320 were repealed by 1999 c 315 § 801. Later enactment of RCW 28A.315.320, see RCW 28A.315.225. 28A.315.105 Regional committees—Appointment and terms of members—New regional committees. (1) There is hereby created in each educational service district a committee which shall be known as the regional committee on school district organization, which committee shall be composed of not less than seven nor more than nine registered voters of the educational service district, the number to correspond with the number of board member districts estab28A.315.105 (2010 Ed.) Organization and Reorganization of School Districts lished for the governance of the educational service district in which the regional committee is located. (2) Members of each regional committee shall be appointed to serve a four-year term by the educational service district board of the district in which the regional committee is located. One member of the regional committee shall be appointed from each such educational service district board member district. Appointed members of regional committees must be registered voters and reside in the educational service district board member district from which they are appointed. Members of regional committees who were elected before June 12, 2008, may serve the remainder of their four-year terms. Vacancies occurring for any reason, including at the end of the term of any member of a regional committee who was elected before June 12, 2008, shall be filled by appointment by the educational service district board of directors as provided in this section. (3) In the event of a change in the number of educational service districts or in the number of educational service district board members pursuant to chapter 28A.310 RCW, a new regional committee shall be appointed for each affected educational service district at the expiration of the terms of the majority of the members of the regional committee. Those persons who were serving on a regional committee within an educational service district affected by a change in the number of districts or board members shall continue to constitute the regional committee for the educational service district within which they are registered to vote until the majority of a new board has been appointed. (4) No appointed member of a regional committee may continue to serve on the committee if he or she ceases to be a registered voter of the educational service district board member district or if he or she is absent from three consecutive meetings of the committee without an excuse acceptable to the committee. [2008 c 159 § 4; 1985 c 385 § 2; 1969 ex.s. c 223 § 28A.57.030. Prior: 1947 c 266 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.040, 28A.57.030, 28.57.030, part.] Additional notes found at www.leg.wa.gov 28A.315.115 Regional committees—Membership limitation. Persons possessing the status of any of the following positions shall not be eligible to be a member of a regional committee: The superintendent of public instruction, a member of the state board of education, an educational service district superintendent, a member of a board of directors of a school district, a member of an educational service district board, a member of a governing board of either a private school or a private school district which conducts any grades kindergarten through twelve, officers appointed by any such governing board, and employees of a school district, an educational service district, the office of the superintendent of public instruction, a private school, or a private school district. [1985 c 385 § 3; 1975 1st ex.s. c 275 § 79; 1969 ex.s. c 176 § 115; 1969 ex.s. c 223 § 28A.57.031. Prior: 1947 c 226 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.050, 28A.57.031, 28.57.030, part.] 28A.315.115 Additional notes found at www.leg.wa.gov (2010 Ed.) 28A.315.195 28A.315.155 Regional committees—Members’ expenses reimbursed. Members of each regional committee shall serve without compensation but shall be reimbursed for expenses necessarily incurred in the performance of their duties. [1985 c 385 § 7; 1969 ex.s. c 176 § 118; 1969 ex.s. c 223 § 28A.57.035. Prior: 1947 c 266 § 11, part; Rem. Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW 28A.315.090, 28A.57.035, 28.57.030, part.] 28A.315.155 Additional notes found at www.leg.wa.gov 28A.315.165 Regional committees—Organization, meetings, quorum. Each regional committee shall organize by electing from its membership a chair and a vice chair. The educational service district superintendent shall be the secretary of the committee. Meetings of the committee shall be held upon call of the chair or of a majority of the members thereof. A majority of the committee shall constitute a quorum. [1990 c 33 § 297; 1985 c 385 § 8; 1975 1st ex.s. c 275 § 82; 1969 ex.s. c 176 § 119; 1969 ex.s. c 223 § 28A.57.040. Prior: 1947 c 266 § 12; Rem. Supp. 1947 § 4693-31; prior: 1941 c 248 § 4; Rem. Supp. 1941 § 4709-4. Formerly RCW 28A.315.100, 28A.57.040, 28.57.040.] 28A.315.165 Additional notes found at www.leg.wa.gov 28A.315.175 Superintendent of public instruction— Powers and duties. The superintendent of public instruction shall: (1) Aid regional committees in the performance of their duties by furnishing them with plans of procedure, standards, data, maps, forms, and other necessary materials and services essential to a study and understanding of the problems of school district organization in their respective educational service districts; and (2) Carry out powers and duties of the superintendent of public instruction relating to the organization and reorganization of school districts. [2006 c 263 § 501; 1999 c 315 § 302.] 28A.315.175 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.185 Annual training. To the extent funds are appropriated, the superintendent of public instruction, in cooperation with the educational service districts and the Washington state school directors’ association, shall conduct an annual training meeting for the regional committees, educational service district superintendents, and local school district superintendents and boards of directors. Training may also be provided upon request. [2006 c 263 § 509; 1999 c 315 § 303.] 