title: RCW 28A.343.650

text:
Upon the establishment of a new school district of the first class having within its boundaries a city with a population of four hundred thousand people or more, the directors of the largest former first-class district and three directors representative of the other former first-class districts selected by a majority of the board members of the former first-class districts and two directors representative of former second-class districts selected by a majority of the board members of former second-class districts shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and duties conferred by law upon boards of first-class districts, until the next regular school election and until their successors are elected and qualified. Such duties shall include establishment of new director districts as provided for in *RCW 28A.315.670. At the next regular school election seven directors shall be elected by director districts, two for a term of two years, two for a term of four years and three for a term of six years. Thereafter their terms shall be as provided in *RCW 28A.315.460.
Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than seven, and such vacancies shall be filled in the manner otherwise provided by law.
[ 1991 c 363 s 27; 1990 c 33 s 323; 1980 c 35 s 6; 1980 c 47 s 3. Prior: 1979 ex.s. c 183 s 5; 1979 ex.s. c 126 s 9; 1975-'76 2nd ex.s. c 15 s 8; prior: 1975 1st ex.s. c 275 s 105; 1975 c 43 s 12; 1973 2nd ex.s. c 21 s 4; 1971 c 67 s 6. Formerly RCW 28A.315.630, 28A.57.358.]
Notes:
*Reviser's note: RCW 28A.315.670 and 28A.315.460 were recodified as RCW 28A.343.660 and 28A.343.610, respectively, pursuant to 1999 c 315 s 805.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Severability—1980 c 35: See note following RCW 28A.343.300.
Severability—1980 c 47: See note following RCW 28A.343.300.
Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050.
Directors—First-class districts having city with population of 400,000 people or more—Terms: RCW 28A.343.610.

catchline: New first-class district having city with population of 400,000 people or more—Number and terms of directors.


doc_type: statute

jurisdiction: wa

title: RCW 28A.343.660

text:
Notwithstanding any other provision of law, any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more shall be divided into seven director districts. The boundaries of such director districts shall be established by the members of the school board, such boundaries to be established so that each such district shall comply, as nearly as practicable, with the criteria established in RCW 29A.76.010. Boundaries of such director districts shall be adjusted by the school board following the procedure established in RCW 29A.76.010 after each federal decennial census if population change shows the need thereof to comply with the criteria of RCW 29A.76.010. No person shall be eligible for the position of school director in any such director district unless such person resides in the particular director district. Residents in the particular director district desiring to be a candidate for school director shall file their declarations of candidacy for such director district and for the position of director in that district and shall be voted upon, in any primary required to be held for the position under Title 29A RCW, by the registered voters of that particular director district. In the general election, each position shall be voted upon by all the registered voters in the school district. The order of the names of candidates shall appear on the primary and general election ballots as required for nonpartisan positions under Title 29A RCW. Except as provided in RCW 28A.343.670, every such director so elected in school districts divided into seven director districts shall serve for a term of four years as otherwise provided in RCW 28A.343.610.
[ 2015 c 53 s 14. Prior: 1991 c 363 s 28; 1991 c 288 ss 5, 6; prior: 1990 c 59 s 99; 1990 c 33 s 327; 1979 ex.s. c 183 s 6; 1973 2nd ex.s. c 21 s 5; 1969 c 131 s 9. Formerly RCW 28A.315.670, 28A.57.425.]
Notes:
Effective dates—1991 c 363 ss 28, 29, 33, 47, and 131: "(1) Sections 28, 29, 33, and 131 of this act shall take effect July 1, 1992.
(2) Section 47 of this act shall take effect July 1, 1993." [ 1991 c 363 s 165.]
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Effective date—1991 c 288 ss 6 and 8: "Sections 6 and 8 of this act shall take effect July 1, 1992." [ 1991 c 288 s 12.]
Expiration date—1991 c 288 ss 5 and 7: "Sections 5 and 7 of this act shall expire July 1, 1992." [ 1991 c 288 s 11.]
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: First-class districts having city with population of 400,000 people or more—Boundaries of director districts—Candidate eligibility—Declaration of candidacy—Primary limited to district voters—Terms of directors.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.343.670

