title: RCW 28A.245.005

text:
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 s 1.]

catchline: Findings.


doc_type: statute

jurisdiction: wa

title: RCW 28A.245.010

text:
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, 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 s 2.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Skill centers—Purpose—Operation.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.245.020

text:
(1) 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 six-tenths 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.
(2)(a) A rural satellite skill center must report direct enrollment and receive direct funding if it meets the following criteria:
(i) The center is located at least thirty miles from a core campus or other satellite program and enrolls students from a minimum of two school districts;
(ii) The center is solely responsible for hiring staff and covering all staffing costs;
(iii) The center is solely responsible for providing facilities, equipment, materials, supplies, and training;
(iv) The center has demonstrated the ability to build successful community and local business partnerships;
(v) The center has been operational and has secured agreements for at least one year with two or more rural districts in the area to accept and enroll students in the center, has completed the required feasibility study, and has secured commitments from local businesses or industries;
(vi) The career and technical education advisory committee and the local school district board of directors recommend and support the direct funding; and
(vii) The center shares liability of all reviews for the purposes of auditing and the consolidated program review including state and federal monitoring of the career and technical education programs.
(b) A core campus skill center may receive, for administrative purposes, up to seven percent of the funding provided to a partnered rural satellite skill center under (a) of this subsection.
(c) A core campus skill center may charge the annually required per-pupil facility fee consistent with RCW 28A.245.100 related to minor repair and maintenance capital accounts as negotiated in the interdistrict cooperative agreement.
(3) For the purposes of this section, "rural," consistent with the definition in the small, rural school achievement program and the rural education achievement program eligibility criteria, means:
(a) A local education agency that serves only schools that have a national center for education statistics school locale code of forty-one, forty-two, or forty-three; or
(b) A local education agency that is located entirely within counties with a population density less than one hundred persons per square mile or counties smaller than two hundred twenty-five square miles as determined and published by the office of financial management each year for the period of July 1st to June 30th.
[ 2019 c 197 s 1; 2007 c 463 s 3.]

catchline: Funding—Equivalency and apportionment.


title: RCW 28A.245.030

text:
(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. 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 s 302; 2007 c 463 s 4.]
Notes:
Effective date—2008 c 179: See RCW 28A.527.902.

catchline: Revised guidelines for skill centers—Satellite and branch campus programs—Capital plan—Studies—Master plan—Rules.


title: RCW 28A.245.040

text:
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 s 5.]


title: RCW 28A.245.050

text:
(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 s 6.]

catchline: Skill centers of excellence—Running start for career and technical education grant program—Career and technical programs of study.


title: RCW 28A.245.060

text:
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 s 7; 2007 c 463 s 7.]

catchline: Director of skill centers.


title: RCW 28A.245.070

text:
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 s 203.]
Notes:
Findings—Intent—2008 c 170: See RCW 28A.700.005.

catchline: High school diplomas—Agreements with cooperating school districts—High school completion programs.


title: RCW 28A.245.080

text:
(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 s 304.]
Notes:
Findings—Intent—2008 c 170: See RCW 28A.700.005.

catchline: Contracts with community or technical colleges—Courses leading to industry certificates or credentials for high school graduates.


title: RCW 28A.245.090

text:
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 s 3. Formerly RCW 28C.22.020.]

catchline: Contracts with community colleges—Enrollment lid—Fees.


title: RCW 28A.245.100

text:
A host district of a cooperative skill center must maintain a separate minor repair and maintenance capital account for facilities constructed or renovated with state funding. Participating school districts must make annual deposits into the account to pay for future minor repair and maintenance costs of those facilities. The host district has authority to collect those deposits by charging participating districts an annual per-pupil facility fee.
[ 2017 c 187 s 1.]

catchline: Minor repair and maintenance capital accounts.


title: RCW 28A.245.110

text:
(1) An interdistrict cooperative agreement between all participating school districts in a skill center under RCW 28A.245.010 must stipulate that any approved state and local equivalency courses offered by the host school district must be honored as equivalency courses by all school districts participating in the skill center.
(2) The list of approved local and state equivalency courses of the host school district must be provided by the host district to participating districts on an annual basis by September 1st.
(3) Students served at any core, branch, or satellite skill center campus must have access to academic credit for any approved local or state equivalency courses offered at those sites and in accordance with transcription requirements in RCW 28A.230.097.
[ 2023 c 407 s 1.]

catchline: Equivalency courses recognition, distribution, and access.


title: RCW 28A.250.005

text:
(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-to-teacher ratios, prior course completion rates, and other evaluative information;
(b) Create an approval process for 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.
[ 2011 1st sp.s. c 34 s 4; 2009 c 542 s 1.]
Notes:
Finding—Intent—2011 1st sp.s. c 34: See RCW 28A.232.005.

catchline: Findings—Intent.


title: RCW 28A.250.010

text:
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 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 or grade-level coursework where:
(i) More than half of the course content is delivered electronically using the internet or other computer-based methods;
(ii) More than half of the teaching is conducted from a remote location through an online course learning management system or other online or electronic tools;
(iii) A certificated teacher has the primary responsibility for the student's instructional interaction. Instructional interaction between the teacher and the student includes, but is not limited to, direct instruction, review of assignments, assessment, testing, progress monitoring, and educational facilitation; and
(iv) Students have access to the teacher synchronously, asynchronously, or both.
(b) "Online school program" means a school program that offers a sequential set of online courses or grade-level coursework that may be taken in a single school term or throughout the school year in a manner that could provide a full-time basic education program if so desired by the student. Students may enroll in the program as part-time or full-time students.
(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.232.010 and associated rules adopted by the superintendent of public instruction to qualify for state basic education funding.
(3) "Online provider" means any provider of an online course or program, including multidistrict online providers, all school district online learning programs, and all regional online learning programs.
[ 2013 2nd sp.s. c 18 s 504; 2011 1st sp.s. c 34 s 5; 2009 c 542 s 2.]
Notes:
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Finding—Intent—2011 1st sp.s. c 34: See RCW 28A.232.005.