28A.315.185 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.195 Transfer of territory by petition— Requirements—Rules—Costs. (1) A proposed change in school district organization by transfer of territory from one school district to another may be initiated by a petition in writing presented to the educational service district superintendent: (a) Signed by at least fifty percent plus one of the active registered voters residing in the territory proposed to be transferred; or 28A.315.195 [Title 28A RCW—page 147] 28A.315.205 Title 28A RCW: Common School Provisions (b) Signed by a majority of the members of the board of directors of one of the districts affected by a proposed transfer of territory and providing documentation that, before signing the petition, the board of directors took the following actions: (i) Communicated the proposed transfer to the board of directors of the affected district or districts and provided an opportunity for the board of the affected district or districts to respond; and (ii) Communicated the proposed transfer to the registered voters residing in the territory proposed to be transferred, provided notice of a public hearing regarding the proposal, and provided the voters an opportunity to comment on the proposal at the public hearing. (2) The petition shall state the name and number of each district affected, describe the boundaries of the territory proposed to be transferred, and state the reasons for desiring the change and the number of children of school age, if any, residing in the territory. (3) The educational service district superintendent shall not complete any transfer of territory under this section that involves ten percent or more of the common school student population of the entire district from which the transfer is proposed, unless the educational service district superintendent has first called and held a special election of the voters of the entire school district from which the transfer of territory is proposed. The purpose of the election is to afford those voters an opportunity to approve or reject the proposed transfer. A simple majority shall determine approval or rejection. (4) The superintendent of public instruction may establish rules limiting the frequency of petitions that may be filed pertaining to territory included in whole or in part in a previous petition. (5) Upon receipt of the petition, the educational service district superintendent shall notify in writing the affected districts that: (a) Each school district board of directors, whether or not initiating a proposed transfer of territory, is required to enter into negotiations with the affected district or districts; (b) In the case of a citizen-initiated petition, the affected districts must negotiate on the entire proposed transfer of territory; (c) The districts have ninety calendar days in which to agree to the proposed transfer of territory; (d) The districts may request and shall be granted by the educational service district superintendent one thirty-day extension to try to reach agreement; and (e) Any district involved in the negotiations may at any time during the ninety-day period notify the educational service district superintendent in writing that agreement will not be possible. (6) If the negotiating school boards cannot come to agreement about the proposed transfer of territory, the educational service district superintendent, if requested by the affected districts, shall appoint a mediator. The mediator has thirty days to work with the affected school districts to see if an agreement can be reached on the proposed transfer of territory. (7) If the affected school districts cannot come to agreement about the proposed transfer of territory, and the districts [Title 28A RCW—page 148] do not request the services of a mediator or the mediator was unable to bring the districts to agreement, either district may file with the educational service district superintendent a written request for a hearing by the regional committee. (8) If the affected school districts cannot come to agreement about the proposed transfer of territory initiated by citizen petition, and the districts do not request the services of a mediator or the mediator was unable to bring the districts to agreement, the district in which the citizens who filed the petition reside shall file with the educational service district superintendent a written request for a hearing by the regional committee, unless a majority of the citizen petitioners request otherwise. (9) Upon receipt of a notice under subsection (7) or (8) of this section, the educational service district superintendent shall notify the chair of the regional committee in writing within ten days. (10) Costs incurred by school districts under this section shall be reimbursed by the state from such funds as are appropriated for this purpose. [2008 c 159 § 1; 2006 c 263 § 502; 2003 c 413 § 2; 1999 c 315 § 401.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.205 Transfer of territory by petition— Regional committee responsibilities—Rules—Appeals. (1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under RCW 28A.315.195 (7) or (8). (2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the committee, the committee shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the committee’s decision to the superintendents of the affected school districts within ten calendar days. (3) In carrying out the purposes of RCW 28A.315.015 and in making decisions as authorized under RCW 28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in s c h o o l d i s t r i c t o r g a n i z at i o n c o m p l i e s w i t h R C W 28A.315.015(2) and rules adopted by the superintendent of public instruction under chapter 34.05 RCW. (4) The rules under subsection (3) of this section shall provide for giving consideration to all of the following: (a) Student educational opportunities as measured by the percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates; (b) The safety and welfare of pupils. For the purposes of this subsection, "safety" means freedom or protection from danger, injury, or damage and "welfare" means a positive condition or influence regarding health, character, and wellbeing; (c) The history and relationship of the property affected to the students and communities affected, including, for example, the impact of the growth management act and current or proposed urban growth areas, city boundaries, and master planned communities; 28A.315.205 (2010 Ed.) Organization and Reorganization