title: RCW 28A.300.690

text:
(1) The office of the superintendent of public instruction may authorize private schools approved by the state board of education under RCW 28A.305.130, other private in-state entities, and any out-of-state entities to contract with school districts under RCW 28A.155.060 to provide special education and related services to students with disabilities. For authorized entities with multiple locations, the office of the superintendent of public instruction must approve each location independently.
(2) The office of the superintendent of public instruction shall establish a process for private schools approved by the state board of education under RCW 28A.305.130 to apply for authorization or reauthorization for a period of up to five years and for other entities to apply for authorization or reauthorization for a period of up to three years.
(3) To qualify for authorization or reauthorization, an applicant must, at a minimum, meet the following requirements:
(a) Offer a program of basic education that will provide:
(i) Opportunities for students to meet the goals of RCW 28A.150.210, in accordance with an individual assessment of student strengths and needs as determined by the placing school districts, and any other requirements established by contract; and
(ii) Opportunities for students in grades nine through 12 to either meet high school graduation requirements under RCW 28A.230.090 or to earn a high school equivalency certificate under RCW 28B.50.536 or laws of the state in which the applicant is located;
(b) Maintain applicable facility licenses and applicable agency approvals of the state in which the applicant is located;
(c) Employ or contract with teachers and related services staff who meet the licensing requirements of the state in which the applicant is located;
(d) Meet applicable fire codes of the local fire marshal or the fire marshal of the state in which the applicant is located;
(e) Meet applicable health and safety standards of the local jurisdiction and state in which the applicant is located;
(f) Demonstrate through audits that the applicant is financially stable and has accounting systems that allow for separation of school district funds, including financial safeguards in place to track revenues and expenditures associated with contracted placements to ensure that funds are used to provide education and related services to students placed in the authorized entity by the school district;
(g) Demonstrate that the applicant has procedures in place that address staff employment and contracting, including checking personal and professional references, conducting state and federal criminal background checks, and conducting regular staff evaluations that address staff competencies;
(h) Maintain a policy of nondiscrimination and provide procedural safeguards for students and their families; and
(i) Pass an on-site inspection conducted by the office of the superintendent of public instruction that confirms that the health and safety of the facilities, the staffing qualifications and levels, and the procedural safeguards are sufficient to provide a safe and appropriate learning environment for students.
(4) The office of the superintendent of public instruction must prohibit authorized entities from charging tuition or fees to students placed in the authorized entity by a school district.
(5) As used in this section, the term "authorized entity" means a private school approved by the state board of education under RCW 28A.305.130, another private in-state entity, or any out-of-state entity, that has been authorized by the office of the superintendent of public instruction to contract with a school district to provide a program of special education for students with disabilities.
[ 2023 c 436 s 3.]
Notes:
Finding—Intent—2023 c 436: "(1)(a)(i) The legislature finds that the federal individuals with disabilities education act, Title 20 U.S.C. Sec. 1400 et seq., establishes duties for the state education agency, which is the office of the superintendent of public instruction in Washington, with respect to students with disabilities who are placed in a private school or facility by a school district or other public agency as a means of providing special education and related services.
(ii) Since 2006, the federal implementing regulations of the federal individuals with disabilities education act have required that the office of the superintendent of public instruction ensure that a student with a disability who is placed in a private school or facility by a school district or other public agency:
(A) Is provided special education and related services in conformance with an individualized education program that meets the requirements of federal law and at no cost to the student's parents;
(B) Is provided an education that meets the standards that apply to education provided by a school district or other public agency; and
(C) Has all of the rights of a student with a disability who is served by a school district or other public agency.
(iii) Since 2006, the federal implementing regulations of the federal individuals with disabilities education act have required that the office of the superintendent of public instruction, in implementing the requirements described in (a)(ii) of this subsection:
(A) Monitor compliance through procedures such as written reports, on-site visits, and parent questionnaires;
(B) Disseminate copies of applicable standards to each private school and facility to which a school district or other public agency has placed a student with a disability; and
(C) Provide an opportunity for those private schools and facilities to participate in the development and revision of state standards that apply to them.
(iv) The federal implementing regulations of the federal individuals with disabilities education act require the state to monitor implementation of the individuals with disabilities education act to improve educational results and functional outcomes for all students with disabilities. The state must use indicators to measure school district performance, identify areas of noncompliance, and use appropriate enforcement mechanisms, such as technical assistance, corrective action, or withholding funds.
(b) The legislature acknowledges that it has not codified the federal requirements. Therefore, the legislature intends to codify the duty and authority of the superintendent of public instruction to establish standards for authorizing, monitoring, and investigating private schools approved by the state board of education under RCW 28A.305.130, other private in-state entities, and any out-of-state entities, that contract with school districts to provide special education and related services to students with disabilities. The legislature also intends to codify the requirement that these standards must ensure that any students with disabilities placed in the authorized entities by school districts have the same rights, protections, and access to special education and related services that they would have if served by school districts.
(2)(a)(i) The federal implementing regulations of the federal individuals with disabilities education act specify that, when a school district or other public agency has placed a student with disabilities in a private school or facility, responsibility for compliance with the federal individuals with disabilities education act remains with the school district or other public agency and with the office of the superintendent of public instruction.
(ii) State statute permits school districts to contract with entities authorized by the office of the superintendent of public instruction to operate special education programs for students with disabilities and specifies that the approval standards must conform substantially to those of special education programs in the school districts.
(iii) Rules of the office of the superintendent of public instruction specify the minimum elements of the written contract that must be made between a school district and an authorized entity. In addition, these rules specify that the school district remains responsible for ensuring that any student placed in an authorized entity is provided a free appropriate public education in conformance with the individualized education program developed by the school district.
(b) The legislature intends to codify the responsibilities of school districts placing students with disabilities in authorized entities, including specifying minimum contract and parent notification requirements.
(3) In addition, the legislature intends to ensure accountability is properly exercised and shared by directing the state auditor to conduct a performance audit of the system for overseeing the authorized entities that provide special education services to students with disabilities, as well as requiring school districts contracting with these authorized entities to report concerns about education overbilling to the office of the superintendent of public instruction and the office of the state auditor." [ 2023 c 436 s 1.]

catchline: Special education—Authorized entities.


doc_type: statute

jurisdiction: wa

title: RCW 28A.300.700

text:
(1) By September 1, 2019, the superintendent of public instruction, after considering recommendations from the dyslexia advisory council convened under *RCW 28A.300.710, must identify screening tools and resources that, at a minimum, meet the following best practices to:
(a) Satisfy developmental and academic criteria, including considerations of validity and reliability, that indicate typical literacy development or dyslexia, taking into account typical child neurological development; and
(b) Identify indicators and areas of weakness that are highly predictive of future reading difficulty, including phonological awareness, phonemic awareness, rapid naming skills, letter sound knowledge, and family history of difficulty with reading and language acquisition.
(2) Beginning September 1, 2019, the superintendent of public instruction must maintain on the agency's website the list of screening tools and resources identified under this section and must include links to the tools and resources, when available.
(3) The superintendent of public instruction must review and update the list of screening tools and resources identified under this section as appropriate.
[ 2018 c 75 s 3.]
Notes:
*Reviser's note: RCW 28A.300.710 expired August 1, 2023.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Dyslexia screening tools.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.300.720

text:
(1) By June 1, 2021, the superintendent of public instruction must review the dyslexia advisory council's recommendations required under section 4, chapter 75, Laws of 2018 and make available to school districts:
(a) Best practices for school district implementation of screenings as required under RCW 28A.320.260, including trainings for school district staff conducting the screenings, for example, the educator literacy training program delivered under RCW 28A.300.530;
(b) Best practices for using a multitiered system of support to provide interventions as required under RCW 28A.320.260, including trainings for school district staff in instructional methods specifically targeting students' areas of weakness;
(c) Sample educational information for parents and families related to dyslexia that includes a list of resources for parental support, such as the dyslexia handbook developed under RCW 28A.300.570; and
(d) Best practices to address the needs of students above grade two who show indications of, or areas of weakness associated with, dyslexia.
(2) By February 15, 2022, the superintendent of public instruction must review the dyslexia advisory council's updated report required under section 4, chapter 75, Laws of 2018 and revise the best practices and sample educational information made available to school districts required under subsection (1) of this section.
[ 2026 c 190 s 8; 2018 c 75 s 5.]
Notes:
Findings—Intent—2026 c 190: See note following RCW 28A.230.025.

catchline: Dyslexia recommendations.