catchline: Definitions.


title: RCW 28A.250.020

text:
(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 online providers; a process for monitoring and if necessary rescinding the approval of courses or programs offered by an online provider; and an appeals process. The criteria and processes for multidistrict online providers 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, or are candidates for accreditation, through the Northwest accreditation commission or another national, regional, or state accreditation program listed by the office of the superintendent of public instruction. 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 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 whether credit meets the school district's graduation requirements shall remain the responsibility of the school districts.
(3) Initial approval of 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 requirements. 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. The first round of decisions regarding approval of online providers that are not multidistrict online providers shall be made by April 1, 2013. 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 website, 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.
[ 2013 2nd sp.s. c 18 s 505; 2011 1st sp.s. c 34 s 6; 2009 c 542 s 3.]
Notes:
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Finding—Intent—2011 1st sp.s. c 34: See RCW 28A.232.005.

catchline: Multidistrict online providers—Approval criteria—Advisory committee.


title: RCW 28A.250.030

text:
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 website that provides objective information for students, parents, and educators regarding online learning opportunities offered by online providers that have been approved in accordance with RCW 28A.250.020. The website 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 website, 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 website shall also provide information regarding the process and criteria for approving online providers. To the greatest extent possible, the superintendent shall use the framework of the course offering component of the website developed by the digital learning commons;
(2) Develop model agreements with approved 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 online providers to offer the online 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.
[ 2011 1st sp.s. c 34 s 7; 2009 c 542 s 4.]
Notes:
Finding—Intent—2011 1st sp.s. c 34: See RCW 28A.232.005.

catchline: Office of online learning—Duties.


title: RCW 28A.250.040

text:
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 s 5.]

catchline: Duties of the superintendent of public instruction.


title: RCW 28A.250.048

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 18.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.

catchline: Condensed compliance reports—Second-class districts.


title: RCW 28A.250.050

text:
(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.
(2) School districts must award credit and grades for online high school courses successfully completed by a student that meet the school district's graduation requirements and are provided by an approved online provider.
(3) 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.
(4) 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.
[ 2013 2nd sp.s. c 18 s 506; 2011 1st sp.s. c 34 s 11; 2009 c 542 s 6.]
Notes:
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Finding—Intent—2011 1st sp.s. c 34: See RCW 28A.232.005.

catchline: Student access to online courses and online learning programs—Policies and procedures—Course credit—Dissemination of information—Development of local or regional online learning programs.


title: RCW 28A.250.060

text:
(1) Beginning with the 2011-12 school year, school districts may claim state funding under RCW 28A.232.020, 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) Beginning with the 2013-14 school year, school districts may claim state funding under RCW 28A.232.020, to the extent otherwise allowed by state law, for students enrolled in online courses or programs only if the online courses or programs are offered by an online provider approved under RCW 28A.250.020 by the superintendent of public instruction.
(3) 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.
[ 2013 2nd sp.s. c 18 s 507; 2011 1st sp.s. c 34 s 8; 2009 c 542 s 7.]
Notes:
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Finding—Intent—2011 1st sp.s. c 34: See RCW 28A.232.005.

catchline: Availability of state funding for students enrolled in online courses or programs.


title: RCW 28A.250.070

text:
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 alternative learning experience programs. The office of online learning under RCW 28A.250.030 shall develop a standard form, which must be used by all school districts, for releasing a student to a nonresident school district for the purposes of enrolling in an alternative learning experience program.
[ 2017 c 291 s 8; 2013 2nd sp.s. c 18 s 508; 2009 c 542 s 8.]
Notes:
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.

catchline: Rights of students to attend nonresident school district for the purposes of enrolling in alternative learning experience programs—Standard release form.


title: RCW 28A.250.080

text:
An online school program may request a waiver from the office of the superintendent of public instruction to administer one or more sections of the statewide student assessment for grades three through eight for some or all students enrolled in the program on alternate days or on an alternate schedule, as long as the administration is within the testing period established by the office. The office may deny a request for a waiver if the online school program's proposal does not maintain adequate test security or would reduce the reliability of the assessment results by providing an inequitable advantage for some students.
[ 2013 2nd sp.s. c 18 s 509.]
Notes:
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.

catchline: Administration of statewide student assessment—Waiver of scheduled dates.


title: RCW 28A.250.090

text:
(1) Beginning in the 2027-28 school year, school districts with online school programs may provide all students within those programs with the ability to complete statewide assessments remotely.
(2)(a) By April 1, 2027, the office of the superintendent of public instruction shall develop or review and update as necessary assessment administration and security policies to support remote testing options for students enrolled in online school programs including the remote administration of statewide academic assessments. The policies required by this subsection (2), at a minimum, must address:
(i) Required qualifications for testing personnel;
(ii) The maximum ratio of students to proctors;
(iii) Requirements for remote testing environments, including restrictions on access to devices and persons, and procedures for monitoring students completing tests;
(iv) Device and network requirements; and
(v) Parental consent and agreement forms.
(b) The office of the superintendent of public instruction shall periodically review and revise as necessary the policies required by this subsection (2).
(3) The office of the superintendent of public instruction shall adopt and revise as necessary rules to implement this section. When adopting rules in accordance with this section, the office of the superintendent of public instruction is encouraged to consider utilizing pilot rule making as provided in RCW 34.05.310.
(4) For the purposes of this section:
(a) "Device" means any electronic equipment, including computers, tablets, and smartphones, used for test administration; and
(b) "Statewide assessments" and "statewide academic assessments" means the general and alternate academic achievement assessments administered statewide for English language arts, mathematics, and science.
[ 2025 c 251 s 2.]
Notes:
Findings—Intent—2025 c 251: "The legislature finds that students enrolled in online school programs are required to travel to designated testing sites for state assessments. This travel can impose significant burdens on students and families, including requiring parents or guardians to take time off from work, travel long distances, and incur costs for accommodations and meals.
As a result of these burdens, some parents have chosen to excuse their students from taking state assessments. These choices, however, impact the ability of educators and the state to measure the academic progress of these students.
The legislature finds that to ensure equitable access to state assessments and to uphold their integrity, the state must permit remote testing options for students enrolled in online school programs that align with the students' online instruction environments.
The legislature, therefore, intends to expressly permit school districts to offer remote testing options for students enrolled in online education programs to reduce barriers to assessment participation, and maintain fairness, equity, and security in the assessment process." [ 2025 c 251 s 1.]