of School Districts (d) Whether or not geographic accessibility warrants a favorable consideration of a recommended change in school district organization, including remoteness or isolation of places of residence and time required to travel to and from school; and (e) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation when all funding sources are considered, improvement in the economies in the administration and operation of schools, and the extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts. (5)(a)(i) A petitioner or school district may appeal a decision by the regional committee to the superintendent of public instruction based on the claim that the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner. Any such appeal shall be based on the record and the appeal must be filed within thirty days of the final decision of the regional committee. The appeal shall be heard and determined by an administrative law judge in the office of administrative hearings, based on the standards in (a)(ii) of this subsection. (ii) If the administrative law judge finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, the administrative law judge shall refer the matter back to the regional committee with an explanation of his or her findings. The regional committee shall rehear the proposal. (iii) If the administrative law judge finds that all applicable procedures were followed or that the regional committee did not act in an arbitrary and capricious manner, depending on the appeal, the educational service district shall be notified and directed to implement the changes. (b) Any school district or citizen petitioner affected by a final decision of the regional committee may seek judicial review of the committee’s decision in accordance with RCW 34.05.570. [2008 c 159 § 2; 2006 c 263 § 503; 2003 c 413 § 1; 1999 c 315 § 402.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28A.315.215 Transfer of territory by agreement or order—Approval—Order. (1) Upon receipt by the educational service district superintendent of a written agreement by two or more school districts to the transfer of territory between the affected districts, the superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action. (2) Upon receipt by the educational service district superintendent of a written order by the regional committee approving the transfer of territory between two or more school districts, the superintendent shall make an order establishing all approved changes involving the alteration of the 28A.315.215 (2010 Ed.) 28A.315.235 boundaries of the affected districts. The order may not be implemented before the period of appeal authorized under RCW 28A.315.205(5)(a)(i) has ended. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action. [1999 c 315 § 403.] 28A.315.225 Dissolution and annexation of certain districts—Annexation of nondistrict property. In case any school district has an average enrollment of fewer than five kindergarten through eighth grade pupils during the preceding school year or has not made a reasonable effort to maintain, during the preceding school year at least the minimum term of school required by law, the educational service district superintendent shall report that fact to the regional committee, which committee shall dissolve the school district and annex the territory thereof to some other district or districts. For the purposes of this section, in addition to any other finding, "reasonable effort" shall be deemed to mean the attempt to make up whatever days are short of the legal requirement by conducting of school classes on any days to include available holidays, though not to include Saturdays and Sundays, prior to June 15th of that year. School districts operating an extended school year program, most commonly implemented as a 45-15 plan, shall be deemed to be making a reasonable effort. In the event any school district has suffered any interruption in its normal school calendar due to a strike or other work stoppage or slowdown by any of its employees that district shall not be subject to this section. In case any territory is not a part of any school district, the educational service district superintendent shall present to the regional committee a proposal for the annexation of the territory to some contiguous district or districts. [1999 c 315 § 501.] 28A.315.225 28A.315.235 Consolidation—Petition. (1) A proposed change in school district organization by consolidation of territory from two or more school districts to form a new school district may be initiated by: (a) A written petition presented to the educational service district superintendent signed by ten or more registered voters residing: (i) In each whole district and in each part of a district proposed to be included in any single new district; or (ii) In the territory of a proposed new district that comprises a part of only one or more districts and approved by the boards of directors of the affected school districts; (b) A written petition presented to the educational service district superintendent signed by ten percent or more of the registered voters residing in such affected areas or area without the approval of the boards of directors of the affected school districts. (2) The petition shall state the name and number of each district involved in or affected by the proposal to form the new district and shall describe the boundaries of the proposed new district. No more than one petition for consolidation of the same two school districts or parts thereof shall be considered during a school fiscal year. 28A.315.235 [Title 28A RCW—page 149] 28A.315.245 Title 28A RCW: Common School Provisions (3) The educational service district superintendent may not complete any consolidation of territory under this section unless he or she has first called and held a special election of the voters of the affected districts to afford those voters an opportunity to approve or reject the proposed consolidation. A simple majority shall determine approval or rejection. (4) If a proposed change in school district organization by consolidation of territory has been approved under this section, the educational service district superintendent shall make an order establishing all approved changes involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of the equitable adjustment of assets and liabilities involving the affected districts. The superintendent shall certify his or her action to each county auditor, each county treasurer, each county assessor, and the superintendents of all school districts affected by the action. [1999 c 315 § 601.] 