title: RCW 28A.300.730

text:
(1) The superintendent of public instruction may adopt rules to implement RCW 28A.300.700, * 28A.300.710, 28A.300.720, 28A.320.250, 28A.320.260, 28A.320.270, and ** 28A.165.035.
(2) The rules may include, but are not limited to, the following:
(a) A timeline for school districts and charter schools to implement the screenings required under RCW 28A.320.260;
(b) The frequency of conducting the screenings;
(c) Best practices for identifying screening tools and resources in accordance with RCW 28A.300.700;
(d) Training for school district staff conducting the screenings; and
(e) The members and scope of work for the dyslexia advisory council convened under *RCW 28A.300.710.
[ 2018 c 75 s 8.]
Notes:
Reviser's note: *(1) RCW 28A.300.710 expired August 1, 2023.
**(2) RCW 28A.165.035 was repealed by 2021 c 111 s 13.

catchline: Dyslexia rules.


title: RCW 28A.300.750

text:
(1)(a) In accordance with the criteria adopted by the state board of education under subsection (2) of this section, the superintendent of public instruction may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220, except as provided in (b) of this subsection, on the basis that such waiver or waivers are necessary to implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program.
(b) The state board of education shall have authority to grant waivers from the provisions of RCW 28A.150.220(3)(b) and to grant the waivers set forth in RCW 28A.230.090(2) and 28A.655.180.
(2) The state board of education shall adopt rules establishing the criteria to evaluate the need for a waiver or waivers under this section.
[ 2024 c 66 s 12; 2018 c 177 s 502; 2018 c 177 s 501; (2012 c 53 s 8 expired June 30, 2019); (2011 c 260 s 8 expired June 30, 2019); (1992 c 141 s 302 expired September 1, 2000); 1990 c 33 s 267; 1985 c 349 s 6. Formerly RCW 28A.305.140, 28A.04.127.]
Notes:
Effective dates—2018 c 177 ss 201, 202, 501-504, 507, and 701: See note following RCW 28A.150.222.
Finding—Intent—2018 c 177: See note following RCW 28A.305.905.
Contingent expiration date—1992 c 141 s 302: "Section 302, chapter 141, Laws of 1992 shall expire September 1, 2000, unless by September 1, 2000, a law is enacted stating that a school accountability and academic assessment system is not in place." [ 1994 c 245 s 11; 1992 c 141 s 508.] That law was not enacted by September 1, 2000.
Severability—1985 c 349: See note following RCW 28A.150.260.

catchline: Basic education waivers for school districts.


title: RCW 28A.300.760

text:
Beginning September 1, 2019, the superintendent of public instruction shall annually report to the state board of education and education committees of the house of representatives and the senate summaries of all waiver applications submitted to the superintendent of public instruction for the prior school year under RCW 28A.150.222, 28A.150.290, 28A.230.015, and 28A.300.750, including the following information for each type of waiver:
(1) The annual number of waiver applications the superintendent approved and did not approve;
(2) A brief summary of each waiver request;
(3) The reasons the superintendent approved or did not approve each waiver application; and
(4) Links to the waiver applications posted on the superintendent's website.
[ 2018 c 177 s 508.]
Notes:
Finding—Intent—2018 c 177: See note following RCW 28A.305.905.

catchline: Waiver applications annual report.


title: RCW 28A.300.770

text:
(1) The superintendent of public instruction must require school districts to have identification procedures for their highly capable programs that are clearly stated and implemented by school districts using the following criteria:
(a) Districts must use multiple objective criteria to identify students who are among the most highly capable. Multiple pathways for qualifications must be available and no single criterion may disqualify a student from identification;
(b) Highly capable selection decisions must be based on consideration of criteria benchmarked on local norms, but local norms may not be used as a more restrictive criteria than national norms at the same percentile;
(c) Subjective measures such as teacher recommendations or report card grades may not be used to screen out a student from assessment. These data points may be used alongside other criteria during selection to support identification, but may not be used to disqualify a student from being identified; and
(d) To the extent practicable, screening and assessments must be given in the native language of the student. If native language screening and assessments are not available, a nonverbal screening and assessment must be used.
(2) The superintendent of public instruction must disseminate guidance on referral, screening, assessment, selection, and placement best practices for highly capable programs. The guidance must be regularly updated and aligned with evidence-based practices.
[ 2018 c 266 s 105.]

catchline: Highly capable students—Identification procedures.


title: RCW 28A.300.790

text:
(1) The superintendent of public instruction, subject to conformity with application or other requirements adopted by rule, shall approve requests by public schools as provided in RCW 28A.320.173 to consider student participation in seasonal or nonseasonal outdoor-based activities, including programs established in accordance with RCW 28A.300.793, and the outdoor education experiences program established in RCW 28A.300.795, as instructional days for the purposes of basic education requirements established in RCW 28A.150.220(5).
(2) The superintendent of public instruction shall adopt rules to implement this section.
[ 2022 c 112 s 4; 2018 c 266 s 410.]
Notes:
Findings—Intent—2022 c 112: See note following RCW 28A.300.793.


title: RCW 28A.300.793

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, or within funding made available, the outdoor learning grant program is established. The purpose of the grant program is to develop and support educational experiences for students in Washington public schools.
(2) The office of the superintendent of public instruction shall administer the grant program in accordance with this section.
(3) Within existing resources, the Washington state parks and recreation commission, the department of natural resources, the Washington department of fish and wildlife, the Washington department of agriculture, and the Washington conservation commission may partner with the office of the superintendent of public instruction to provide relevant expertise on land management and work-integrated learning experiences and opportunities.
(4) Beginning in the 2022-23 school year, the office of the superintendent of public instruction shall award grants to eligible school districts, federally recognized tribes, and outdoor education program providers. The office may consult with the Washington recreation and conservation office in awarding grants under this section.
(5)(a) The grant program must consist of two types of grants, including:
(i) Allocation-based grants for school districts to develop or support educational experiences; and
(ii) Competitive grants for federally recognized tribes and outdoor education providers to support existing capacity and to increase future capacity for outdoor learning experiences.
(b) In implementing student educational experiences under this section, school districts and outdoor education providers should ensure equitable access for students in all geographic regions, and high levels of accessibility for students with disabilities.
(6) Beginning in 2024, the office of the superintendent of public instruction, in accordance with RCW 43.01.036, must submit an annual report to the appropriate committees of the legislature with an evaluation of the program established by this section. The report may include information on other outdoor education and instructional time efforts and how they compare with programs funded through the outdoor learning grant program.
(7) For the purposes of this section, "school districts" includes state-tribal education compact schools established under chapter 28A.715 RCW.
[ 2022 c 112 s 2.]
Notes:
Findings—Intent—2022 c 112: "(1) The legislature finds that time outdoors helps children thrive physically, emotionally, and academically, yet over the past few generations, childhood has moved indoors. On average, today's kids spend up to 44 hours per week in front of a screen, and less than 10 minutes a day doing activities outdoors. For too many kids, access to the outdoors is determined by race, income, ability, and zip code. All children deserve equitable access to outdoor spaces where they can learn, play, and grow, but current access to outdoor educational opportunities is inequitable.
(2) From stress reduction to improved focus and engagement, and better academic performance, outdoor-based learning helps kids thrive. Research shows participants in outdoor educational activities have higher graduation rates, improved behavior in school and relationships with peers, higher academic achievement, critical thinking skills, direct experience of scientific concepts in the field, leadership and collaboration skills, and a deeper engagement with learning, place, and community. Outdoor educational programs also offer new opportunities for work-integrated learning in science, natural resources, education, land management, agriculture, outdoor recreation, and other employment sectors. Outdoor-based learning activities can also be a key element in the larger system of regular outdoor instructional time and outdoor experiences that includes STEM fields, after-school programs, summer camps, 4-H, scouting, and related programs which can spark a lifelong appreciation for the natural world.
(3) The legislature further finds that accessibility is a major obstacle to universal outdoor education. Most sites lack accommodation for children with disabilities and support staff for children who need social and emotional support. In addition, some youth may experience cultural barriers to outdoor learning experiences.
(4) Therefore, the legislature intends to establish a statewide grant program and corresponding outdoor education experiences program to address these needs and to ensure that all students have a chance to benefit from outdoor education." [ 2022 c 112 s 1.]

catchline: Outdoor learning grant program.