catchline: Remote administration of statewide academic assessments authorized—Rules—Definitions.


title: RCW 28A.255.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Competencies" mean the rigorous, shared expectations for learning that encompass knowledge, skills, and abilities across grade levels. Competencies are broader than learning standards and may encompass multiple learning standards. Competencies are transparent, measurable, relevant, and transferable to multiple contexts.
(2)(a) "Competency-based education" means education that includes the following elements:
(i) Students are empowered daily to make important decisions about their learning experiences, how they will create and apply knowledge, and how they will demonstrate their learning;
(ii) Assessment is a meaningful, positive, and empowering learning experience for students that yields timely, relevant, and actionable evidence;
(iii) Students receive timely, differentiated support based on their individual learning needs;
(iv) Students progress based on evidence of mastery, not seat time;
(v) Students learn actively using different pathways and varied pacing;
(vi) Strategies to ensure equity for all students are embedded in the culture, structure, and pedagogy of schools and education systems; and
(vii) Rigorous, common expectations for learning, including knowledge, skills, and dispositions, are explicit, transparent, measurable, and transferable.
(b) "Mastery-based learning" has the same meaning as "competency-based education."
[ 2025 c 278 s 1.]


title: RCW 28A.255.020

text:
(1) By September 1, 2025, the office of the superintendent of public instruction shall adopt rules to authorize full-time enrollment funding for students enrolled in competency-based education programs identified by the state board of education based on:
(a) School membership in the mastery-based learning collaborative established in section 502(2), chapter 334, Laws of 2021 or the school having a current waiver from credit-based graduation requirements granted by the state board of education under RCW 28A.300.750; or
(b) The process developed by the state board of education under RCW 28A.255.030.
(2) Rules adopted pursuant to this section must permit school districts to report full-time equivalent students in eligible competency-based education programs for general apportionment funding.
[ 2025 c 278 s 2.]

catchline: Enrollment funding—Rule making.


title: RCW 28A.255.030

text:
(1) The state board of education shall design and recommend a process to identify and designate schools and school districts that are implementing competency-based education and identify costs associated with this process. This process must consider the extent to which competency-based education is being implemented as compared to the seven elements of the definition in RCW 28A.255.010. The office of the superintendent of public instruction shall consult with the state board of education on how this designation can be displayed on the Washington state report card website.
(2) The office of the superintendent of public instruction, in consultation with the state board of education, shall develop and recommend a process for the office of the superintendent of public instruction to create competencies aligned with the state learning standards and identify costs associated with this process. This process must incorporate relevant materials and guidance developed through the mastery-based learning collaborative established in section 502(2), chapter 334, Laws of 2021. The office of the superintendent of public instruction shall submit the recommendations and associated costs developed in accordance with this subsection to the state board of education by December 1, 2025.
(3) The state board of education shall include the recommendations and associated costs developed in accordance with this section in the report required by section 502(2), chapter 475, Laws of 2023 that is due December 31, 2025.
[ 2025 c 278 s 3.]

catchline: Implementation process and competencies creation—Reports.


title: RCW 28A.255.040

text:
The Washington interscholastic activities association shall include in its rule adoption process a review of whether the rule would create any potential barriers related to students participating in competency-based education in order to ensure continued equitable access to interscholastic activities for those students.
[ 2025 c 278 s 4.]

catchline: Equitable access to interscholastic activities—Rule making.


title: RCW 28A.300.010

text:
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 s 250; 1969 ex.s. c 223 s 28A.03.010. Prior: 1909 c 97 p 231 s 1; RRS s 4521; prior: 1897 c 118 s 20; 1891 c 127 s 1; 1890 p 348 s 3; Code 1881 s 3154; 1873 p 419 s 1; 1861 p 55 s 1. Formerly RCW 28A.03.010, 28.03.010, 43.11.010.]

catchline: Election—Term of office.


title: RCW 28A.300.020

text:
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 s 403; 1996 c 25 s 2; 1969 ex.s. c 223 s 28A.03.020. Prior: 1967 c 158 s 3; 1909 c 97 p 234 s 4; RRS s 4524; prior: 1905 c 56 s 1; 1903 c 104 s 10; 1897 c 118 s 23; 1890 p 351 s 5. Formerly RCW 28A.03.020, 28.03.020, 43.11.020.]
Notes:
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.

catchline: Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel.


title: RCW 28A.300.030

text:
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 s 46; 1971 ex.s. c 282 s 29. Formerly RCW 28A.03.028.]
Notes:
Severability—1971 ex.s. c 282: See note following RCW 28A.310.010.

catchline: Assistance of educational service district boards and superintendents—Scope.


title: RCW 28A.300.035

text:
If the superintendent of public instruction, the Washington professional educator standards board, 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.
[ 2017 c 17 s 1; 1994 c 113 s 1; 1990 c 33 s 147; 1973 1st ex.s. c 3 s 1. Formerly RCW 28A.160.220, 28A.41.180.]

catchline: Assistance of certificated or classified employee—Reimbursement for substitute.


title: RCW 28A.300.039

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 19.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.