28A.315.245 Adjustment of assets and liabilities. In determining an equitable adjustment of assets and liabilities, the negotiating school districts and the regional committee shall consider the following factors: (1) The number of school age children residing in each school district and in each part of a district involved or affected by the proposed change in school district organization; (2) The assessed valuation of the property located in each school district and in each part of a district involved or affected by the proposed change in school district organization; (3) The purpose for which the bonded indebtedness of any school district involved or affected by the proposed change in school district organization was incurred; (4) The history and relationship of the property affected to the students and communities affected by the proposed change in school district organization; (5) Additional burdens to the districts affected by the proposed change in school district organization as a result of the proposed organization; (6) The value, location, and disposition of all improvements located in the school districts involved or affected by the proposed change in school district organization; (7) The consideration of all other sources of funding; and (8) Any other factors that in the judgment of the school districts or regional committee are important or essential to the making of an equitable adjustment of assets and liabilities. [1999 c 315 § 701.] 28A.315.245 28A.315.255 Adjustment of indebtedness. (1) The fact of the issuance of bonds by a school district, heretofore or hereafter, does not prevent changes in the organization and extent of school districts, regardless of whether or not such bonds or any part thereof are outstanding at the time of change. (2) In case of any change: (a) The bonded indebtedness outstanding against any school district involved in or affected by such change shall be adjusted equitably among the old school districts and the new district or districts, if any, involved or affected; and 28A.315.255 [Title 28A RCW—page 150] (b) The property and other assets and the liabilities other than bonded indebtedness of any school district involved in or affected by any such change shall also be adjusted in the manner and to the effect provided for in this section, except if all the territory of an old school district is included in a single new district or is annexed to a single existing district, in which event the title to the property and other assets and the liabilities other than bonded indebtedness of the old district vests in and becomes the assets and liabilities of the new district or of the existing district, as applicable. [1999 c 315 § 702.] 28A.315.265 Adjustment of bonded indebtedness— Order—Special elections. If adjustments of bonded indebtedness are made between or among school districts in connection with the alteration of the boundaries of the school districts under this chapter, the order of the educational service district superintendent establishing the terms of adjustment of bonded indebtedness shall provide and specify: (1) In every case where bonded indebtedness is transferred from one school district to another school district: (a) That such bonded indebtedness is assumed by the school district to which it is transferred; (b) That thereafter such bonded indebtedness shall be the obligation of the school district to which it is transferred; (c) That, if the terms of adjustment so provide, any bonded indebtedness thereafter incurred by such transferee school district through the sale of bonds authorized before the date its boundaries were altered shall be the obligation of such school district including the territory added thereto; and (d) That taxes shall be levied thereafter against the taxable property located within such school district as it is constituted after its boundaries were altered, the taxes to be levied at the times and in the amounts required to pay the principal of and the interest on the bonded indebtedness assumed or incurred, as the same become due and payable. (2) In computing the debt limitation of any school district from which or to which bonded indebtedness has been transferred, the amount of transferred bonded indebtedness at any time outstanding: (a) Shall be an offset against and deducted from the total bonded indebtedness, if any, of the school district from which the bonded indebtedness was transferred; and (b) Shall be deemed to be bonded indebtedness solely of the transferee school district that assumed the indebtedness. (3) In every case where adjustments of bonded indebtedness do not provide for transfer of bonded indebtedness from one school district to another school district: (a) That the existing bonded indebtedness of each school district, the boundaries of which are altered and any bonded indebtedness incurred by each such school district through the sale of bonds authorized before the date its boundaries were altered is the obligation of the school district in its reduced or enlarged form, as the case may be; and (b) That taxes shall be levied thereafter against the taxable property located within each such school district in its reduced or enlarged form, as the case may be, at the times and in the amounts required to pay the principal of and interest on such bonded indebtedness as the same become due and payable. 28A.315.265 (2010 Ed.) Organization and Reorganization of School Districts (4) If a change in school district organization approved by the regional committee concerns a proposal to form a new school district or a proposal for adjustment of bonded indebtedness involving an established school district and one or more former school districts now included therein pursuant to a vote of the people concerned, a special election of the voters residing within the territory of the proposed new district, or of the established district involved in a proposal for adjustment of bonded indebtedness as the case may be, shall be held for the purpose of affording those voters an opportunity to approve or reject such proposals as concern or affect them. (5) In a case involving both the question of the formation of a new school district and the question of adjustment of bonded indebtedness, the questions may be submitted to the voters either in the form of a single proposition or as separate propositions, whichever seems expedient to the educational service district superintendent. When the regional committee has passed appropriate resolutions for the questions to be submitted and the educational service district superintendent has given notice thereof to the county auditor, the special election shall be called and conducted, and the returns canvassed as in regular school district elections. [1999 c 315 § 703.] 