title: RCW 28A.300.795

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the outdoor education experiences program is established as a program within the outdoor learning grant program established in RCW 28A.300.793. The purpose of the outdoor education experiences program is to develop and support outdoor learning opportunities for 5th and 6th grade students in Washington public schools, with related opportunities for high school students to volunteer as counselors. The program will consist of hands-on learning experiences that: Are three to five days in duration and up to four nights; are overnight or day programs when overnight programs are impractical due to health, cultural, or capacity considerations; and have a focus on environmental education aligned with the Washington state learning standards and the development of social and emotional learning skills.
(2) The office of the superintendent of public instruction may work with a statewide nonprofit organization representing school principals to create guidelines for the program established by this section.
(3) In implementing the program established by this section, the priority focus of the office of the superintendent of public instruction must be given to schools that have been identified for improvement through the Washington school improvement framework and communities historically underserved by science education. These communities can include, but are not limited to, federally recognized tribes, including state-tribal education compact schools, migrant students, schools with high free and reduced-price lunch populations, rural and remote schools, students in alternative learning environments, students of color, English language learner students, and students receiving special education services.
[ 2022 c 112 s 3.]
Notes:
Findings—Intent—2022 c 112: See note following RCW 28A.300.793.

catchline: Outdoor learning grant program—Outdoor education experiences program.


title: RCW 28A.300.802

text:
In addition to any board, commission, council, committee, or other similar group established by statute or executive order, the superintendent of public instruction may appoint advisory groups on subject matters within the superintendent's responsibilities or as may be required by any federal legislation as a condition to the receipt of federal funds by the federal department. The advisory groups shall be constituted as required by federal law or as the superintendent may determine.
Members of advisory groups under the authority of the superintendent may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060.
Except as provided in this section or as authorized by RCW 43.03.220, members of advisory groups under the authority of the superintendent are volunteering their services and are not eligible for compensation. A person is eligible to receive compensation in an amount not to exceed one hundred dollars for each day during which the member attends an official meeting of the group or performs statutorily prescribed duties approved by the chairperson of the group if the person (1) occupies a position, normally regarded as full-time in nature, as a certificated employee of a local school district; (2) is participating as part of their employment with the local school district; and (3) the meeting or duties are performed outside the period in which school days as defined by *RCW 28A.150.030 are conducted. The superintendent may reimburse local school districts for substitute certificated employees to enable members to meet or perform duties on school days. A person is eligible to receive compensation from federal funds in an amount to be determined by personal service contract for groups required by federal law.
[ 2022 c 245 s 4; 2011 1st sp.s. c 21 s 53.]
Notes:
*Reviser's note: RCW 28A.150.030 expired September 1, 2011. See RCW 28A.150.203.
Findings—2022 c 245: See note following RCW 43.03.220.

catchline: Advisory groups—Travel—Compensation.


title: RCW 28A.300.803

text:
(1)(a) Subject to availability of amounts appropriated for this specific purpose, the superintendent of public instruction shall take the lead in identifying and developing a library of openly licensed courseware aligned with the common core state standards and placed under an attribution license, registered by a nonprofit or for-profit organization with domain expertise in open courseware, that allows others to use, distribute, and create derivative works based upon the digital material, while still allowing the authors or creators to retain the copyright and to receive credit for their efforts.
(b) During the course of identification and development of a library of openly licensed courseware, the superintendent:
(i) May contract with third parties for all or part of the development;
(ii) May adopt or adapt existing high quality openly licensed K-12 courseware aligned with the common core state standards;
(iii) May consider multiple sources of openly licensed courseware;
(iv) Must use best efforts to seek additional outside funding by actively partnering with private organizations;
(v) Must work collaboratively with other states that have adopted the common core state standards and collectively share results; and
(vi) Must include input from classroom practitioners, including teacher-librarians as defined by RCW 28A.320.240, in the results reported under subsection (2)(d) of this section.
(2) The superintendent of public instruction must also:
(a) Advertise to school districts the availability of openly licensed courseware, with an emphasis on the fact that the courseware is available at no cost to the districts;
(b) Identify an open courseware repository to which openly licensed courseware identified and developed under this section may be submitted, in which openly licensed courseware may be housed, and from which openly licensed courseware may be easily accessed, all at no cost to school districts;
(c) Provide professional development programs that offer support, guidance, and instruction regarding the creation, use, and continuous improvement of open courseware; and
(d) Report to the governor and the education committees of the legislature on a biennial basis, beginning December 1, 2013, and ending December 1, 2017, regarding identification and development of a library of openly licensed courseware aligned with the common core state standards and placed under an attribution license, use by school districts of openly licensed courseware, and professional development programs provided.
(3) School districts may, but are not required to, use any of the openly licensed courseware.
(4) As used in this section, "courseware" includes the course syllabus, scope and sequence, instructional materials, modules, textbooks, including the teacher's edition, student guides, supplemental materials, formative and summative assessment supports, research articles, research data, laboratory activities, simulations, videos, open-ended inquiry activities, and any other educationally useful materials.
(5) The open educational resources account is created in the custody of the state treasurer. All receipts from funds collected under this section must be deposited into the account. Expenditures from the account may be used only for the development of openly licensed courseware as described in this section. Only the superintendent of public instruction or the superintendent's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2018 c 268 s 2; 2012 c 178 s 2.]
Notes:
Finding—2012 c 178: "The legislature finds the state's recent adoption of common core K-12 standards provides an opportunity to develop a library of high quality, openly licensed K-12 courseware that is aligned with these standards. By developing this library of openly licensed courseware and making it available to school districts free of charge, the state and school districts will be able to provide students with curricula and texts while substantially reducing the expenses that districts would otherwise incur in purchasing these materials. In addition, this library of openly licensed courseware will provide districts and students with a broader selection of materials, and materials that are more up-to-date." [ 2012 c 178 s 1.]

catchline: Openly licensed courseware—Identifying and developing library—Reports—Open educational resources account.