text:
The school boards of any school district of the first class having within its boundaries a city with a population of four hundred thousand people or more shall establish the director district boundaries. Appointment of a board member to fill any vacancy existing for a new director district prior to the next regular school election shall be by the school board. Prior to the next regular election in the school district and the filing of declarations of candidacy therefor, the incumbent school board shall designate said director districts by number. Directors appointed to fill vacancies as above provided shall be subject to election, one for a six-year term, and one for a two-year term and thereafter the term of their respective successors shall be for four years. The term of office of incumbent members of the board of such district shall not be affected by RCW 28A.343.300, 28A.343.600, 28A.343.610, 28A.343.660, and this section. If the district is changing its director district boundaries under RCW 29A.92.040 or 29A.92.110, all director positions are subject to election at the next regular election.
[ 2019 c 454 s 3; 2015 c 53 s 15; 1995 c 335 s 106. Prior: 1991 c 363 s 29; 1991 c 288 ss 7, 8; prior: 1990 c 59 s 72; 1990 c 33 s 328; 1983 c 3 s 36; 1979 ex.s. c 183 s 7; 1973 2nd ex.s. c 21 s 6; 1969 c 131 s 10. Formerly RCW 28A.315.680, 28A.57.435.]
Notes:
Retroactive application—Effective date—2019 c 454: See notes following RCW 29A.92.050.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Effective dates—1991 c 363 ss 28, 29, 33, 47, and 131: See note following RCW 28A.343.660.
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.
Effective date—1991 c 288 ss 6 and 8: See note following RCW 28A.343.660.
Intent—Effective date—1990 c 59: See notes following RCW 29A.04.013.
Effective date—Severability—1979 ex.s. c 183: See notes following RCW 28A.343.020.

catchline: First-class districts having city with population of 400,000 people or more—Initial director district boundaries—Appointments to fill vacancies for new director districts—Director district numbers.


title: RCW 28A.343.680

text:
Upon the establishment of a new school district of the second class, the directors of the old school districts who reside within the limits of the new district shall meet at the call of the educational service district superintendent and shall constitute the board of directors of the new district. If fewer than five such directors reside in any such new second-class school district, they shall become directors of said district, and the educational service district board shall appoint the number of additional directors required to constitute a board of five directors for the new second-class district. Vacancies once such a board has been reconstituted shall not be filled unless the number of remaining board members is less than five in a second-class district, and such vacancies shall be filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed at once to organize in the manner prescribed by law and thereafter shall have all the powers and authority conferred by law upon boards of directors of other districts of the same class. Each initial director shall hold office until his or her successor is elected and qualified: PROVIDED, That the election of the successor shall be held during the second district general election after the initial directors have assumed office. At such election, no more than five directors shall be elected either at large or by director districts, as the case may be, two for a term of two years and three for a term of four years. Directors thereafter elected and qualified shall serve such terms as provided for in *RCW 28A.315.450.
[ 1990 c 33 s 316; 1980 c 35 s 2; 1979 ex.s. c 126 s 5; 1975-'76 2nd ex.s. c 15 s 5. Prior: 1975 1st ex.s. c 275 s 101; 1975 c 43 s 7; 1971 c 67 s 1; 1969 ex.s. c 176 s 137; 1969 ex.s. c 223 s 28A.57.328; prior: 1959 c 268 s 7, part; 1947 c 266 s 24, part; Rem. Supp. 1947 s 4693-43, part. Formerly RCW 28A.315.550, 28A.57.328, 28.57.350, part.]
Notes:
*Reviser's note: RCW 28A.315.450 was recodified as RCW 28A.343.300 pursuant to 1999 c 315 s 804.
Severability—1980 c 35: See note following RCW 28A.343.300.
Purpose—1979 ex.s. c 126: See RCW 29A.60.280(1).
Effective date—Severability—1975 c 43: See notes following RCW 28A.535.050.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.

catchline: New second-class districts—Number and terms of directors.


title: RCW 28A.345.010

text:
The public necessity for the coordination of programs and procedures pertaining to policy making and to control and management among the school districts of the state is hereby recognized, and in the furtherance of such coordination there is hereby created for said purpose an agency of the state to be known as the Washington state school directors' association, hereinafter designated as the school directors' association.
[ 1969 ex.s. c 223 s 28A.61.010. Prior: 1947 c 169 s 1; Rem. Supp. 1947 s 4709-20. Formerly RCW 28A.61.010, 28.58.320.]

catchline: Association created.


title: RCW 28A.345.020

text:
The membership of the school directors' association shall comprise the members of the boards of directors of the school districts of the state.
[ 1969 ex.s. c 223 s 28A.61.020. Prior: 1947 c 169 s 2; Rem. Supp. 1947 s 4709-21. Formerly RCW 28A.61.020, 28.58.330.]

catchline: Membership.