28A.315.275 Notice of elections. Notice of special elections as provided for in RCW 28A.315.265 shall be given by the county auditor as provided in *RCW 29.27.080. The notice of election shall state the purpose for which the election has been called and contain a description of the boundaries of the proposed new district and a statement of any terms of adjustment of bonded indebtedness on which to be voted. [1999 c 315 § 704.] 28A.315.275 *Reviser’s note: RCW 29.27.080 was recodified as RCW 29A.52.350 pursuant to 2003 c 111 § 2401, effective July 1, 2004. RCW 29A.52.350 was subsequently repealed by 2004 c 271 § 193. Later enactment of RCW 29A.52.350, see RCW 29A.52.351. 28A.315.285 28A.315.285 Special election—Determination— Order—Certification. (1) If a special election is held to vote on a proposal or alternate proposals to form a new school district, the votes cast by the registered voters in each component district shall be tabulated separately. Any such proposition shall be considered approved only if it receives a majority of the votes cast in each separate district voting thereon. (2) If a special election is held to vote on a proposal for adjustment of bonded indebtedness, the entire vote cast by the registered voters of the proposed new district or of the established district as the case may be shall be tabulated. Any such proposition shall be considered approved if sixty percent or more of all votes cast thereon are in the affirmative. (3) In the event of approval of a proposition or propositions voted on at a special election, the educational service district superintendent shall: (a) Make an order establishing such new school district or such terms of adjustment of bonded indebtedness or both, as were approved by the registered voters and shall also order such other terms of adjustment, if there are any, of property and other assets and of liabilities other than bonded indebtedness as have been approved by the state council; and (2010 Ed.) 28A.315.308 (b) Certify his or her action to the county and school district officials specified in RCW 28A.315.215. The educational service district superintendent may designate, with the approval of the superintendent of public instruction, a name and number different from that of any component thereof, but must designate the new district by name and number different from any other district in existence in the county. (4) The educational service district superintendent shall fix as the effective date of any order or orders he or she is required to make by this chapter, the date specified in the order of final approval of any change in the organization and extent of school districts or of any terms of adjustment of the assets and liabilities of school districts subject, for taxing purposes, to the redrawing of taxing district boundaries under RCW 84.09.030, by the regional committee. (5) Upon receipt of certification under this section, the superintendent of each school district that is included in the new district shall deliver to the superintendent of the new school district those books, papers, documents, records, and other materials pertaining to the territory transferred. [1999 c 315 § 705.] 28A.315.295 Rejection of proposal. If a proposal for the formation of a new school district and for adjustment of bonded indebtedness, or either, is rejected by the registered voters at a special election, the matter is terminated. [1999 c 315 § 706.] 28A.315.295 2 8A .3 1 5 .3 0 5 Sch oo l d ist r ic t o r g a niza t io na l changes—Corporate existence—Payment of bonded indebtedness—Levy authority. (1) Each school district involved in or affected by any change made in the organization and extent of school districts under this chapter retains its corporate existence insofar as is necessary for the purpose, until the bonded indebtedness outstanding against it on and after the effective date of the change has been paid in full. This section may not be construed to prevent, after the effective date of the change, such adjustments of bonded indebtedness as are provided for in this chapter. (2) The county legislative authority shall provide, by appropriate levies on the taxable property of each school district, for the payment of the bonded indebtedness outstanding against it after any of the changes or adjustments under this chapter have been effected. (3) In case any such changes or adjustments involve a joint school district, the tax levy for the payment of any bonded indebtedness outstanding against the joint district, after the changes or adjustments are effected, shall be made and the proceeds thereof shall be transmitted, credited, and paid out in conformity with the provisions of law applicable to the payment of the bonded indebtedness of joint school districts. [1999 c 315 § 707.] 28A.315.305 28A.315.308 School district organization changes— Adjustment of school district assets and liabilities— School districts in two or more educational service districts. The duties in this chapter imposed upon and required to be performed by a regional committee and by an educational service district superintendent in connection with a change in the organization and extent of school districts 28A.315.308 [Title 28A RCW—page 151] 28A.315.315 Title 28A RCW: Common School Provisions and/or with the adjustment of the assets and liabilities of school districts and with all matters related to such change or adjustment whenever territory lying in more than one educational service district is involved shall be performed by the regional committee and by the superintendent of the educational service district in which is located the part of the proposed or enlarged school district having the largest number of common school pupils residing therein. Proposals for changes in the organization and extent of school districts and proposed terms of adjustment of assets and liabilities thus prepared and approved shall be submitted to the superintendent of public instruction. [2008 c 159 § 6; 2006 c 263 § 612; 1985 c 385 § 25; 1975 1st ex.s. c 275 § 95; 1973 c 47 § 2; 1969 ex.s. c 176 § 131; 1969 ex.s. c 223 § 28A.57.240. Prior: 1947 c 266 § 26; Rem. Supp. 1947 § 4693-45. Formerly RCW 28A.323.020, 28A.315.360, 28A.57.240, 28.57.240.