title: RCW 28A.300.805

text:
(1) The legislature recognizes that the provisions of the K-3 class size reduction construction grant pilot program will need modifications to (a) ensure that the grant program will meet the program's objectives for all school districts needing additional classrooms, and (b) identify changes to the school construction assistance program to improve appropriate coordination between the two grant programs.
(2) In consultation with stakeholders, the office of financial management, and the appropriate committees of the legislature, the superintendent of public instruction shall develop (a) an improved method for calculating needed classrooms, and (b) an improved funding formula for calculating grant awards to meet the objectives of this section and *RCW 28A.525.058. The classroom counting method and funding formula must be informed by data collected in state studies and surveys or through inventory and condition assessments conducted by the Washington State University extension energy office. The improved classroom counting method and improved funding formula, and any other requirements of this section, must be reported to the office of financial management and the appropriate committees of the legislature by December 1, 2015.
(3)(a) The improved classroom counting method must:
(i) Demonstrate a lack of sufficient classroom space district-wide to meet K-3 class size ratios as funded pursuant to average class size objectives for the 2017-18 school year enumerated in RCW 28A.150.260 in effect as of October 31, 2014, and to provide all-day kindergarten as funded pursuant to RCW 28A.150.315. The determination that there is a lack of sufficient space must be based on data collected in a state study and survey conducted within the preceding six years from the date of grant application or data collected through an inventory and condition assessment validated by the Washington State University extension energy office within the preceding six years from the date of grant application;
(ii) For school districts with student head count enrollments more than forty-eight thousand, the improved classroom counting method must demonstrate a lack of sufficient classroom space within subdistrict areas in order to account for rapid growth in certain areas of a district that should be met with classroom capacity in those certain areas to avoid prolonged bussing of elementary students.
(b) The improved classroom counting method must be designed to ensure that additional classrooms will achieve average class size objectives for the 2017-18 school year enumerated in RCW 28A.150.260 in effect as of October 31, 2014, and all-day kindergarten as funded pursuant to RCW 28A.150.315.
(4)(a) In consultation with stakeholders, the office of financial management, and the appropriate committees of the legislature, the superintendent of public instruction must also recommend a process for prioritizing grant applications. The prioritization process must produce one prioritized list of grant recipients that includes all of the projects requested by school districts, and report the list, including preliminary estimates of necessary added classrooms, to the office of financial management and the appropriate committees of the legislature.
(b) The prioritized list must consider the following priorities:
(i) Applicants with high student to teacher ratios in kindergarten through third grades;
(ii) Applicants with a high percentage of students who are eligible and enrolled in the free and reduced-price meals program;
(iii) Applicants that have not raised capital funds through levies or bonds in the prior ten-year period;
(iv) Other criteria that relate to the objectives of the grant program.
(5) The improved funding formula must consider options for enhanced state funding for school districts that have not raised capital funds through levies or bonds in the prior ten-year period.
(6) In consultation with stakeholders, the office of financial management, and the appropriate committees of the legislature, the office of the superintendent of public instruction must recommend statutory and rule changes to ensure appropriate coordination between the K-3 class size reduction construction grant program and the school construction assistance program. The recommendation must include ways to ensure that new square footage funded through this grant program does not impair a school district's eligibility for modernization or replacement grants through the school construction assistance program eligibility under RCW 28A.525.166.
(7) In consultation with stakeholders, the office of financial management, and the appropriate committees of the legislature, the superintendent of public instruction must recommend the content and method for reporting annually on the grants awarded during each fiscal year. The report must include, at least, the grant amounts and the status of all awarded grants by school district. The annual report must also include data documenting actual class size reductions and all-day kindergarten achieved in school districts that have received grants provided under this section. Beginning in 2016, the report must be submitted to the office of financial management and the appropriate committees of the legislature by October 1st for the preceding fiscal year and made available to the public on a website maintained by the superintendent of public instruction.
(8) In consultation with stakeholders, the office of financial management, and the appropriate committees of the legislature, the superintendent of public instruction must recommend statutory and rule changes for awarding grants for construction, modernization, or replacement of school facilities with an expected useful life of less than thirty years.
[ 2015 3rd sp.s. c 41 s 301.]
Notes:
*Reviser's note: RCW 28A.525.058 expired July 1, 2017.
Findings—Intent—2015 3rd sp.s. c 41: "(1) The legislature finds that local school districts design, build, own, and manage public school facilities. The Washington state Constitution provides two ways to fund construction of public school facilities. First, the state Constitution provides the means for school districts to finance school construction. Article VII, section 2 of the state Constitution authorizes school districts to collect capital levies to support the construction, remodeling, or modernization of school facilities. In addition, Article VIII, section 6 of the state Constitution authorizes school districts to incur debt up to eleven and one-half percent of the total assessed value of taxable property for school construction and Article VII, section 2 of the state Constitution authorizes school districts to pay for this debt by issuing general obligation bonds for these capital purposes. Second, Article IX, section 3 of the state Constitution establishes the common school construction fund and dedicates revenues derived from school and state trust lands and earnings of the permanent common school fund to funding common school construction. Beyond these constitutional means, the legislature provides further state assistance to school districts through the issuance of general obligation bonds, the proceeds of which the state appropriates to support the state school construction assistance grant program established in chapter 28A.525 RCW. This state grant program is not intended to replace the financing provisions established in the state Constitution, but rather to provide state assistance that supplements the constitutional financing provisions. The state grant program helps finance new school capacity to accommodate enrollment growth and to modernize and replace existing schools while respecting local decisions and control by locally elected school boards.
(2) The legislature also finds that some school districts may benefit from additional financial assistance to provide school facilities—beyond that which is provided through the school construction assistance grant program—for the purpose of constructing or acquiring additional classrooms to support state-funded all-day kindergarten and class size reduction in kindergarten through third grade.
(3) For the 2015-2017 biennium, the legislature intends to provide additional state financial assistance to help school districts in funding public school facilities necessary to support state-funded all-day kindergarten and class size reduction in kindergarten through third grade." [ 2015 3rd sp.s. c 41 s 101.]
Effective date—2015 3rd sp.s. c 41: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [July 14, 2015]." [ 2015 3rd sp.s. c 41 s 403.]

catchline: K-3 class size reduction construction grant pilot program—Classroom counting method and funding formula—Prioritizing grant applications—Recommendations—Annual reports.


title: RCW 28A.300.815

text:
(1)(a) Beginning with the 2020-21 school year, within existing resources, and in collaboration with the Washington student achievement council, the office of the superintendent of public instruction shall coordinate a financial aid advising day with all school districts with a high school.
(b) For the purposes of this section and RCW 28A.230.310, a "financial aid advising day" means a day or series of days between September 1st and December 1st of each year that includes, but is not limited to, dedicated time during regular school hours for staff to:
(i) Provide information to twelfth grade students on the free application for federal student aid, the Washington application for state financial aid, and the college board's CSS profile;
(ii) As appropriate and whenever possible, assist twelfth grade students in completing the free application for federal student aid and the Washington application for state financial aid; and
(iii) In conjunction with the Washington student achievement council, distribute information on the Washington college grant and demonstrate the use of the college financial aid calculator created in RCW 28B.77.280.
(c) Each school district may choose the date or series of dates on which to hold a financial aid advising day.
(2) The office of the superintendent of public instruction shall coordinate with the Washington student achievement council whenever possible to assist districts in facilitating opportunities outside of regular school hours for parents to take part in seminars on completing the free application for federal student aid and the Washington application for state financial aid. Whenever possible, districts shall provide spoken language interpreter services for limited English-speaking families.
(3) Schools must allow students over the age of eighteen to opt out and parents or guardians of students under the age of eighteen to opt their student out of scheduled financial aid advising day activities.
(4) A student may not be penalized for failing to complete financial aid applications or for opting out of activities under subsection (3) of this section.
(5) Educational staff, including instructional, administrative, and counseling staff, may not be assessed or penalized on the basis of students' completion of financial aid forms or students' decisions to opt out under subsection (3) of this section.
(6) In the administration of the financial aid advising day, personally identifiable student or family information must be protected in accordance with state and federal privacy laws.
[ 2020 c 307 s 5.]
Notes:
Intent—Conflict with federal requirements—2020 c 307: See notes following RCW 28B.77.290.

catchline: Financial aid advising day.


title: RCW 28A.300.820

text:
The elementary and secondary school emergency relief III account is created in the state treasury. Revenues attributable to section 2001, the American rescue plan act of 2021, P.L. 117-2 must be deposited into the account. Moneys in the account may be spent only after appropriation.
[ 2022 c 157 s 8. Prior: 2021 c 334 s 1901.]
Notes:
Conflict with federal requirements—Effective date—2021 c 334: See notes following RCW 43.79.555.

catchline: Elementary and secondary school emergency relief III account.


title: RCW 28A.300.825

text:
The office of the superintendent of public instruction must publish on its website links to resources, self-assessments, and best practices for educators and local policymakers to prevent and address secondary traumatic stress in the workforce. The office of the superintendent of public instruction must collaborate with the Washington state school directors' association, the educational service districts, and the school employees' benefits board created in RCW 41.05.740 and provide links to any resources on secondary traumatic stress available through these organizations.
[ 2021 c 129 s 2.]
Notes:
Finding—Intent—2021 c 129: "(1)(a) The legislature acknowledges that secondary traumatic stress, also called compassion fatigue, is a natural but disruptive set of symptoms that may result when one person learns firsthand of the traumatic experiences of another. Symptoms of secondary traumatic stress may include feelings of isolation, anxiety, dissociation, physical ailments, and sleep disturbances. In addition, those affected by secondary traumatic stress may experience: Changes in memory and perception; alterations in their sense of self-efficacy; a depletion of personal resources; and disruption in their perceptions of safety, trust, and independence.
(b) Secondary traumatic stress may be experienced by teachers, school counselors, administrators, or other school staff. Everyday these school staff work with students experiencing trauma and loss. In addition, many students have experienced additional trauma due to the effects of the COVID-19 pandemic on themselves and their families.
(2) The legislature finds that secondary traumatic stress is preventable and treatable. Therefore, the legislature intends to require school districts to adopt a policy and procedure to prevent and address secondary traumatic stress in the workforce and to make resources on secondary traumatic stress publicly available." [ 2021 c 129 s 1.]

catchline: Secondary traumatic stress—Resources.


title: RCW 28A.300.830

text:
(1)(a) Beginning July 1, 2022, and every three years thereafter, the office of the superintendent of public instruction shall report on the funding and services provided in support of youth pursuant to Washington's every student succeeds act consolidated plan, Title I, part D: Prevention and intervention programs for children and youth who are neglected, delinquent, or at risk, and the education outcomes resulting from the funding and provided services.
(b) The purpose of the report is to inform the legislature of progress toward the goals established in the consolidated plan and provide the legislature with the opportunity to determine whether subsequent legislation should be enacted to ensure the education needs of youth and postresident youth.
(2) Reports required by this section, which must delineate the recipients of the federal funds and how they are being used to support the education needs of youth and postresident youth, must be submitted to the appropriate committees of the house of representatives and the senate in accordance with RCW 43.01.036.
(3) For purposes of this section, "postresident youth" and "youth" have the same meanings as in RCW 28A.190.005.
[ 2021 c 164 s 10.]
Notes:
Findings—Intent—2021 c 164: See note following RCW 28A.190.005.