title: RCW 28A.300.040

text:
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 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;
(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;
(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 ensure the effective delivery and administration of basic education services to justice-involved students and to improve their educational outcomes, both as required by RCW 28A.190.150; and
(17) To perform such other duties as may be required by law.
[ 2025 c 70 s 1; 2023 c 303 s 3; 2011 1st sp.s. c 43 s 302; 2009 c 556 s 10; 2006 c 263 s 104; 2005 c 360 s 6; 1999 c 348 s 6; 1992 c 198 s 6; 1991 c 116 s 2; 1990 c 33 s 251; 1982 c 160 s 2; 1981 c 249 s 1; 1977 c 75 s 17; 1975 1st ex.s. c 275 s 47; 1971 ex.s. c 100 s 1; 1969 ex.s. c 176 s 102; 1969 ex.s. c 223 s 28A.03.030. Prior: 1967 c 158 s 4; 1909 c 97 p 231 s 3; RRS s 4523; prior: 1907 c 240 s 1; 1903 c 104 s 9; 1901 c 177 s 5; 1901 c 41 s 1; 1899 c 142 s 4; 1897 c 118 s 22; 1891 c 127 ss 1, 2; 1890 pp 348-351 ss 3, 4; Code 1881 ss 3155-3160; 1873 p 419 ss 2-6; 1861 p 55 ss 2, 3, 4. Formerly RCW 28A.03.030, 28.03.030, 43.11.030.]
Notes:
Findings—Intent—2023 c 303: See note following RCW 28A.190.150.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
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.
Severability—1982 c 160: "If any provision of this amendatory 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." [ 1982 c 160 s 4.]
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Studies—1969 ex.s. c 283: "The superintendent of public instruction is directed to develop, prepare and make available information as follows:
(1) A budgetary study of the fiscal impact which would result from payment to substitute teachers, who are on a continuing basis of twelve or more days within any calendar month, at a rate of pay commensurate with their training and experience and at a per diem salary in proportion to the salary for which that teacher would be eligible as a full time teacher;
(2) A study showing the percentage of high school graduates who go on to an institution of higher education, including community colleges, the distribution of such students, and the percentage thereof which continue in higher education through the various grades or years thereof; and
(3) A study of the fiscal impact of establishing one hundred and eighty days as the base salary period for all contracts with certificated employees." [ 1969 ex.s. c 283 s 8.]
Severability—1969 ex.s. c 283: See note following RCW 28A.150.050.

catchline: Powers and duties.


title: RCW 28A.300.0401

text:
(1) The office of the superintendent of public instruction shall, where it is practicable to do so within available resources, prepare school district fiscal notes on proposed legislation that increases or decreases, or tends to increase or decrease, school district revenues or expenditures in a manner that uniquely affects school districts. Proposed legislation that uniquely affects school districts includes, but is not limited to, legislation that affects school districts' responsibilities as providers of educational services under this title, as employers under chapter 41.59 RCW, or as excess levy taxing authorities under RCW 84.52.053 and 84.52.0531, but excludes proposed legislation that affects school districts only in the same manner that it affects other units of local government.
(2) Where practicable, the school district fiscal note shall show the fiscal impact of the proposed legislation on each school district. Where it is not practicable to do so, the school district fiscal note shall show the effect of the legislation on a range of representative school districts. The fiscal note must set forth any assumptions that were used in selecting the representative districts, along with any other assumptions made about the fiscal impact.
(3) School district fiscal notes prepared under this section are subject to coordination by the office of financial management under RCW 43.88A.020 and are otherwise subject to the requirements and procedures of chapter 43.88A RCW.
[ 2011 c 140 s 3.]

catchline: School district fiscal notes.


title: RCW 28A.300.041

text:
(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;
(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 state-required 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 s 1.]

catchline: Statewide student assessment system—Redesign—Reports to the legislature.


title: RCW 28A.300.042

text:
(1) The superintendent of public instruction must collect and school districts must submit all student-level data using the United States department of education 2007 race and ethnicity reporting guidelines, including the subracial and subethnic categories within those guidelines, with the following modifications:
(a) Further disaggregation of the Black category to differentiate students of African origin and students native to the United States with African ancestors;
(b) Further disaggregation of countries of origin for Asian students;
(c) Further disaggregation of the White category to include subethnic categories for Eastern European nationalities that have significant populations in Washington; and
(d) For students who report as multiracial, collection of their racial and ethnic combination of categories.
(2) Beginning with the 2017-18 school year, school districts shall collect student-level data as provided in subsection (1) of this section for all newly enrolled students, including transfer students. When the students enroll in a different school within the district, school districts shall resurvey the newly enrolled students for whom subracial and subethnic categories were not previously collected. School districts may resurvey other students.
(3) 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, highly capable, transitional bilingual, migrant, special education, and students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794).
(4) All student data-related reports prepared by the superintendent of public instruction regarding student suspensions and expulsions as required under this title are subject to disaggregation by subgroups including:
(a) Gender;
(b) Foster care;
(c) Homeless, if known;
(d) School district;
(e) School;
(f) Grade level;
(g) Behavior infraction code, including:
(i) Bullying;
(ii) Tobacco;
(iii) Alcohol;
(iv) Illicit drug;
(v) Fighting without major injury;
(vi) Violence without major injury;
(vii) Violence with major injury;
(viii) Possession of a weapon; and
(ix) Other behavior resulting from a short-term or long-term suspension, expulsion, or interim alternative education setting intervention;
(h) Intervention applied, including:
(i) Short-term suspension;
(ii) Long-term suspension;
(iii) Emergency removal;
(iv) Expulsion;
(v) Interim alternative education settings;
(vi) No intervention applied; and
(vii) Other intervention applied that is not described in this subsection (4)(h);
(i) Number of days a student is suspended or expelled, to be counted in half or full days; and
(j) Any other categories added at a future date by the data governance group.
(5) All student data-related reports required of the superintendent of public instruction regarding student suspensions and expulsions as required in RCW 28A.300.046 are subject to cross-tabulation at a minimum by the following:
(a) School and district;
(b) Race, low income, highly capable, special education, transitional bilingual, migrant, foster care, homeless, students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794), and categories to be added in the future;
(c) Behavior infraction code; and
(d) Intervention applied.
(6) The K-12 data governance group shall develop the data protocols and guidance for school districts in the collection of data as required under this section, and the office of the superintendent of public instruction shall modify the statewide student data system as needed. The office of the superintendent of public instruction shall also incorporate training for school staff on best practices for collection of data under this section in other training or professional development related to data provided by the office.
[ 2023 c 265 s 6; 2023 c 242 s 8; 2016 c 72 s 501; 2013 2nd sp.s. c 18 s 307; 2009 c 468 s 4.]
Notes:
Reviser's note: This section was amended by 2023 c 242 s 8 and by 2023 c 265 s 6, 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).
Finding—Intent—2023 c 265: See note following RCW 28A.185.020.
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Findings—Intent—2009 c 468: See note following RCW 28A.300.136.