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Additional notes found at www.leg.wa.gov 28A.315.315 Appeal. An appeal may be taken, as provided for in RCW 28A.645.010, to the superior court of the county in which a school district or any part thereof is situated on any question of adjustment of property and other assets and of liabilities provided for in this chapter. If the court finds the terms of the adjustment in question not equitable, the court shall make an adjustment that is equitable. [1990 c 33 § 305; 1983 c 3 § 34; 1969 ex.s. c 223 § 28A.57.120. Prior: 1947 c 266 § 40; Rem. Supp. 1947 § 4693-59. Formerly RCW 28A.315.210, 28A.57.120, 28.57.120.] 28A.315.315 Boundary change, copy of decision to county assessor: RCW 28A.645.040. 28A.315.901 Part headings and captions not law— 1999 c 315. Part headings and section captions used in this act are not any part of the law. [1999 c 315 § 808.] 28A.320.100 28A.320.110 28A.320.120 28A.320.125 28A.320.128 28A.320.130 28A.320.135 28A.320.140 28A.320.155 28A.320.160 28A.320.165 28A.320.170 28A.320.175 28A.320.180 28A.320.185 28A.320.190 28A.320.191 PROGRAM EVALUATION 28A.320.230 Instructional materials—Instructional materials committee. 28A.320.240 School library media programs—Stocking of libraries— Teacher-librarians. DEPOSIT, INVESTMENT, AND USE OF PROCEEDS 28A.320.300 Investment of funds, including funds received by ESD— Authority—Procedure. 28A.320.310 Investment of building funds—Restrictions. 28A.320.320 Investment of funds of district—Service fee. 28A.320.330 School funds enumerated—Deposits—Uses. ELECTORS—QUALIFICATIONS, VOTING PLACE, AND SPECIAL MEETINGS 28A.315.901 Chapter 28A.320 RCW PROVISIONS APPLICABLE TO ALL DISTRICTS Chapter 28A.320 Sections DISTRICT POWERS AND DUTIES 28A.320.010 Corporate powers. 28A.320.015 School boards of directors—Powers—Notice of adoption of policy. 28A.320.020 Liability for debts and judgments. 28A.320.025 School district name change. 28A.320.030 Gifts, conveyances, etc., for scholarship and student aid purposes, receipt and administration. 28A.320.035 Contracting out—Board’s powers and duties—Goods and services. 28A.320.040 Bylaws for board and school government. 28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing anticipated expenses. 28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless. 28A.320.070 School district as self-insurer—Authority. 28A.320.080 Commencement exercises—Lip reading instruction—Joint purchasing, including issuing interest bearing warrants and agreements with private schools—Budgets. 28A.320.090 Preparing and distributing information on district’s instructional program, operation and maintenance—Limitation. 28A.320.092 Unsolicited information about learning programs—Prohibition on providing to persons who file a declaration of [Title 28A RCW—page 152] intent to cause a child to receive home-based instruction— Exceptions. Actions against officers, employees or agents of school districts and educational service districts—Defense, costs, fees—Payment of obligation. Information and research services. Cooperation with technical colleges—Jurisdiction over property—Administrative charges—Discrimination against employees of technical colleges prohibited—Dispute resolution. Safe school plans—Requirements—Duties of school districts, schools, and educational service districts— Reports—Drills—Rules. Notice and disclosure policies—Threats of violence—Student conduct—Immunity for good faith notice—Penalty. Weapons incidents—Reporting. Telecommunication devices—Limits on possession—Policies. Schools with special standards—Dress codes. Criminal history record information—School volunteers. Alleged sexual misconduct by school employee—Parental notification—Information on public records act. Notice of pesticide use. Curricula—Tribal history and culture. School data—Collection and submission to the office of the superintendent of public instruction. Mathematics college readiness test—Costs. School gardens or farms. Extended learning opportunities program. Program of early learning under RCW 43.215.141. 28A.320.400 Elections—Qualifications of electors—Voting place. 28A.320.410 Elections—Elections to be conducted according to Title 29A RCW. 28A.320.420 Special meetings of voters—Authorized—Purpose. 28A.320.430 Special meetings of voters—Place, notice, procedure, record. 28A.320.440 Special meetings of voters—Directors to follow electors’ decision. SUMMER SCHOOL, NIGHT SCHOOL, EXTRACURRICULAR ACTIVITIES, AND ATHLETICS 28A.320.500 Summer and/or other student vacation period programs— Authorized—Tuition and fees. 28A.320.510 Night schools, summer schools, meetings, use of facilities for. 28A.320.520 School credit for participation in youth court. Assistance of certificated or classified employee—Reimbursement for substitute: RCW 28A.300.035. DISTRICT POWERS AND DUTIES 28A.320.010 Corporate powers. A school district shall constitute a body corporate and shall possess all the usual powers of a public corporation, and in that name and style may sue and be sued and transact all business necessary for maintaining school and protecting the rights of the district, and enter into such obligations as are authorized therefor by law. [1969 ex.s. c 223 § 28A.58.010. Prior: (i) 1909 c 97 p 287 § 7, part; RRS § 4782, part; prior: 1897 c 118 § 44, part; 1891 c 127 § 11, part; 1890 p 366 § 30, part. Formerly RCW 28.58.040, part. (ii) 1947 c 266 § 6, part; Rem. Supp. 28A.320.010 (2010 Ed.) Provisions Applicable to all Districts 1947 § 4693-25, part; prior: 1909 c 97 p 265 § 2, part. Formerly RCW 28A.58.010, 28.57.135, 28.58.010.] 