title: RCW 28A.345.030

text:
The school directors' association shall have the power:
(1) To prepare and adopt, amend, and repeal a constitution, rules and regulations, and bylaws for its own organization including county or regional units, for its government and guidance, for the election of state board of education members, and for educational service district elections: PROVIDED, That action taken with respect thereto is consistent with the provisions of this chapter or with other provisions of law;
(2) To arrange for and call such meetings of the association or of the officers and committees thereof as are deemed essential to the performance of its duties;
(3) To provide for the compensation of members of the board of directors in accordance with RCW 43.03.240, and for payment of travel and subsistence expenses incurred by members and/or officers of the association and association staff while engaged in the performance of duties under direction of the association in the manner provided by RCW 28A.320.050;
(4) To employ an executive director and other staff and pay such employees out of the funds of the association;
(5) To conduct studies and disseminate information therefrom relative to increased efficiency in local school board administration;
(6) To buy, lease, sell, or exchange such personal and real property as necessary for the efficient operation of the association and to borrow money, issue deeds of trust or other evidence of indebtedness, or enter into contracts for the purchase, lease, remodeling, or equipping of office facilities or the acquisition of sites for such facilities;
(7) To purchase liability insurance for school directors, which insurance may indemnify said directors against any or all liabilities for personal or bodily injuries and property damage arising from their acts or omissions while performing or while in good faith purporting to perform their official duties as school directors;
(8) To provide advice and assistance to local boards to promote their primary duty of representing the public interest;
(9) Upon request by a local school district board(s) of directors, to make available on a cost reimbursable contract basis (a) specialized services, (b) research information, and (c) consultants to advise and assist district board(s) in particular problem areas: PROVIDED, That such services, information, and consultants are not already available from other state agencies, educational service districts, or from the information and research services authorized by RCW 28A.320.110.
[ 2022 c 79 s 2; 1991 c 66 s 1; 1990 c 33 s 372; 1989 c 325 s 1; 1983 c 187 s 1; 1979 c 151 s 13; 1974 ex.s. c 101 s 1; 1969 ex.s. c 184 s 4; 1969 ex.s. c 223 s 28A.61.030. Prior: 1947 c 169 s 3; Rem. Supp. 1947 s 4709-22. Formerly RCW 28A.61.030, 28.58.340.]
Notes:
Effective date—1989 c 325: "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 shall take effect June 30, 1989." [ 1989 c 325 s 3.]

catchline: Powers of association.


title: RCW 28A.345.040

text:
It shall be the duty of the school directors' association (1) to take such action as the association deems advisable to effect a coordination of policy making, control, and management of the school districts of the state; and (2) to prepare and submit to the superintendent of public instruction annually, and oftener if deemed advisable by the association, reports and recommendations respecting the aforesaid matters and any other matters which in the judgment of the association pertain to an increase in the efficiency of the common school system.
[ 1969 ex.s. c 223 s 28A.61.040. Prior: 1947 c 169 s 4; Rem. Supp. 1947 s 4709-23. Formerly RCW 28A.61.040, 28.58.350.]

catchline: Coordination of policies—Report.


title: RCW 28A.345.050

text:
The school directors' association may establish a graduated schedule of dues for members of the association based upon the number of certificated personnel in each district. Dues shall be established for the directors of each district as a group. The total of all dues assessed shall not exceed twenty-seven cents for each one thousand dollars of the statewide total of all school districts' general fund receipts. The board of directors of a school district shall make provision for payment out of the general fund of the district of the dues of association members resident in the district, which payment shall be made in the manner provided by law for the payment of other claims against the general fund of the district. The dues for each school district shall be due and payable on the first day of January of each year.
[ 1983 c 187 s 2; 1969 c 125 s 2; 1969 ex.s. c 223 s 28A.61.050. Prior: 1967 ex.s. c 8 s 76; 1965 c 103 s 1; 1957 c 281 s 1; 1953 c 226 s 1; 1947 c 169 s 5; Rem. Supp. 1947 s 4709-24. Formerly RCW 28A.61.050, 28.58.360.]

catchline: Association dues—Payment.


title: RCW 28A.345.070

text:
(1) Beginning in 2023, the Washington state school directors' association shall convene annual meetings regionally and invite the tribal councils from the federally recognized tribes in the region for the purpose of establishing government-to-government relationships and dialogue between tribal councils of the federally recognized tribes and school district boards of directors. Meetings are encouraged to be in person, but may be conducted virtually if cost or other factors impact participants' ability to travel or meet in person. Participants in these meetings should discuss issues of mutual concern, and should work to:
(a) Identify the extent and nature of the achievement gap and strategies necessary to close it;
(b) Emphasize the importance of creating an inclusive educational environment where all native students will receive educational resources and support required to have the opportunity to succeed in the pursuit of their educational goals; and
(c) Ensure school boards understand the importance of identifying and adopting curriculum that includes federally recognized tribes' experiences and perspectives, so that native students are more engaged and learn more successfully, and so that all students learn about the history, culture, government, and experiences of their Indian peers and neighbors.
(2) Meetings held regionally must also include discussions of:
(a) Tribal consultation training and training requirements created under RCW 28A.300.108;
(b) Identification of native students, including federal identification guidelines for American Indian and Alaska Native students;
(c) Data sharing from school districts to federally recognized tribes; and
(d) Consultations between individual school boards and local federally recognized tribes.
(3) By December 1, 2024, and every two years thereafter through 2028, the school directors' association shall report to the education committees of the legislature regarding the progress made in the development of effective government-to-government relations, the narrowing of the achievement gap, and the identification and adoption of curriculum regarding tribal history, culture, and government. The report shall include information about any obstacles encountered, and any strategies under development to overcome them.
(4) The school directors' association shall, at a minimum, partner with the office of Native education within the office of the superintendent of public instruction to gather data for the purposes of the report required in subsection (3) of this section.
[ 2022 c 9 s 2; 2005 c 205 s 2.]
Notes:
Intent—Findings—2005 c 205: See note following RCW 28A.320.170.