catchline: Collection and submittal of student-level data—Student data-related reports—Disaggregation of data by subgroups—Modification of statewide student data systems.


title: RCW 28A.300.045

text:
The superintendent of public instruction shall adopt rules relating to pupil tests and records.
[ 2006 c 263 s 704.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Pupil tests and records—Rules.


title: RCW 28A.300.046

text:
(1)(a) The superintendent of public instruction shall adopt rules establishing a standard definition of student absence from school. By the beginning of the 2022-23 school year, the rules must categorize an absence for a mental health reason as an excused absence due to illness, health condition, or medical appointment.
(b) In developing the rules, the superintendent shall review current practices in Washington school districts, definitions used in other states, and any national standards or definitions used by the national center for education statistics or other national groups. Prior to filing notice of the rules under RCW 34.05.320, the superintendent shall consult with the graduation: a team effort partnership advisory committee established under RCW 28A.175.075 and a student advisory group with membership as described in (c) of this subsection.
(c) The superintendent shall develop and publish guidelines for public schools to implement the definition of student absence from school adopted under this section. The superintendent must consider including guidance for schools to integrate their responses to student excused absences for physical and mental health into their support systems for student well-being. In developing the guidelines, the superintendent shall consult with a student advisory group whose members are directly impacted by student absence rules and policies and who represent the diversity of the public school population, including diversity in gender identity, family income, race and ethnicity, and geography, among other characteristics. The advisory group must also include a member of the legislative youth advisory council appointed by the lieutenant governor.
(d) Using the definition of student absence adopted under this section, the superintendent shall establish an indicator for measuring student attendance in high schools for purposes of the PASS program under RCW 28A.175.130.
(2)(a) The K-12 data governance group under RCW 28A.300.507 shall establish the parameters and an implementation schedule for statewide collection through the comprehensive education and data research system of: (i) Student attendance data using the definitions of student absence adopted under this section; and (ii) student discipline data with a focus on suspensions and expulsions from school.
(b) Student suspension and expulsion data collected for the purposes of this subsection (2) must be:
(i) Made publicly available and easily accessible on the superintendent of public instruction's website; and
(ii) Disaggregated and cross-tabulated as established under RCW 28A.300.042.
(c) School districts must collect and submit student attendance data and student discipline data for high school students through the comprehensive education and data research system for purposes of the PASS program under RCW 28A.175.130 beginning in the 2012-13 school year.
[ 2022 c 31 s 2; 2013 2nd sp.s. c 18 s 306; 2011 c 288 s 10.]
Notes:
Finding—Intent—2022 c 31: "After hearing from youth across the state of Washington, the legislature recognizes that students' mental health is a component of their physical health and that students' mental health can affect their ability to learn. The legislature finds that school districts are not consistently recognizing student absences for mental health reasons as excused absences. Therefore, the legislature intends to require that student absences for mental health reasons be categorized as excused absences." [ 2022 c 31 s 1.]
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.

catchline: "Student absence from school"—Rules—Collection of attendance and discipline data.


title: RCW 28A.300.050

text:
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 s 819; 1990 c 33 s 252; 1987 c 525 s 227. Formerly RCW 28A.03.375.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—Short title—1987 c 525 ss 202-233: See notes following RCW 28A.410.040.
Severability—1987 c 525: "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." [ 1987 c 525 s 305.]

catchline: Assistance to professional educator standards board for activities involving professional educator excellence.


title: RCW 28A.300.060

text:
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 s 3; 1990 c 33 s 253; 1975-'76 2nd ex.s. c 118 s 23; 1975 1st ex.s. c 5 s 1. Formerly RCW 28A.03.350.]
Notes:
Severability—1975-'76 2nd ex.s. c 118: See note following RCW 28A.505.010.

catchline: Studies and adoption of classifications for school district budgets—Publication.


title: RCW 28A.300.065

text:
(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.
(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 s 202.]

catchline: Classification and numbering system of school districts.


title: RCW 28A.300.070

text:
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 s 28A.02.100. Prior: 1943 c 220 s 4; Rem. Supp. 1943 s 5109-4. Formerly RCW 28A.02.100, 28.02.100.]

catchline: Receipt of federal funds for school purposes—Superintendent of public instruction to administer.


title: RCW 28A.300.071

text:
The office of the superintendent of public instruction shall post on its website a prominent link to the complaint resolution and referral access point maintained by the office of the education ombuds, described in RCW 43.06B.070.
[ 2024 c 219 s 2.]

catchline: Posting of complaint resolution and referral access point.