28A.320.015 School boards of directors—Powers— Notice of adoption of policy. (1) The board of directors of each school district may exercise the following: (a) The broad discretionary power to determine and adopt written policies not in conflict with other law that provide for the development and implementation of programs, activities, services, or practices that the board determines will: (i) Promote the education and daily physical activity of kindergarten through twelfth grade students in the public schools; or (ii) Promote the effective, efficient, or safe management and operation of the school district; (b) Such powers as are expressly authorized by law; and (c) Such powers as are necessarily or fairly implied in the powers expressly authorized by law. (2) Before adopting a policy under subsection (1)(a) of this section, the school district board of directors shall comply with the notice requirements of the open public meetings act, chapter 42.30 RCW, and shall in addition include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors shall provide a reasonable opportunity for public written and oral comment and consideration of the comment by the board of directors. [2005 c 360 § 7; 1992 c 141 § 301.] 28A.320.050 tional service district superintendent, the superintendent of public instruction, the state board of education, and the secretary of state. [1999 c 101 § 1.] 28A.320.015 Findings—Intent—2005 c 360: See note following RCW 36.70A.070. Findings—Part headings—Severability—1992 c 141: See note following RCW 28A.410.040. 28A.320.020 Liability for debts and judgments. Every school district shall be liable for any debts legally due, and for judgments against the district, and such district shall pay any such judgment or liability out of the proper school funds to the credit of the district. [1969 ex.s. c 223 § 28A.58.020. Prior: 1909 c 97 p 287 § 4; RRS § 4779; prior: 1897 c 118 § 41; 1890 p 365 § 27. Formerly RCW 28A.58.020, 28.58.020.] 28A.320.020 28A.320.025 School district name change. (1) The board of directors may change the name of the school district if: (a) Either ten percent of the registered voters of the district file a petition requesting that the name of the school district be changed and submit the proposed new name with the request to the board or the board passes a motion to hold a hearing to change the school district name; (b) After receiving the petition or adopting the motion, the board holds a hearing within one month after the petition was submitted to the board. The board shall publish notice of the hearing and the proposed new name once a week for three consecutive weeks in a newspaper of general circulation within the school district. At the hearing, other names may be proposed and considered by the board without additional notice requirements; and (c) A majority of the board votes to adopt the new name. (2) If the board adopts the new name, the new name shall be recorded in the school district office and with the educa28A.320.025 (2010 Ed.) 28A.320.030 Gifts, conveyances, etc., for scholarship and student aid purposes, receipt and administration. The board of directors of any school district may accept, receive and administer for scholarship and student aid purposes such gifts, grants, conveyances, devises and bequests of personal or real property, in trust or otherwise, for the use or benefit of the school district or its students; and sell, lease, rent or exchange and invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof, if any, for the foregoing purposes; and enter into contracts and adopt regulations deemed necessary by the board to provide for the receipt and expenditure of the foregoing. [1974 ex.s. c 8 § 1. Formerly RCW 28A.58.030.] 28A.320.030 28A.320.035 Contracting out—Board’s powers and duties—Goods and services. (1) The board of directors of a school district may contract with other school districts, educational service districts, public or private organizations, agencies, schools, or individuals to implement the board’s powers and duties. The board of directors of a school district may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to improve student learning or achievement. (2) A contract under subsection (1) of this section may not be made with a religious or sectarian organization or school where the contract would violate the state or federal Constitution. [1997 c 267 § 1.] 28A.320.035 28A.320.040 Bylaws for board and school government. Every board of directors shall have power to make such bylaws for their own government, and the government of the common schools under their charge, as they deem expedient, not inconsistent with the provisions of this title, or rules and regulations of the superintendent of public instruction or the state board of education. [1969 ex.s. c 223 § 28A.58.110. Prior: 1909 c 97 p 287 § 6; RRS § 4781; prior: 1897 c 118 § 43; 1890 p 366 § 29. Formerly RCW 28A.58.110, 28.58.110.] 28A.320.040 28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing anticipated expenses. The actual expenses of school directors in going to, returning from and attending upon directors’ meetings or other meetings called or held pursuant to statute shall be paid. Likewise, the expenses of school superintendents and other school representatives chosen by the directors to attend any conferences or meetings or to attend to any urgent business at the behest of the state superintendent of public instruction or the board of directors shall be paid. The board of directors may pay the actual and necessary expenses for travel, lodging and meals a 28A.320.050 [Title 28A RCW—page 153] 28A.320.060 Title 28A RCW: Common School Provisions superintendent candidate incurs when he or she attends an employment interview in the school district. The school directors, school superintendents, other school representatives or superintendent candidates may be advanced sufficient sums to cover their anticipated expenses in accordance with rules and regulations promulgated by the state auditor and which shall substantially conform to the procedures provided in RCW 43.03.150 through 43.03.210. [1977 c 73 § 1; 1969 ex.s. c 26 § 2; 1969 ex.s. c 223 § 28A.58.310. Prior: 1961 c 268 § 15; prior: 1919 c 90 § 6, part; 1909 c 97 p 287 § 8, part; RRS § 4783, part. Formerly RCW 28A.58.310, 28.58.310.] 