catchline: Tribal relationships—Achievement gap—Curriculum—Reports to the legislature.


title: RCW 28A.345.075

text:
(1) The Washington state school directors' association, in consultation and collaboration with tribes, shall develop a model policy and procedure to establish data-sharing agreements between school districts and local tribes by January 1, 2021.
(2) In developing the model policy and procedure, the Washington state school directors' association must:
(a) Consult with the office of the superintendent of public instruction, the office of native education, the tribal leaders congress on education, and local tribes;
(b) Consider model agreements developed by the bureau of Indian education and model data-sharing agreements and procedures developed by national native educational organizations; and
(c) Consider standards for the identification of native students for data-sharing purposes.
(3) The model policy and procedure developed under this section must safeguard students' personally identifiable information consistent with the requirements of the federal family educational rights and privacy act (20 U.S.C. Sec. 1232g).
[ 2020 c 206 s 1.]

catchline: School districts and tribes—Education data-sharing agreements.


title: RCW 28A.345.080

text:
The Washington state school directors' association shall adopt a model policy and procedure that school districts may use for granting waivers to individual students of up to two credits required for high school graduation based on unusual circumstances. The purpose of the model policy and procedure is to assist school districts in providing all students the opportunity to complete graduation requirements without discrimination and without disparate impact on groups of students. The model policy must take into consideration the unique limitations of a student that may be associated with such circumstances as homelessness, limited English proficiency, medical conditions that impair a student's opportunity to learn, or disabilities, regardless of whether the student has an individualized education program or a plan under section 504 of the federal rehabilitation act of 1973. The model policy must also address waivers if the student has not been provided with an opportunity to retake classes or enroll in remedial classes free of charge during the first four years of high school. The Washington state school directors' association must distribute the model policy and procedure to all school districts in the state that grant high school diplomas by June 30, 2015.
[ 2014 c 217 s 203.]
Notes:
Finding—Intent—2014 c 217: See note following RCW 28A.150.220.

catchline: Model policy and procedure for granting waivers of credit for high school graduation.


title: RCW 28A.345.085

text:
(1) The Washington state school directors' association shall develop a model policy and procedure for nurturing a positive social and emotional school and classroom climate. The goal of the policy and procedure is to support and promote school and school district action plans that create, maintain, and nurture physically, emotionally, and intellectually safe, respectful, and positive school and classroom environments that foster equitable, ethical, social, emotional, and academic education for all students. The association shall update the model policy and procedure periodically to align with the work of the social-emotional learning committee created under RCW 28A.300.477.
(2) The model policy and procedure must include the following elements:
(a) Recognize that there is not one best way to create, maintain, and nurture a positive social and emotional school and classroom climate and consider each school's history, strengths, needs, and goals;
(b) Define and describe the essential elements of a positive social and emotional school and classroom climate, which must align with the social-emotional learning standards and benchmarks adopted by the office of the superintendent of public instruction under RCW 28A.300.478;
(c) Recognize the important role that students' families play in collaborating with the school and school district in creating, maintaining, and nurturing a positive social and emotional school and classroom climate; and
(d) Describe a framework for an effective and informed positive social and emotional school and classroom climate improvement process that includes a continuous cycle of planning and preparation, evaluation, action planning, and implementation.
(3)(a) The model policy and procedure must also protect the integrity of learning environments with the following elements:
(i) School districts must provide information to the parents and guardians of enrolled students regarding students' rights to a free public education, regardless of immigration status or religious beliefs.
(ii) School districts must provide meaningful access to this information for families with limited English proficiency.
(b) The elements described in this subsection (3) may be included in a separate model policy and procedure.
(4) In developing the model policy and procedure described in this section, the Washington state school directors' association must:
(a) Consult with staff at the office of the superintendent of public instruction and organizations with expertise in social and emotional health and in equity, race, and inclusive learning environments;
(b) Work with the social-emotional learning committee created under RCW 28A.300.477 to align the climate improvement framework with the statewide framework for social-emotional learning;
(c) Consider the relationship between the model policy and procedure and policies related to student behaviors and student discipline; and
(d) Review research on, and examples of effective implementation of, restorative practices, collaborative and proactive practices, trauma-sensitive and trauma-informed practices, classroom management, and other topics related to the goal of the policy as identified in subsection (1) of this section.
(5) The model policy and procedure developed under this section must be posted publicly on the Washington state school directors' association's website by March 1, 2021. Updates to the model policy and procedure must be posted publicly within a reasonable time of development.
(6)(a) By the beginning of the 2021-22 school year, each school district must adopt or amend if necessary policies and procedures that, at a minimum, incorporate all the elements described in subsection (3) of this section. School districts must periodically review their policies and procedures for consistency with updated versions of the model policy.
(b) By the beginning of the 2021-22 school year, each school district may adopt or amend if necessary policies and procedures that incorporate the elements described in subsection (2) of this section. School districts may periodically review their policies and procedures for consistency with updated versions of the model policy.
[ 2020 c 235 s 2.]
Notes:
Finding—Intent—2020 c 235: "The legislature finds that each school community member should be treated with dignity, should have the opportunity to learn, work, interact, and socialize in physically, emotionally, and intellectually safe, respectful, and positive school environments, and should have the opportunity to experience high quality relationships. The legislature recognizes that schools have the responsibility to promote conditions designed to create, maintain, and nurture a positive social and emotional school and classroom climate. Therefore, the legislature intends to require the Washington state school directors' association to develop a model policy and procedure for nurturing a positive social and emotional school and classroom climate for all students. The legislature intends to require school districts to adopt elements of the model policy and procedure that protect the integrity of learning environments and allow school districts to adopt other elements of the model." [ 2020 c 235 s 1.]