title: RCW 28A.300.0711

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.300.0712 through 28A.300.0714.
(1) "Broad complaint" means a complaint that impacts an entire student body, an entire subgroup of students within a student body, an entire school, or an entire school district.
(2) "Limited complaint" means a complaint that impacts one or more individual students.
(3) "Negligent" means the failure to exercise ordinary care by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, and the actor knew or reasonably should have known that the failure to exercise ordinary care would result in noncompliance with state law as defined in this section.
(4) "Noncompliance with state law" means action or inaction by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, that results in noncompliance with the following state laws, which are intended to ensure academic rights and protections for students in the educational environment:
(a) State civil rights and nondiscrimination, including the nondiscrimination and sexual equality laws and model policy and procedure requirements related to protecting students' rights as established in chapters 28A.640 and 28A.642 RCW;
(b) "Harassment, intimidation, or bullying" requirements as established in RCW 28A.600.477;
(c) Curriculum requirements as described in RCW 28A.150.230, 28A.300.475, and 28A.320.170; the policies and procedures related to the selection or deletion of instructional materials required in RCW 28A.320.230; and the review and removal of supplemental instructional materials required in RCW 28A.320.235;
(d) The use of restraint or isolation on a student as described in RCW 28A.600.485; or
(e) Student discipline as described in chapter 28A.600 RCW.
(5) "Willful" means nonaccidental action or inaction by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, that the actor knew or reasonably should have known would result in noncompliance with state law.
[ 2025 c 369 s 302.]
Notes:
Rule-making authority—2025 c 369 ss 302-305, 312, and 313: "The office of the superintendent of public instruction may enact rules for implementation of sections 302 through 305, 312, and 313 of this act." [ 2025 c 369 s 306.]
Intent—2025 c 369 ss 301-315: "(1) The legislature acknowledges and supports the importance of local control for school district governance. Local school boards and superintendents are in the best position to effectively and quickly respond to the needs of their communities. However, local control is not absolute and must also be balanced against the need to ensure all students have access to a healthy, safe learning environment that celebrates and protects their diversity and civil rights. There are certain areas of state law that are critically important to ensuring every student has equal access to this type of supportive and responsive learning environment.
(2) The legislature is aware that some school districts are intentionally not complying with certain requirements in state law and that this noncompliance is negatively impacting students. School board members and superintendents are uniquely responsible for ensuring that their school district is in compliance with those state laws and members of the school district should have a mechanism to hold those individuals accountable if state laws are not followed.
(3) The legislature therefore intends to establish a complaint process for students, parents, and community members to address willful noncompliance with certain state laws that are necessary for protecting the health, safety, and civil rights of students in order to ensure every student has access to a positive learning environment." [ 2025 c 369 s 301.]
Effective date—2025 c 369: See note following RCW 28A.320.209.

catchline: Willful noncompliance with state law—Definitions.


title: RCW 28A.300.0712

text:
(1) By July 1, 2026, the office of the superintendent of public instruction must establish a process to investigate and secure equitable resolutions for two types of complaints alleging willful noncompliance with the state laws listed in RCW 28A.300.0711(4):
(a) Limited complaints; and
(b) Broad complaints.
(2)(a)(i) Any student who is enrolled in the school district or any parent or legal guardian who has a student enrolled in the school district may file a limited or broad complaint with the office of the superintendent of public instruction alleging willful noncompliance with a state law listed in RCW 28A.300.0711(4).
(ii) Anyone residing within the boundaries of the school district may file a broad complaint with the office of the superintendent of public instruction alleging willful noncompliance with a state law listed in RCW 28A.300.0711(4).
(b) Limited and broad complaints may be filed against a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors.
(c) Before a person may file a complaint with the office of the superintendent of public instruction, the person must exhaust available complaint procedures, if such procedures exist, including procedures established under state law including, but not limited to, RCW 28A.320.124, 28A.320.230, 28A.410.090, 28A.600.477, 28A.640.020, and 28A.642.030, and local policy and procedure. If there are no complaint procedures available, the person who intends to file the complaint must provide notice of the complaint to the local school district superintendent before filing the complaint with the office of the superintendent of public instruction.
(3)(a) The office of the superintendent of public instruction must adopt rules that ensure due process regarding the complaint process, timelines, compliance action plans, and consequences established under this section and RCW 28A.300.0713 and 28A.300.0714.
(b)(i) The office of the superintendent of public instruction must consult with the state board of education to build a connection between the rules adopted under this subsection and the state board of education's rules on basic education compliance established under RCW 28A.150.220 for complaints regarding willful noncompliance with curriculum requirements as described in RCW 28A.300.0711(4)(c).
(ii) The office of the superintendent of public instruction must consult with the office of the education ombuds about how to include the complaint process established under this section into the simple and uniform access point for the receipt of complaints created under RCW 43.06B.070.
(c) The office of the superintendent of public instruction may adopt rules to expedite the investigation of complaints related to an immediate health or safety concern.
(d) The office of the superintendent of public instruction may not take action against a school district or school district superintendent under the provisions established in RCW 28A.300.0714 unless there is evidence that the school district superintendent, school district board of directors, or individual member or members of a board of directors acted in a willful manner or the school district has received a second notice of continued noncompliance.
[ 2025 c 369 s 303.]
Notes:
Rule-making authority—2025 c 369 ss 302-305, 312, and 313: See note following RCW 28A.300.0711.
Intent—2025 c 369 ss 302-315: See note following RCW 28A.300.0711.
Effective date—2025 c 369: See note following RCW 28A.320.209.

catchline: Willful noncompliance with state law—Complaint process.