catchline: Funding, services, and outcomes for children and youth who are neglected, delinquent, or at risk—Report.


title: RCW 28A.300.840

text:
(1)(a) The office of the superintendent of public instruction shall establish a grant program for the purposes of supporting media literacy and digital citizenship through school district leadership teams. The office of the superintendent of public instruction shall establish and publish criteria for the grant program, and may accept gifts, grants, or endowments from public or private sources for the grant program.
(b) A school district that receives a grant under this section is not prohibited from receiving a grant in subsequent grant cycles.
(2)(a) For a school district to qualify for a grant under this section, the grant proposal must provide that the grantee create a district leadership team that develops a curriculum unit on media literacy or digital citizenship, or both, that may be integrated into one of the following areas:
(i) Social studies;
(ii) English language arts; or
(iii) Health.
(b) School districts selected under the grant program are expected to evaluate the curriculum unit they develop under this subsection (2).
(c) In developing their curriculum unit, school districts selected under the grant program are encouraged to work with school district teacher-librarians or a school district library information technology program, if applicable.
(3) The establishment of the grant program under this section is subject to the availability of amounts appropriated for this specific purpose.
(4) The curriculum unit developed under this section must be made available as an open educational resource.
(5)(a) Up to 10 grants a year awarded under this section must be for establishing media literacy professional learning communities with the purpose of sharing best practices in the subject of media literacy.
(b)(i) Grant recipients under this subsection (5) are required to develop an online presence for their community to model new strategies and to share ideas, challenges, and successful practices.
(ii) Grant recipients shall attend the group meetings created by the office of the superintendent of public instruction under (c) of this subsection (5).
(c) The office of the superintendent of public instruction shall convene group meetings for the purpose of sharing best practices and strategies in media literacy education.
(d) Additional activities permitted for the use of these grants include, but are not limited to:
(i) Organizing teachers from across a school district to develop new instructional strategies and to share successful strategies;
(ii) Sharing successful practices across a group of school districts; and
(iii) Facilitating coordination between educational service districts and school districts to provide training.
(6)(a) At least one grant awarded in each award cycle must be for developing and using a curriculum that contains a focus on synthetic media as a major component.
(b) For the purposes of this section, "synthetic media" means an image, an audio recording, or a video recording of an individual's appearance, speech, or conduct that has been intentionally manipulated with the use of digital technology in a manner to create a realistic but false image, audio, or video.
(7) This section expires July 31, 2031.
[ 2021 c 301 s 6.]
Notes:
Finding—Purpose—2021 c 301: See note following RCW 28A.650.060.

catchline: Media literacy and digital citizenship—Grant program. (Expires July 31, 2031.)


title: RCW 28A.300.845

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall convene two regional conferences on the subject of media literacy and digital citizenship.
(2) The conferences in this section should highlight the work performed by the recipients of the grant program established under RCW 28A.300.840, as well as best practices in media literacy and digital citizenship.
(3) The locations for conferences convened under this section must include one site in western Washington and one site in eastern Washington.
(4) This section expires July 31, 2031.
[ 2021 c 301 s 7.]
Notes:
Finding—Purpose—2021 c 301: See note following RCW 28A.650.060.

catchline: Media literacy and digital citizenship—Regional conferences. (Expires July 31, 2031.)


title: RCW 28A.300.850

text:
(1)(a) The office of the superintendent of public instruction shall develop a timeline and plan for assuming, by September 1, 2028, responsibility for the effective delivery and administration of basic education services to justice-involved students and improving their educational outcomes.
(b) The timeline and plan required by this section must consider:
(i) The findings and recommendations produced in accordance with section 2, chapter 303, Laws of 2023;
(ii) Recommendations provided in the December 1, 2022, improving institutional education outcomes final report of the office of the superintendent of public instruction and the department of children, youth, and families;
(iii) Educators and staff that deliver education programming and services to the justice-involved students; and
(iv) Legislation enacted in 2024 and in subsequent years relating to the superintendent's requirements under RCW 28A.190.150.
(2) Beginning December 15, 2023, and annually thereafter through 2027, the office of the superintendent of public instruction shall, in accordance with RCW 43.01.036, provide an interim report on progress made in achieving the requirements of this section to the governor and the education and fiscal committees of the legislature.
(3) In meeting the requirements of this section, the office of the superintendent of public instruction shall:
(a) Consult with organizations representing those who deliver, support, and receive education programming and services to justice-involved students;
(b) Implement the research and analysis recommendations for the two service delivery and governance options identified in the final report required by section 2, chapter 303, Laws of 2023;
(c) Examine an additional service delivery and governance option that preserves the role of school districts in providing basic education services to justice-involved students, but includes additional state direction in furtherance of the recommendations referenced in subsection (1)(b)(ii) of this section and those provided in accordance with section 2, chapter 226, Laws of 2020;
(d) Describe how the office of the superintendent of public instruction will ensure the effective delivery and administration of basic education services to justice-involved students as required by RCW 28A.190.150; and
(e) Make recommendations for statutory or other changes needed to ensure proper oversight of the delivery and administration of basic education services to justice-involved students. Recommendations made in accordance with this subsection [(3)](e) must address comments and recommendations related to education delivery outcome and progress measurements provided by educators in accordance with this section.
(4) For the purposes of this section, "justice-involved students" has the same meaning as in RCW 28A.190.150.
(5) This section expires June 30, 2028.
[ 2025 c 70 s 2; 2023 c 303 s 4.]
Notes:
Findings—Intent—2023 c 303: See note following RCW 28A.190.150.

catchline: Basic education services to justice-involved students—Timeline and plan. (Expires June 30, 2028.)


title: RCW 28A.300.900

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction, in consultation with the state board for community and technical colleges and the Washington state apprenticeship and training council, shall examine opportunities for promoting recognized preapprenticeship and registered youth apprenticeship opportunities for high school students.
(2) In accordance with this section, by November 1, 2018, the office of the superintendent of public instruction shall solicit input from persons and organizations with an interest or relevant expertise in registered preapprenticeship programs, registered youth apprenticeship programs, or both, and employer-based preapprenticeship and youth apprenticeship programs, and provide a report to the governor and the education committees of the house of representatives and the senate that includes recommendations for:
(a) Improving alignment between college-level vocational courses at institutions of higher education and high school curriculum and graduation requirements, including high school and beyond plans required by RCW 28A.230.212. Recommendations provided under this subsection may include recommendations for the development or revision of career and technical education course equivalencies established in accordance with RCW 28A.700.080(1)(b) for college-level vocational courses successfully completed by a student while in high school and taken for dual credit;
(b) Identifying and removing barriers that prevent the wider exploration and use of registered preapprenticeship and registered youth apprenticeship opportunities by high school students and opportunities for registered apprenticeships by graduating secondary students; and
(c) Increasing awareness among teachers, counselors, students, parents, principals, school administrators, and the public about the opportunities offered by registered preapprenticeship and registered youth apprenticeship programs.
(3) As used in this section, "institution of higher education" has the same meaning as defined in RCW 28A.600.300.
[ 2024 c 66 s 11; 2023 c 271 s 9; 2018 c 228 s 1.]
Notes:
Intent—2023 c 271: See note following RCW 28A.230.215.

catchline: Registered preapprenticeship and youth apprenticeship recommendations.