catchline: Model policy and procedure for nurturing a positive social and emotional school and classroom climate—Adoption by school districts.


title: RCW 28A.345.090

text:
(1) The Washington state school directors' association shall create model school district discipline policies and procedures and post these models publicly by December 1, 2016. In developing these model policies and procedures, the association shall request technical assistance and guidance from the equity and civil rights office within the office of the superintendent of public instruction and the Washington state human rights commission. The model policies and procedures shall be updated as necessary.
(2) School districts shall adopt and enforce discipline policies and procedures consistent with the model policy by the beginning of the 2017-18 school year.
[ 2016 c 72 s 103.]
Notes:
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.

catchline: Model school district discipline policies—Adoption and enforcement by school districts.


title: RCW 28A.345.110

text:
By December 15, 2021, the Washington state school directors' association, in consultation with the office of the superintendent of public instruction, shall adopt a model policy and procedure that school districts may use to implement the requirements of RCW 28A.210.355. The model policy and procedure must be periodically reviewed by the Washington state school directors' association and may be revised as necessary.
[ 2021 c 29 s 4.]
Notes:
Reviser's note: This section was directed to be codified in chapter 28A.235 RCW, but placement in chapter 28A.345 RCW appears to be more appropriate.

catchline: Model policy and procedure for students with epilepsy or other seizure disorders.


title: RCW 28A.345.115

text:
(1) The Washington state school directors' association shall:
(a) Develop cultural competency, diversity, equity, and inclusion standards for school director governance;
(b) Collaborate with the Washington professional educator standards board to compare and align the standards for school director governance developed under (a) of this subsection with the standards of practice developed under RCW 28A.410.260. The review must include the educational opportunity gap oversight and accountability committee and may include the office of equity established under RCW 43.06D.020; and
(c) Maintain the final cultural competency, diversity, equity, and inclusion standards for school director governance on its website at no cost to school districts.
(2) By November 1, 2030, and every 10 years thereafter, the Washington state school directors' association shall review the definitions in RCW 28A.415.443 and the cultural competency, diversity, equity, and inclusion standards for school director governance developed under subsection (1) of this section and report, in compliance with RCW 43.01.036, to the appropriate committees of the legislature with any recommendations for revising the definitions in RCW 28A.415.443.
(3) For purposes of this section, "cultural competency," "diversity," "equity," and "inclusion" have the same meaning as in RCW 28A.415.443.
[ 2021 c 197 s 3.]
Notes:
Finding—Intent—2021 c 197: See note following RCW 28A.415.443.

catchline: School director governance—Cultural competency, diversity, equity, and inclusion—Report.


title: RCW 28A.345.120

text:
(1) The Washington state school directors' association shall identify or develop and periodically update governance training programs that align with the cultural competency, diversity, equity, and inclusion standards for school director governance developed under RCW 28A.345.115. The governance training programs must also include building government-to-government relationships with federally recognized tribes, multicultural education, and principles of English language acquisition. Governance training programs may be developed in collaboration with other entities.
(2) Beginning with the 2022 calendar year, the Washington state school directors' association shall provide a governance training program identified or developed under subsection (1) of this section at the frequency necessary for school directors to meet the requirement in RCW 28A.343.100.
(3) For purposes of this section, "cultural competency," "diversity," "equity," and "inclusion" have the same meaning as in RCW 28A.415.443.
[ 2021 c 197 s 5.]
Notes:
Finding—Intent—2021 c 197: See note following RCW 28A.415.443.