title: RCW 28A.300.0713

text:
(1)(a) Upon receipt of a complaint filed under RCW 28A.300.0712, the office of the superintendent of public instruction must make an initial determination as to whether the complaint reasonably contains enough facts to allege noncompliance with state law as defined in RCW 28A.300.0711 and whether other available complaint procedures have been exhausted as required by RCW 28A.300.0712.
(b) If the requirements in (a) of this subsection are met, the office of the superintendent of public instruction shall conduct a full investigation of the allegations in the complaint.
(c) If the requirements in (a) of this subsection are not met, the office of the superintendent of public instruction shall notify the complainant of that finding and is not required to investigate further.
(2)(a) If, after a full investigation as required under subsection (1)(b) of this section, the office of the superintendent of public instruction finds noncompliance with state law, but determines the noncompliance is not willful, the office of the superintendent of public instruction shall provide the school district with a first notice stating its determination of noncompliance and identify corrective actions and a timeline that the school district may take to come into compliance.
(b) If the school district fails to comply with the corrective actions identified in the first notice within the prescribed timeline, the office of the superintendent of public instruction shall provide the school district a second notice stating that continued failure to comply with corrective actions may result in consequences as established in RCW 28A.300.0714. Upon receipt of a second notice, the school district superintendent and school district board of directors must adopt and submit a compliance action plan to the office of the superintendent of public instruction for approval. The compliance action plan must describe how the school district will implement the corrective actions identified by the office of the superintendent of public instruction. Unless otherwise required by subsection (4) of this section, the compliance action plan must be submitted under a timeline as required by the office of the superintendent of public instruction.
(c) Before submitting the compliance action plan to the office of the superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified without their consent, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws.
(3)(a) If, after a full investigation as required under subsection (1)(b) of this section, the office of the superintendent of public instruction finds willful noncompliance with state law, the office of the superintendent of public instruction shall provide the school district with a first notice stating its determination of willful noncompliance and identify corrective actions and a timeline that the school district may take to come into compliance. Upon receipt of the first notice, the school district board of directors shall hold a public meeting to present the finding of willful noncompliance with state law, the identified corrective actions and timeline for those actions, and take public comment on what additional actions the public thinks may be needed to come into compliance with state law.
(b) If the school district fails to comply with the corrective actions identified in the first notice within the prescribed timeline, the office of the superintendent of public instruction shall provide the school district a second notice stating that continued failure to comply with corrective actions may result in consequences as established in RCW 28A.300.0714. Upon receipt of a second notice, the school district superintendent and school district board of directors must adopt and submit a compliance action plan to the office of the superintendent of public instruction for approval. The compliance action plan must describe how the school district will implement the corrective actions identified by the office of the superintendent of public instruction. Unless otherwise required by subsection (4) of this section, the compliance action plan must be submitted under a timeline as required by the office of the superintendent of public instruction. The compliance action plan must be developed in collaboration with the office of the superintendent of public instruction. In developing the compliance action plan, the school district must provide school district administrators, teachers, and other staff, parents of children attending a school within the school district, unions representing employees within the school district, students from the school district, and other impacted communities as appropriate with an opportunity to provide input on the development of the plan.
(c) Before submitting the compliance action plan to the office of the superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified without their consent, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws.
(d) After submission and approval of the compliance action plan, the school district shall conduct additional public meetings with an opportunity for public comment at least once every six months to present school district progress on implementation of the compliance action plan until the superintendent of public instruction finds that the school district has come into compliance with state law.
(4) A compliance action plan developed under this section must, at a minimum, include the following:
(a) A description of the changes in the school district's or school's existing policies, structures, agreements, processes, and practices needed to come into compliance with state law; and
(b) The timeline for coming into compliance with state law.
(5) Compliance action plans must be developed in accordance with chapters 41.56 and 41.59 RCW where applicable.
(6) The office of the superintendent of public instruction may develop and publish additional guidelines for the development of compliance action plans as required by this section for use by school districts.
[ 2025 c 369 s 304.]
Notes:
Rule-making authority—2025 c 369 ss 302-305, 312, and 313: See note following RCW 28A.300.0711.
Intent—2025 c 369 ss 302-315: See note following RCW 28A.300.0711.
Effective date—2025 c 369: See note following RCW 28A.320.209.

catchline: Willful noncompliance with state law—Investigation and determination—Compliance action plans.


title: RCW 28A.300.0714

text:
(1) The office of the superintendent of public instruction may impose any of the following consequences on a school district if the district has been sent a second notice under the provisions of RCW 28A.300.0713:
(a) Require the school district to adopt or readopt policies and procedures to come into compliance with state law;
(b) Find that a local school district superintendent committed an act of unprofessional conduct under RCW 28A.410.085 and may be held accountable for such conduct under rules established under RCW 28A.410.085; and
(c) As a last resort, withhold and redirect up to 20 percent of state funds allocated to the school district for basic education to support the compliance action plan required in RCW 28A.300.0713 until the office of the superintendent of public instruction finds that the school district has come into compliance with state law. The office of the superintendent of public instruction must consider the school district's overall financial health when determining the amount of funds to withhold and redirect under this subsection. Written notice of the intent to withhold and redirect state funds, with reasons stated for this action, must be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld and redirected.
(2) Willful or negligent noncompliance with state law constitutes a violation of the oath of office under RCW 29A.56.110, and a member of a board of directors may be subject to recall and discharge under chapter 29A.56 RCW.
(3) RCW 28A.300.0712 and 28A.300.0713 and this section do not restrict any existing authority the office of the superintendent of public instruction has to enforce compliance with state law, including health and safety requirements.
(4) Any party to a complaint may file a notice of appeal with the office of the superintendent of public instruction within 30 days of the final decision. An administrative law judge of the office of administrative hearings will hear and determine the appeal. Appeal proceedings must be conducted pursuant to chapter 34.05 RCW. An appeal of the administrative law judge's determination or order shall be to the superior court. The superior court's decision is subject only to discretionary review under the rules of appellate procedure.
[ 2025 c 369 s 305.]
Notes:
Rule-making authority—2025 c 369 ss 302-305, 312, and 313: See note following RCW 28A.300.0711.
Intent—2025 c 369 ss 302-315: See note following RCW 28A.300.0711.
Effective date—2025 c 369: See note following RCW 28A.320.209.

catchline: Willful noncompliance with state law—Consequences—Appeal.