title: RCW 28A.305.011

text:
(1) The membership of the state board of education shall be composed of sixteen members who are residents of the state of Washington:
(a) Seven shall be members representing the educational system, as follows:
(i) Five members elected by school district directors. Three of the members elected by school district directors shall be residents of western Washington and two members shall be residents of eastern Washington;
(ii) One member elected at large by the members of the boards of directors of all private schools in the state meeting the requirements of RCW 28A.195.010; and
(iii) The superintendent of public instruction;
(b) Seven members appointed by the governor; and
(c) Two students selected in a manner determined by the state board of education.
(2) Initial appointments shall be for terms from one to four years in length, with the terms expiring on the second Monday of January of the applicable year. As the terms of the first appointees expire or vacancies on the board occur, the governor shall appoint or reappoint members of the board to complete the initial terms or to four-year terms, as appropriate.
(a) Appointees of the governor must be individuals who have demonstrated interest in public schools and are supportive of educational improvement, have a positive record of service, and who will devote sufficient time to the responsibilities of the board.
(b) In appointing board members, the governor shall consider the diversity of the population of the state.
(c) All appointments to the board made by the governor are subject to confirmation by the senate.
(d) No person may serve as a member of the board, except the superintendent of public instruction, for more than two consecutive full four-year terms.
(3) The governor may remove an appointed member of the board for neglect of duty, misconduct, malfeasance, or misfeasance in office, or for incompetent or unprofessional conduct as defined in chapter 18.130 RCW. In such a case, the governor shall file with the secretary of state a statement of the causes for and the order of removal from office, and the secretary of state shall send a certified copy of the statement of causes and order of removal to the last known post office address of the member.
(4)(a) The chair of the board shall be elected by a majority vote of the members of the board. The chair of the board shall serve a term of two years, and may be reelected to an additional term. A member of the board may not serve as chair for more than two consecutive terms.
(b) Except as provided in (d) of this subsection, nine voting members of the board constitute a quorum for the transaction of business.
(c) All members are voting members.
(d) A student member selected under subsection (1)(c) of this section shall excuse themselves from voting on matters directly relating to graduation requirement changes that apply to the student's school and graduating class. In the event of a student member excusing themselves under this subsection, eight voting members of the board constitute a quorum for the transaction of business.
(5) Members of the board appointed by the governor who are not public employees shall be compensated in accordance with RCW 43.03.250 and shall be reimbursed for travel expenses incurred in carrying out the duties of the board in accordance with RCW 43.03.050 and 43.03.060.
[ 2022 c 44 s 1; 2006 c 263 s 105; 2005 c 497 s 101.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—2005 c 497: "The legislature intends to reconstitute the state board of education and to refocus its purpose; to abolish the academic achievement and accountability commission; to assign policy and rule-making authority for educator preparation and certification to the professional educator standards board and to clearly define its purpose; and to align the missions of the state board of education and the professional educator standards board to create a collaborative and effective governance system that can accelerate progress towards achieving the goals in RCW 28A.150.210." [ 2005 c 497 s 1.]
Part headings not law—2005 c 497: "Part headings used in this act are not any part of the law." [ 2005 c 497 s 408.]
Effective date—2005 c 497 ss 101, 103, 105, 106, 201 through 220, 301, 401, and 403: "Sections 101, 103, 105, 106, 201 through 220, 301, 401, and 403 through 405 of this act take effect January 1, 2006." [ 2005 c 497 s 409.]

catchline: Board membership—Terms—Compensation.


title: RCW 28A.305.021

text:
The election of state board of education members by school directors and private school board members shall be conducted by the Washington state school directors' association for the members of the state board who begin serving on January 1, 2006, and thereafter.
(1) The Washington state school directors' association shall adopt procedures for the conduct of elections, which shall include, but need not be limited to: The definition of the eastern Washington and western Washington geographic regions of the state for the purpose of determining board member positions; the weighting of votes cast by the number of students in the school director's school district or board member's private school; election and dispute resolution procedures; the process for filling vacancies; and election timelines. The election timeline shall include calling for elections no later than the 25th of August, and notification of the election results no later than the 15th of December.
(2) State board member positions one and two shall be filled by residents of the eastern Washington region and positions three, four, and five shall be filled by residents of the western Washington region.
(3) A school director shall be eligible to vote only for a candidate for each position in the geographic region within which the school director resides.
(4) Initial terms of the individuals elected by the school directors shall be for terms of two to four years in length as follows: Two members, one from eastern Washington and one from western Washington, shall be elected to two-year terms; two members, one from eastern Washington and one from western Washington, shall be elected to four-year terms; and one member from western Washington shall be elected to a three-year term. The term of the private school member shall be two years. All terms shall expire on the second Monday of January of the applicable year.
(5) No person employed in any public or private school, college, university, or other educational institution or any educational service district superintendent's office or in the office of the superintendent of public instruction is eligible for membership on the state board of education. No member of a board of directors of a local school district or private school may continue to serve in that capacity after having been elected to the state board.
[ 2022 c 79 s 1; 2005 c 497 s 102.]
Notes:
Effective date—2005 c 497 s 102: "Section 102 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 16, 2005]." [ 2005 c 497 s 411.]
Intent—Part headings not law—2005 c 497: See notes following RCW 28A.305.011.

catchline: Election of board members—Restrictions.


title: RCW 28A.305.035

text:
(1) By October 15th of each even-numbered year, the state board of education and the professional educator standards board shall submit a joint report to the legislative education committees, the governor, and the superintendent of public instruction. The report shall address the progress the boards have made and the obstacles they have encountered, individually and collectively, in the work of achieving the goals in RCW 28A.150.210.
(2) The state board of education shall include the chairs and ranking minority members of the legislative education committees in board communications so that the legislature can be kept apprised of the discussions and proposed actions of the board.
[ 2006 c 263 s 103; 2005 c 497 s 103.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.

catchline: Joint report to the legislature.


title: RCW 28A.305.045

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 20.]
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.305.130