catchline: School director governance—Cultural competency, diversity, equity, and inclusion—Training programs.


title: RCW 28A.345.130

text:
(1) By June 1, 2025, the Washington state school directors' association, with the assistance of the office of the superintendent of public instruction, must review and update a model policy and procedure regarding course design, selection, and adoption of instructional materials.
(2) The model policy and procedure must require that school district boards of directors, within available materials, adopt inclusive curricula and select diverse, equitable, inclusive, age-appropriate instructional materials that include the histories, contributions, and perspectives of historically marginalized and underrepresented groups including, but not limited to, people from various racial, ethnic, and religious backgrounds, people with differing learning needs, people with disabilities, LGBTQ people as the term is defined in RCW 43.114.010, and people with various socioeconomic and immigration backgrounds.
(3) The model policy and procedure must require that, in adopting curricula and selecting instructional materials in accordance with this section, school district boards of directors must seek curricula and instructional materials that are as culturally and experientially diverse as possible, recognizing that the availability of materials that include the histories, contributions, and perspectives of historically marginalized and underrepresented groups may vary.
(4) By October 1, 2025, school district boards of directors must amend the policy and procedures required under RCW 28A.320.230 to conform with the model policy and procedure required by this section. Additionally, by October 1, 2025, charter school boards and schools subject to state-tribal education compacts must adopt or amend their policies and procedures governing curricula adoption and the selection of instructional materials to conform with the model policy and procedure required by this section. For the purpose of documenting compliance with this section and assisting school districts in accordance with RCW 28A.300.1251, school district boards of directors, within 10 days of completing the policy and procedure updates required by this subsection (4), shall provide notice of the completed actions and electronic copies of the applicable policies and procedures to the office of the superintendent of public instruction.
(5) This section governs school operation and management under RCW 28A.710.040 and 28A.715.020, and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent as it applies to school districts.
[ 2024 c 157 s 2.]
Notes:
Intent—2024 c 157: "(1) The legislature recognizes that Washington state law prohibits discrimination in public schools for certain protected classes. The legislature also acknowledges that school districts are required to adopt a policy related to the selection or removal of instructional materials. Under state rule, the instructional materials policy of each school district must establish and use appropriate screening criteria to identify and eliminate bias pertaining to protected classes.
(2) The legislature intends to expand these requirements by requiring school districts to adopt policies and procedures that incorporate adopting inclusive curricula and selecting inclusive instructional materials that include the histories, contributions, and perspectives of historically marginalized and underrepresented groups. The legislature recognizes that inclusive curricula have been shown to often improve the mental health, academic performance, attendance rates, and graduation rates of historically marginalized and underrepresented communities. Research on students' sense of belonging and community in the school setting confirms that inclusive curricula and learning environments contribute to increased school motivation, participation, and achievement.
(3) The legislature intends to promote culturally and experientially representative learning opportunities for all students by directing the office of the superintendent of public instruction, when revising or developing state learning standards, to screen for inappropriate bias in the proposed state learning standards and to ensure that the histories, contributions, and perspectives of historically marginalized and underrepresented peoples and communities are included in the standards.
(4) The legislature believes that promoting inclusive learning standards, curricula, and instructional materials will improve student achievement, attendance, parent and family engagement, and other dimensions that contribute to student success." [ 2024 c 157 s 1.]

catchline: Model policy and procedure for instructional materials—Diverse and inclusive curricula.


title: RCW 28A.345.902

text:
This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1983.
[ 1983 c 187 s 8. Formerly RCW 28A.61.910.]

catchline: Effective date—1983 c 187.


title: RCW 28A.400.005

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 30.]
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.400.007