28A.320.060 Officers, employees or agents of school districts or educational service districts, insurance to protect and hold personally harmless. Any school district board of directors and educational service district board are authorized to purchase insurance to protect and hold personally harmless any director, officer, employee or agent of the respective school district or educational service district from any action, claim or proceeding instituted against him or her arising out of the performance or failure of performance of duties for or employment with such institution and to hold him or her harmless from any expenses connected with the defense, settlement or monetary judgments from such actions. [1990 c 33 § 330; 1975 1st ex.s. c 275 § 116; 1972 ex.s. c 142 § 2. Formerly RCW 28A.58.630.] 28A.320.060 28A.320.070 School district as self-insurer—Authority. Any school district board of directors is authorized to enter into agreements with the board of directors of other school districts and/or educational service districts to form a self-insurance group for the purpose of qualifying as a selfinsurer under chapter 51.14 RCW. [1982 c 191 § 10. Formerly RCW 28A.58.410.] 28A.320.070 School districts as self-insurers: RCW 51.14.150 and 51.14.160. Additional notes found at www.leg.wa.gov 28A.320.080 Commencement exercises—Lip reading instruction—Joint purchasing, including issuing interest bearing warrants and agreements with private schools— Budgets. Every board of directors, unless otherwise specifically provided by law, shall: (1) Provide for the expenditure of a reasonable amount for suitable commencement exercises; (2) In addition to providing free instruction in lip reading for children disabled by defective hearing, make arrangements for free instruction in lip reading to adults disabled by defective hearing whenever in its judgment such instruction appears to be in the best interests of the school district and adults concerned; (3) Join with boards of directors of other school districts or an educational service district pursuant to RCW 28A.310.180(3), or both such school districts and educational service district in buying supplies, equipment and services by establishing and maintaining a joint purchasing agency, or otherwise, when deemed for the best interests of the district, any joint agency formed hereunder being herewith authorized and empowered to issue interest bearing warrants in payment of any obligation owed: PROVIDED, HOWEVER, That those agencies issuing interest bearing warrants shall assign accounts receivable in an amount equal to the amount of the outstanding interest bearing warrants to the county treasurer issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the request of any one or more private schools requesting the agency to jointly buy supplies, equipment, and services including but not limited to school bus maintenance services, and, after considering such request, may cooperate with and jointly make purchases with private schools of supplies, equipment, and services, including but not limited to school bus maintenance services, so long as such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; (4) Consider the request of any one or more private schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus maintenance services, and, after considering such request, may provide such joint purchasing services: PROVIDED, That such private schools pay in advance their proportionate share of the costs or provide a surety bond to cover their proportionate share of the costs involved in such purchases; and (5) Prepare budgets as provided for in chapter 28A.505 RCW. [1995 c 77 § 21; 1990 c 33 § 331; 1986 c 77 § 1; 1983 c 125 § 1; 1981 c 308 § 1; 1979 ex.s. c 66 § 2; 1971 c 26 § 1; 1969 c 53 § 2; 1969 ex.s. c 223 § 28A.58.107. Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part; prior: 1943 c 52 § 1, part; 1941 c 179 § 1, part; 1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part; 1919 c 89 § 3, part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part; 1903 c 104 § 17, part; 1901 c 41 § 3, part; 1897 c 118 § 40, part; 1890 p 364 § 26, part; Rem. Supp. 1943 § 4776, part. Formerly RCW 28A.58.107, 28.58.100(7), (13) and (14).] Additional notes found at www.leg.wa.gov 28A.320.080 [Title 28A RCW—page 154] 28A.320.090 Preparing and distributing information on district’s instructional program, operation and maintenance—Limitation. The board of directors of any school district shall have authority to authorize the expenditure of funds for the purpose of preparing and distributing information to the general public to explain the instructional program, operation and maintenance of the schools of the district: PROVIDED, That nothing contained herein shall be construed to authorize preparation and distribution of information to the general public for the purpose of influencing the outcome of a school district election. [1969 ex.s. c 283 § 11. Formerly RCW 28A.58.610, 28.58.610.] 28A.320.090 Additional notes found at www.leg.wa.gov 28A.320.092 Unsolicited information about learning programs—Prohibition on providing to persons who file a declaration of intent to cause a child to receive homebased instruction—Exceptions. School districts are prohibited from advertising, marketing, and otherwise providing unsolicited information about learning programs offered by the school district, including but not limited to digital learn28A.320.092 (2010 Ed.) Provisions Applicable to all Districts ing programs, part-time enrollment opportunities, and other alternative learning programs, to students and their parents who have filed a declaration of intent to cause a child to receive home-based instruction under RCW 28A.200.010. School districts may respond to requests for information that are initiated by a parent. This section does not apply to general mailings or newsletters sent by the school district to all households in the district. [2009 c 190 § 1.] 28A.320.100 Actions against officers, employees or agents of school districts and educational service districts—Defense, costs, fees—Payment of obligation. Whenever any action, claim or proceeding is instituted against any director, officer, employee or agent of a school district or educational service district arising out of the performance or failure of performance of duties for, or employment with any such district, the board of directors of the school district or educational service district board, as the case may be, may grant a request by such person that the prosecuting attorney and/or attorney of the district’s choosing be authorized to defend said claim, suit or proceeding, and the costs of defense, attorney’s