text:
The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability framework that creates a unified system of increasing levels of support for schools in order to improve student academic achievement; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall:
(1) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business;
(2) Form committees as necessary to effectively and efficiently conduct the work of the board;
(3) Seek advice from the public and interested parties regarding the work of the board;
(4) Establish and enforce minimum high school graduation requirements;
(5) For purposes of statewide accountability:
(a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, or the requirements of the Carl D. Perkins vocational education act of 1998, each as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students who are not meeting academic standards as defined in RCW 28A.165.015, disaggregated as described in RCW 28A.300.042(1) for student-level data. The board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through 12. The board shall adopt the goals by rule. However, before each goal is implemented, the board shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
(b)(i)(A) Identify the scores students must achieve in order to meet the standard on the statewide student assessment, and the SAT or the ACT if used to demonstrate career and college readiness under RCW 28A.230.710. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;
(B) To permit the legislature to take any statutory action it deems warranted before modified or newly established scores are implemented, the board shall notify the education committees of the house of representatives and the senate of any scores that are modified or established under (b)(i)(A) of this subsection on or after July 28, 2019. The notifications required by this subsection (5)(b)(i)(B) must be provided by November 30th of the year proceeding the beginning of the school year in which the modified or established scores will take effect;
(ii) The legislature intends to continue the implementation of chapter 22, Laws of 2013 2nd sp. sess. when the legislature expressed the intent for the state board of education to identify the student performance standard that demonstrates a student's career and college readiness for the 11th grade consortium-developed assessments. Therefore, by December 1, 2018, the state board of education, in consultation with the superintendent of public instruction, must identify and report to the governor and the education policy and fiscal committees of the legislature on the equivalent student performance standard that a 10th grade student would need to achieve on the state assessments to be on track to be career and college ready at the end of the student's high school experience;
(iii) The legislature shall be advised of the initial performance standards and any changes made to the elementary, middle, and high school level performance standards. The board must provide an explanation of and rationale for all initial performance standards and any changes, for all grade levels of the statewide student assessment. If the board changes the performance standards for any grade level or subject, the superintendent of public instruction must recalculate the results from the previous 10 years of administering that assessment regarding students below, meeting, and beyond the state standard, to the extent that this data is available, and post a comparison of the original and recalculated results on the superintendent's website;
(c) Annually review the assessment reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any improvements needed to the system; and
(d) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board;
(6) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through 12. However, no private school may be approved that operates a kindergarten program only and no private school shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials;
(7) Articulate with the institutions of higher education, workforce representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system;
(8) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The board may delegate to the executive director by resolution such duties as deemed necessary to efficiently carry on the business of the board including, but not limited to, the authority to employ necessary personnel and the authority to enter into, amend, and terminate contracts on behalf of the board. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW; and
(9) Adopt a seal that shall be kept in the office of the superintendent of public instruction.
[ 2024 c 66 s 13; 2021 c 111 s 10; 2019 c 252 s 112; 2017 3rd sp.s. c 31 s 3; 2013 2nd sp.s. c 22 s 7; 2011 1st sp.s. c 6 s 1; 2009 c 548 s 502; 2008 c 27 s 1; 2006 c 263 s 102; 2005 c 497 s 104; 2002 c 205 s 3; 1997 c 13 s 5; 1996 c 83 s 1; 1995 c 369 s 9; 1991 c 116 s 11; 1990 c 33 s 266. Prior: 1987 c 464 s 1; 1987 c 39 s 1; prior: 1986 c 266 s 86; 1986 c 149 s 3; 1984 c 40 s 2; 1979 ex.s. c 173 s 1; 1975-'76 2nd ex.s. c 92 s 1; 1975 1st ex.s. c 275 s 50; 1974 ex.s. c 92 s 1; 1971 ex.s. c 215 s 1; 1971 c 48 s 2; 1969 ex.s. c 223 s 28A.04.120; prior: 1963 c 32 s 1; 1961 c 47 s 1; prior: (i) 1933 c 80 s 1; 1915 c 161 s 1; 1909 c 97 p 236 s 5; 1907 c 240 s 3; 1903 c 104 s 12; 1897 c 118 s 27; 1895 c 150 s 1; 1890 p 352 s 8; Code 1881 s 3165; RRS s 4529. (ii) 1919 c 89 s 3; RRS s 4684. (iii) 1909 c 97 p 238 s 6; 1897 c 118 s 29; RRS s 4530. Formerly RCW 28A.04.120, 28.04.120, 28.58.280, 28.58.281, 28.58.282, 43.63.140.]
Notes:
Finding—Intent—Effective date—2021 c 111: See notes following RCW 28A.300.139.
Intent—2019 c 252: See note following RCW 28A.230.710.
Effective date—2017 3rd sp.s. c 31: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [July 7, 2017]." [ 2017 3rd sp.s. c 31 s 8.]
Findings—Intent—2013 2nd sp.s. c 22: See note following RCW 28A.655.068.
Effective date—2011 1st sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 31, 2011]." [ 2011 1st sp.s. c 6 s 2.]
Intent—Finding—2009 c 548: "(1)(a) The legislature intends to develop a system in which the state and school districts share accountability for achieving state educational standards and supporting continuous school improvement. The legislature recognizes that comprehensive education finance reform and the increased investment of public resources necessary to implement that reform must be accompanied by a new mechanism for clearly defining the relationships and expectations for the state, school districts, and schools. It is the legislature's intent that this be accomplished through the development of a proactive, collaborative accountability system that focuses on a school improvement system that engages and serves the local school board, parents, students, staff in the schools and districts, and the community. The improvement system shall be based on progressive levels of support, with a goal of continuous improvement in student achievement and alignment with the federal system of accountability.
(b) The legislature further recognizes that it is the state's responsibility to provide schools and districts with the tools and resources necessary to improve student achievement. These tools include the necessary accounting and data reporting systems, assessment systems to monitor student achievement, and a system of general support, targeted assistance, recognition, and, if necessary, state intervention.
(2) The legislature has already charged the state board of education to develop criteria to identify schools and districts that are successful, in need of assistance, and those where students persistently fail, as well as to identify a range of intervention strategies and a performance incentive system. The legislature finds that the state board of education should build on the work that the board has already begun in these areas. As development of these formulas, processes, and systems progresses, the legislature should monitor the progress." [ 2009 c 548 s 501.]
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Effective date—2005 c 497 ss 104, 302, 402, and 406 through 408: "Sections 104, 302, 402, and 406 through 408 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2005." [ 2005 c 497 s 410.]
Intent—Part headings not law—2005 c 497: See notes following RCW 28A.305.011.
Findings—Severability—Effective dates—2002 c 205 ss 2, 3, and 4: See notes following RCW 28A.320.125.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1984 c 40: See note following RCW 28A.195.050.
Severability—1975-'76 2nd ex.s. c 92: "If any provision of this 1976 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." [1975-'76 2nd ex.s. c 92 s 6.]
Districts to develop programs and establish programs regarding child abuse and neglect prevention: RCW 28A.225.200.
Professional certification not required of superintendents or deputy or assistant superintendents: RCW 28A.410.120.
Sexual abuse of students, child abuse, and neglect—Coordinated prevention program: RCW 28A.300.160.
Use of force on children—Policy—Actions presumed unreasonable: RCW 9A.16.100.

catchline: Powers and duties—Purpose.


title: RCW 28A.305.135

text:
(1) The state board of education must provide a school district fiscal impact statement prepared by the office of the superintendent of public instruction with the published notice of a rule-making hearing required under RCW 34.05.320 on rules proposed by the board. At the rule-making hearing, the board must also hear a presentation from the office of the superintendent of public instruction and take public testimony on the fiscal impact statement. A copy of the fiscal impact statement must be forwarded to the education committees of the legislature.
(2) The office of the superintendent of public instruction must solicit fiscal impact estimates from a representative sample of school districts across the state when preparing a fiscal impact statement.
(3) This section does not apply to the following rules:
(a) Emergency rules adopted under RCW 34.05.350;
(b) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, or rules of other Washington state agencies;
(c) Rules that adopt, amend, or repeal a procedure or practice related only to the operation of the state board of education and not to any external parties;
(d) Rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; or
(e) Rules the content of which is explicitly and specifically dictated by statute.
[ 2012 c 210 s 1.]

catchline: Rule making—School district fiscal impact statement required—Exceptions.


title: RCW 28A.305.190

text:
The state board of education shall adopt rules governing the eligibility of a child sixteen years of age and under nineteen years of age to take a test to earn a high school equivalency certificate as provided in RCW 28B.50.536 if the child provides a substantial and warranted reason for leaving the regular high school education program, if the child was home-schooled, or if the child is an eligible student enrolled in a dropout reengagement program under RCW 28A.175.100 through 28A.175.110.
[ 2013 c 39 s 8; 2010 c 20 s 6; 1993 c 218 s 1; 1991 c 116 s 5; 1973 c 51 s 2. Formerly RCW 28A.04.135.]
Notes:
Intent—2010 c 20: See note following RCW 28A.175.100.
Severability—1973 c 51: See note following RCW 28A.225.010.
Waiver of fees or residency requirements at community or technical colleges for students completing a high school education: RCW 28B.15.520.

catchline: Eligibility to take test to earn a high school equivalency certificate.