title: RCW 28A.300.072

text:
(1) The intent of the legislature is to continue and rename transitional kindergarten as the transition to kindergarten program and that the program be established in statute with the goal of assisting eligible children in need of additional preparation to be successful kindergarten students in the following school year. The transition to kindergarten program is not part of the state's statutory program of basic education under RCW 28A.150.200.
(2)(a)(i) The office of the superintendent of public instruction shall administer the transition to kindergarten program and shall adopt rules under chapter 34.05 RCW for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program in accordance with this section.
(ii) When developing rules related to the allocation of state funding, the office of the superintendent of public instruction shall establish criteria for prioritizing:
(A) Schools located within extreme child care access deserts as determined by the department of children, youth, and families, except that the office of the superintendent of public instruction must prioritize funding for existing programs that serve students under subsection (2)(a)(ii)(B) of this section [(a)(ii)(B) of this subsection] before providing funding for new programs located within extreme child care access deserts; and
(B) Students who:
(I) Qualify for free or reduced-price meals or have a household income at or below 185 percent of the federal poverty level and lack access to licensed child care;
(II) Are eligible but not scheduled for enrollment in the early childhood education and assistance program or head start program;
(III) Are eligible for or receiving special education in accordance with the federal individuals with disabilities education act and chapter 28A.155 RCW; or
(IV) Are English learners or multilingual learners.
(b) School districts, charter schools, and state-tribal education compact schools operating a transition to kindergarten program shall adopt policies regarding eligibility, recruitment, and enrollment for this program that, at a minimum, meet the requirements of subsection (3) of this section.
(3) The rules adopted under subsection (2) of this section must include, at a minimum, the following requirements for school districts, charter schools, and state-tribal education compact schools operating a transition to kindergarten program:
(a)(i) A limitation on program enrollment to eligible children. Eligible children include only those who:
(A) Have been determined to benefit from additional preparation for kindergarten; and
(B) Are at least four years old by August 31st of the school year they enroll in the transition to kindergarten program;
(ii) A requirement, as practicable, for school districts, charter schools, and state-tribal education compact schools to prioritize families with the lowest incomes and children most in need for additional preparation to be successful in kindergarten when enrolling eligible children in a transition to kindergarten program;
(iii) Access to the transition to kindergarten program does not constitute an individual entitlement for any particular child;
(b) Except for children who have been excused from participation by their parents or legal guardians, a requirement that the Washington kindergarten inventory of developing skills as established by RCW 28A.655.080 be administered to all eligible children enrolled in a transition to kindergarten program at the beginning of the child's enrollment in the program and at least one more time during the school year;
(c) A requirement that all eligible children enrolled in a transition to kindergarten program be assigned a statewide student identifier and that the transition to kindergarten program be considered a separate class or course for the purposes of data reporting requirements in RCW 28A.320.175;
(d) A requirement that a local child care and early learning needs assessment is conducted before beginning or expanding a transition to kindergarten program that considers the existing availability and affordability of early learning providers, such as the early childhood education and assistance programs, head start programs, and licensed child care centers and family home providers in the region. Data available through the regionalized data dashboard maintained by the department of children, youth, and families or any other appropriate sources may be used to inform the needs assessment required by this subsection;
(e)(i) A requirement that school districts, charter schools, and state-tribal education compact schools adhere to guidelines, as developed by the office of the superintendent of public instruction, related to:
(A) Best practices for site readiness of facilities that are used for the program;
(B) Developmentally appropriate curricula designed to assist in maintaining high quality programs; and
(C) Professional development opportunities;
(ii) The office of the superintendent of public instruction must develop a process for conducting site visits of any school district, charter school, or state-tribal education compact school operating a transition to kindergarten program and provide feedback on elements listed in this subsection (3)(e);
(f) Authorization to charge sliding scale fees for enrollment in a transition to kindergarten program, except for students who are eligible for but not yet placed in the early childhood education and assistance program or the head start program, or for children with disabilities entitled to a free appropriate public education in accordance with the federal individuals with disabilities education act and chapter 28A.155 RCW; and
(g) A prohibition on establishing a policy of excluding an eligible child due only to the presence of a disability.
(4)(a) The office of the superintendent of public instruction, in collaboration with the department of children, youth, and families, shall develop statewide coordinated eligibility, recruitment, enrollment, and selection best practices and provide technical assistance to those implementing a transition to kindergarten program to support connections with local early learning providers.
(b) School districts, charter schools, and state-tribal education compact schools must consider the best practices developed under this subsection (4) when adopting the policies required under subsection (2)(b) of this section.
(5) Nothing in this section prohibits school districts, charter schools, and state-tribal education compact schools from blending or colocating a transition to kindergarten program with other early learning programs.
(6)(a) Funding for the transition to kindergarten program is limited to the amounts provided in the omnibus appropriations act and must be allocated to school districts, charter schools, and state-tribal education compact schools based on the prioritized criteria developed by the office of the superintendent of public instruction under subsection (2)(a)(ii) of this section.
(b) Allocations for the transition to kindergarten program are based on the following formulas:
(i) The distribution formula established under RCW 28A.150.260 (4)(a), (5), (6), (8), and (10)(a) and (b), calculated using the actual number of annual average full-time equivalent eligible children enrolled in the program; and
(ii) The distribution formula developed in RCW 28A.160.150 through 28A.160.192, calculated using reported ridership for eligible children enrolled in the program.
(b) [(c)] A transition to kindergarten child must be counted as a kindergarten student for purposes of the funding calculations referenced in this subsection and for purposes of calculating special education funding under RCW 28A.150.390(2)(b), but children enrolled in this program must be reported separately.
(c) [(d)] Funding provided for the transition to kindergarten program is not part of the state's statutory program of basic education under RCW 28A.150.200 and must be expended only for the support of operating a transition to kindergarten program.
(7) Beginning June 30, 2026, and annually thereafter, the office of the superintendent of public instruction must report to the office of the governor and the appropriate committees of the legislature on the planned transition to kindergarten program slot allotment for the upcoming school year. The report must include the following information for each school district, charter school, and state-tribal education compact school that will receive funding for the program during the upcoming school year:
(a) The number of program slots funded;
(b) The percentage of students eligible for free or reduced-price meals during the previous school year; and
(c) Whether the school district, charter school, or state-tribal education compact school is located within, or includes a zip code defined as, an extreme child care access desert as determined by the department of children, youth, and families.
[ 2026 c 267 s 2; 2025 c 342 s 1; 2023 c 420 s 1.]

catchline: Transition to kindergarten program.