text:
(1) In addition to the staffing units in RCW 28A.150.260, the superintendent of public instruction must provide school districts with allocations for the following staff units if and to the extent that funding is specifically appropriated and designated for that category of staffing unit in the omnibus operating appropriations act.
(a) Additional staffing units for each level of prototypical school in RCW 28A.150.260:
Elementary School
Middle School
High School
Principals, assistant principals, and other certificated building-level administrators. . . .
0.0470
0.0470
0.0200
Teacher-librarians, a function that includes information literacy, technology, and media to support school library media programs. . . .
0.3370
0.4810
0.4770
Paraeducators, including any aspect of educational instructional services provided by classified employees. . . .
0.988
0.224
0.272
Office support and other noninstructional aides. . . .
0.912
1.099
0.155
Custodians. . . .
0.0430
0.0580
0.0350
Classified staff providing student and staff safety. . . .
0.0000
0.6080
1.1590
Parent involvement coordinators. . . .
0.9175
1.0000
1.0000
(b) Additional certificated instructional staff units sufficient to achieve the following reductions in class size in each level of prototypical school under RCW 28A.150.260:
General education
certificated instructional
staff units sufficient to
achieve class size reduction of:
Grades K-3 class size. . . .0.00
Grade 4. . . .2.00
Grades 5-6. . . .2.00
Grades 7-8. . . .3.53
Grades 9-12. . . .3.74
CTE. . . .4.00
Skills. . . . 3.00
High poverty
certificated instructional
staff units sufficient to
achieve class size reduction of:
Grades K-3 class size. . . .2.00
Grade 4. . . .5.00
Grades 5-6. . . .4.00
Grades 7-8. . . .5.53
Grades 9-12. . . .5.74
(2) The staffing units in subsection (1) of this section are an enrichment to and are beyond the state's statutory program of basic education in RCW 28A.150.220 and 28A.150.260. However, if and to the extent that any of these additional staffing units are funded by specific reference to this section in the omnibus operating appropriations act, those units become part of prototypical school funding formulas and a component of the state funding that the legislature deems necessary to support school districts in offering the statutory program of basic education under Article IX, section 1 of the state Constitution.
[ 2024 c 191 s 3; 2022 c 109 s 5; 2017 3rd sp.s. c 13 s 904.]
Notes:
Reviser's note: The effective date of 2022 c 109 s 5 is September 1, 2024. However, 2022 c 109 s 5 was amended by 2024 c 191 s 3, which has an effective date of June 6, 2024. Consequently, the effective date of this section is June 6, 2024.
Intent—2024 c 191: See note following RCW 28A.150.260.
Effective date—2022 c 109 ss 4 and 5: See note following RCW 28A.150.260.
Intent—2022 c 109: See note following RCW 28A.300.476.
Intent—2017 3rd sp.s. c 13: "The legislature recognizes that legislation enacted in 2014 and 2015 established a phase-in of increased school district staffing ratios. Under current law, these increased staffing ratios begin in the 2019-2021 biennium and exceed the school district staffing ratios established in chapter 236, Laws of 2010 (Substitute House Bill No. 2776) and in chapter 13, Laws of 2017 3rd sp. sess. In light of the education investments funded pursuant to the 2010 and 2017 legislation, the legislature intends to review and prioritize future staffing ratio increases to focus on reducing the opportunity gap, assisting struggling students, enhancing the educational outcomes for all students, and strengthening support for all schools and school district staff." [ 2017 3rd sp.s. c 13 s 903.]
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.

catchline: Staffing enrichments to the program of basic education.


title: RCW 28A.400.009

text:
(1) The Washington state school directors' association shall develop or revise, and periodically update, a model policy and procedure to prevent and address secondary traumatic stress in the workforce.
(2) The model policy and procedure must include the following elements:
(a) A commitment to support mental health in the workplace;
(b) Promotion of a positive workplace climate with a focus on diversity and inclusion;
(c) Establishment of a district-wide workforce mental health committee with the following functions:
(i) Share secondary traumatic stress, stress management, and other mental health resources and supports available through the office of the superintendent of public instruction, the educational service districts, and the school employees' benefits board created in RCW 41.05.740;
(ii) Share links to a secondary traumatic stress self-assessment tool and any associated resources; and
(iii) Report to the school district board of directors at least once per year with a summary of committee activities;
(d) Regular assessment of district-level and school building-level implementation of the policy and procedures that includes input from the workforce; and
(e) Provision of appropriate resources and training to schools and staff for continuous improvement.
(3) The model policy and procedure developed under this section must be posted publicly on the Washington state school directors' association's website by August 1, 2021. Updates to the model policy and procedure must be posted publicly within a reasonable time of development.
(4) By the beginning of the 2021-22 school year, each school district must adopt, or amend if necessary, policies and procedures that, at a minimum, incorporate all the elements described in subsection (2) of this section. School districts must periodically review their policies and procedures for consistency with updated versions of the model policy and procedure.
[ 2021 c 129 s 3.]
Notes:
Finding—Intent—2021 c 129: See note following RCW 28A.300.825.

catchline: Secondary traumatic stress—Policy and procedure.