title: RCW 28A.305.215

text:
(1) The activities in this section revise and strengthen the state learning standards that implement the *goals of RCW 28A.150.210, known as the essential academic learning requirements, and improve alignment of school district curriculum to the standards.
(2) The state board of education shall be assisted in its work under subsections (3), (4), and (5) of this section by: (a) An expert national consultant in each of mathematics and science retained by the state board; and (b) the mathematics and science advisory panels created under **RCW 28A.305.219, as appropriate, which shall provide review and formal comment on proposed recommendations to the superintendent of public instruction and the state board of education on new revised standards and curricula.
(3) By September 30, 2007, the state board of education shall recommend to the superintendent of public instruction revised essential academic learning requirements and grade level expectations in mathematics. The recommendations shall be based on:
(a) Considerations of clarity, rigor, content, depth, coherence from grade to grade, specificity, accessibility, and measurability;
(b) Study of:
(i) Standards used in countries whose students demonstrate high performance on the trends in international mathematics and science study and the programme for international student assessment;
(ii) College readiness standards;
(iii) The national council of teachers of mathematics focal points and the national assessment of educational progress content frameworks; and
(iv) Standards used by three to five other states, including California, and the nation of Singapore; and
(c) Consideration of information presented during public comment periods.
(4)(a) By February 29, 2008, the superintendent of public instruction shall revise the essential academic learning requirements and the grade level expectations for mathematics and present the revised standards to the state board of education and the education committees of the senate and the house of representatives as required by RCW 28A.655.070(4).
(b) The state board of education shall direct an expert national consultant in mathematics to:
(i) Analyze the February 2008 version of the revised standards, including a comparison to exemplar standards previously reviewed under this section;
(ii) Recommend specific language and content changes needed to finalize the revised standards; and
(iii) Present findings and recommendations in a draft report to the state board of education.
(c) By May 15, 2008, the state board of education shall review the consultant's draft report, consult the mathematics advisory panel, hold a public hearing to receive comment, and direct any subsequent modifications to the consultant's report. After the modifications are made, the state board of education shall forward the final report and recommendations to the superintendent of public instruction for implementation.
(d) By July 1, 2008, the superintendent of public instruction shall revise the mathematics standards to conform precisely to and incorporate each of the recommendations of the state board of education under (c) of this subsection and submit the revisions to the state board of education.
(e) By July 31, 2008, the state board of education shall either approve adoption by the superintendent of public instruction of the final revised standards as the essential academic learning requirements and grade level expectations for mathematics, or develop a plan for ensuring that the recommendations under (c) of this subsection are implemented so that final revised mathematics standards can be adopted by September 25, 2008.
(5) By June 30, 2008, the state board of education shall recommend to the superintendent of public instruction revised essential academic learning requirements and grade level expectations in science. The recommendations shall be based on:
(a) Considerations of clarity, rigor, content, depth, coherence from grade to grade, specificity, accessibility, and measurability;
(b) Study of standards used by three to five other states and in countries whose students demonstrate high performance on the trends in international mathematics and science study and the programme for international student assessment; and
(c) Consideration of information presented during public comment periods.
(6) By December 1, 2008, the superintendent of public instruction shall revise the essential academic learning requirements and the grade level expectations for science and present the revised standards to the state board of education and the education committees of the senate and the house of representatives as required by RCW 28A.655.070(4). The superintendent shall adopt the revised essential academic learning requirements and grade level expectations unless otherwise directed by the legislature during the 2009 legislative session.
(7)(a) Within six months after the standards under subsection (4) of this section are adopted, the superintendent of public instruction shall present to the state board of education recommendations for no more than three basic mathematics curricula each for elementary, middle, and high school grade spans.
(b) Within two months after the presentation of the recommended curricula, the state board of education shall provide official comment and recommendations to the superintendent of public instruction regarding the recommended mathematics curricula. The superintendent of public instruction shall make any changes based on the comment and recommendations from the state board of education and adopt the recommended curricula.
(c) By June 30, 2009, the superintendent of public instruction shall present to the state board of education recommendations for no more than three basic science curricula each for elementary and middle school grade spans and not more than three recommendations for each of the major high school courses within the following science domains: Earth and space science, physical science, and life science.
(d) Within two months after the presentation of the recommended curricula, the state board of education shall provide official comment and recommendations to the superintendent of public instruction regarding the recommended science curricula. The superintendent of public instruction shall make any changes based on the comment and recommendations from the state board of education and adopt the recommended curricula.
(e) In selecting the recommended curricula under this subsection (7), the superintendent of public instruction shall provide information to the mathematics and science advisory panels created under **RCW 28A.305.219, as appropriate, and seek the advice of the appropriate panel regarding the curricula that shall be included in the recommendations.
(f) The recommended curricula under this subsection (7) shall align with the revised essential academic learning requirements and grade level expectations. In addition to the recommended basic curricula, appropriate diagnostic and supplemental materials shall be identified as necessary to support each curricula.
(g) Subject to funds appropriated for this purpose and availability of the curricula, at least one of the curricula in each grade span and in each of mathematics and science shall be available to schools and parents online at no cost to the school or parent.
(8) By December 1, 2007, the state board of education shall revise the high school graduation requirements under RCW 28A.230.090 to include a minimum of three credits of mathematics, one of which may be a career and technical course equivalent in mathematics, and prescribe the mathematics content in the three required credits.
(9) Nothing in this section requires a school district to use one of the recommended curricula under subsection (7) of this section. However, the statewide accountability plan adopted by the state board of education under RCW 28A.305.130 shall recommend conditions under which school districts should be required to use one of the recommended curricula. The plan shall also describe the conditions for exception to the curriculum requirement, such as the use of integrated academic and career and technical education curriculum. Required use of the recommended curricula as an intervention strategy must be authorized by the legislature as required by ***RCW 28A.305.130(4)(e) before implementation.
(10) The superintendent of public instruction shall conduct a comprehensive survey of the mathematics curricula being used by school districts at all grade levels and the textbook and curriculum purchasing cycle of the districts and report the results of the survey to the education committees of the legislature by November 15, 2008.
[ 2009 c 310 s 5. Prior: 2008 c 274 s 2; 2008 c 172 s 2; 2007 c 396 s 1.]
Notes:
Reviser's note: *(1) Reference to "goals" was deleted by 2009 c 548 s 101.
**(2) RCW 28A.305.219 expired June 30, 2012.
***(3) RCW 28A.305.130 was amended by 2009 c 548 s 502, deleting subsection (4)(e).
Effective date—2009 c 310 s 5: "Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 30, 2009]." [ 2009 c 310 s 6.]
Intent—2008 c 172: "The legislature intends that the revised mathematics standards by the office of the superintendent of public instruction will set higher expectations for Washington's students by fortifying content and increasing rigor; provide greater clarity, specificity, and measurability about what is expected of students in each grade; supply more explicit guidance to educators about what to teach and when; enhance the relevance of mathematics to students' lives; and ultimately result in more Washington students having the opportunity to be successful in mathematics. Additionally, the revised mathematics standards should restructure the standards to make clear the importance of all aspects of mathematics: Mathematics content including the standard algorithms, conceptual understanding of the content, and the application of mathematical processes within the content." [ 2008 c 172 s 1.]
Effective date—2008 c 172: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2008]." [ 2008 c 172 s 3.]
Effective date—2007 c 396 ss 1 and 2: "Sections 1 and 2 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 9, 2007]." [ 2007 c 396 s 22.]
Captions not law—2007 c 396: "Captions used in this act are not any part of the law." [ 2007 c 396 s 19.]
Finding—Intent—2007 c 396: See note following RCW 28A.188.020.

catchline: Essential academic learning requirements and grade level expectations—Revised standards and curricula for mathematics and science—Duties of the state board of education and the superintendent of public instruction—Revised graduation requirements.


title: RCW 28A.305.902

text:
The legislature encourages the members of the new state board of education to review the transfer of duties from the state board to other entities made in chapter 263, Laws of 2006 and if any of the duties that were transferred away from the state board are necessary for the board to accomplish the purpose set out in chapter 263, Laws of 2006 then the state board shall come back to the legislature to request those necessary duties to be returned to the state board of education. The state board of education is encouraged to make such a request by January 15, 2007.
[ 2006 c 263 s 101.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.

catchline: Transfer of duties—Review and recommendation—2006 c 263.


title: RCW 28A.305.905

text:
(1) The transfer of powers, duties, and functions of the superintendent of public instruction and the state board of education pursuant to chapter 177, Laws of 2018 do not affect the validity of any superintendent of public instruction or state board of education action performed before June 7, 2018.
(2) If apportionments of budgeted funds are required because of the transfer of powers, duties, and functions directed by chapter 177, Laws of 2018, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the director's certification.
(3) Unless otherwise provided, nothing contained in chapter 177, Laws of 2018 may be construed to alter any existing collective bargaining unit or provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.
[ 2018 c 177 s 702.]
Notes:
Finding—Intent—2018 c 177: "The legislature finds that specific powers, duties, and functions of the state board of education and the superintendent of public instruction should be realigned to better serve students and families, educators, school districts, and schools both public and private.
The legislature recognizes that the state board of education and the superintendent of public instruction, with the support of the governor's office, convened a roles and responsibilities task force to review their authorities and made recommendations to clarify and realign responsibilities among the agencies.
The legislature, therefore, intends to clarify, and in some cases shift, responsibilities related to private schools, educational service district boundaries, career and technical education equivalencies, adoption of learning standards, waiver of school district requirements, and compliance with basic education requirements." [ 2018 c 177 s 1.]

catchline: Transfer of duties between the state board of education and superintendent of public instruction—Validity of actions, funds apportionment, and collective bargaining.


title: RCW 28A.310.010

text:
It shall be the intent and purpose of this chapter to establish educational service districts as regional agencies which are intended to:
(1) Provide cooperative and informational services to local school districts;
(2) Assist the superintendent of public instruction and the state board of education in the performance of their respective statutory or constitutional duties; and
(3) Provide services to school districts and to the Washington center for deaf and hard of hearing youth and the school for the blind to assure equal educational opportunities.
[ 2019 c 266 s 15; 2009 c 381 s 25; 1988 c 65 s 1; 1977 ex.s. c 283 s 1; 1975 1st ex.s. c 275 s 1; 1971 ex.s. c 282 s 1; 1969 ex.s. c 176 s 1. Formerly RCW 28A.21.010, 28.19.500.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Severability—1977 ex.s. c 283: "If any provision of this 1977 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." [ 1977 ex.s. c 283 s 26.]
Severability—1971 ex.s. c 282: "If any provision of this 1971 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." [ 1971 ex.s. c 282 s 45.]
Rights preserved—1969 ex.s. c 176: "The amendment or repeal of any section referred to herein shall not be construed as affecting any existing right acquired under the provisions of the statutes amended or repealed nor any rule, regulation or order adopted pursuant thereto nor as affecting any proceeding as instituted thereunder." [ 1969 ex.s. c 176 s 160.]
Severability—1969 ex.s. c 176: "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." [ 1969 ex.s. c 176 s 161.]

catchline: Purpose.