title: RCW 28A.400.010

text:
In all districts the board of directors shall elect a superintendent who shall have such qualification as the local school board alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law. Notwithstanding the provisions of *RCW 28A.400.300(1), the board may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the district. The right to renew a contract of employment with any school superintendent shall rest solely with the discretion of the school board employing such school superintendent. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable.
[ 1990 c 33 s 376; 1985 c 7 s 94; 1975-'76 2nd ex.s. c 114 s 10; 1975-'76 2nd ex.s. c 15 s 10. Prior: 1975 1st ex.s. c 254 s 2; 1975-'76 1st ex.s. c 137 s 1; 1969 ex.s. c 223 s 28A.58.137; prior: (i) 1909 c 97 p 300 s 11; RRS s 4821. Formerly RCW 28.63.060. (ii) 1909 c 97 p 302 s 8; RRS s 4830. Formerly RCW 28.63.062. (iii) 1909 c 97 p 302 s 9; RRS s 4831. Formerly RCW 28.63.064. (iv) 1909 c 97 p 290 s 4, part; RRS s 4793, part. Formerly RCW 28A.58.137, 28.62.040, part.]
Notes:
*Reviser's note: RCW 28A.400.300 was amended by 2012 c 186 s 20, changing subsection (1) to subsection (1)(a).
Savings—1975-'76 2nd ex.s. c 114: "Nothing in this 1976 amendatory act shall be construed to annul or to modify or to preclude the continuation of any lawful agreement entered into prior to the effective date of this 1976 amendatory act." [1975-'76 2nd ex.s. c 114 s 11.]
Severability—1975-'76 2nd ex.s. c 114: "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 114 s 12.]
Reimbursement of expenses of directors, other school representatives, and superintendent candidates—Advancing anticipated expenses: RCW 28A.320.050.

catchline: Employment of superintendent—Superintendent's qualifications, general powers, term, contract renewal.


title: RCW 28A.400.020

text:
Every school district director and school district superintendent, on assuming the duties of his or her office, shall place his or her signature, certified to by some school district official, on file in the office of the county auditor.
[ 1990 c 33 s 377; 1969 ex.s. c 223 s 28A.58.140. Prior: 1909 c 97 p 289 s 12; RRS s 4787; prior: 1897 c 118 s 61; 1890 p 380 s 70. Formerly RCW 28A.58.140, 28.58.140.]

catchline: Directors' and superintendents' signatures filed with auditor.


title: RCW 28A.400.030

text:
In addition to such other duties as a district school board shall prescribe the school district superintendent shall:
(1) Attend all meetings of the board of directors and cause to have made a record as to the proceedings thereof.
(2) Keep such records and reports and in such form as the district board of directors require or as otherwise required by law or rule or regulation of higher administrative agencies and turn the same over to his or her successor.
(3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his or her record book of board proceedings for public inspection, and shall make a statement of the financial condition of the district and such record book must always be open for public inspection.
(4) Give such notice of all annual or special elections as otherwise required by law; also give notice of the regular and special meetings of the board of directors.
(5) Sign all orders for warrants ordered to be issued by the board of directors.
(6) Carry out all orders of the board of directors made at any regular or special meeting.
[ 1991 c 116 s 14; 1990 c 33 s 378; 1983 c 56 s 8; 1977 ex.s. c 80 s 30; 1975-'76 2nd ex.s. c 118 s 30; 1975 1st ex.s. c 275 s 110; 1971 c 48 s 30; 1969 ex.s. c 223 s 28A.58.150. Prior: 1909 c 97 p 304 s 2; RRS s 4842; prior: 1907 c 163 s 3; 1899 c 142 s 10; 1897 c 118 s 49; 1893 c 107 s 5; 1891 c 127 s 12; 1890 p 367 s 34; Code 1881 ss 3194, 3195, 3196, 3197; 1873 p 428 ss 10, 11, 12, 13. Formerly RCW 28A.58.150, 28.58.150.]
Notes:
Severability—1983 c 56: See note following RCW 28A.195.010.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes following RCW 4.16.190.
Severability—1975-'76 2nd ex.s. c 118: See note following RCW 28A.505.010.
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Superintendent's duties.


title: RCW 28A.400.100

text:
School districts may employ public school principals and/or vice principals to supervise the operation and management of the school to which they are assigned. Such persons shall hold valid administrative certificates and shall hold or have held either valid teacher certificates or valid educational staff associate certificates. Persons who hold or have held valid educational staff associate certificates must also have demonstrated successful school-based experience in an instructional role with students. Persons whose certificates were revoked, suspended, or surrendered may not be employed as public school principals or vice principals. In addition to such other duties as shall be prescribed by law and by the job description adopted by the board of directors, each principal shall:
(1) Assume administrative authority, responsibility and instructional leadership, under the supervision of the school district superintendent, and in accordance with the policies of the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible.
(2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible.
(3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve the instructional program of the attendance area for which he or she is responsible.
(4) Assume administrative authority and responsibility for the supervision, counseling and discipline of pupils in the attendance area for which he or she is responsible.
[ 2002 c 78 s 1; 1977 ex.s. c 272 s 1. Formerly RCW 28A.58.160.]
Notes:
Severability—1977 ex.s. c 272: "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." [ 1977 ex.s. c 272 s 2.]

catchline: Principals and vice principals—Employment of—Qualifications—Duties.


title: RCW 28A.400.110

text:
Within each school the school principal shall determine that appropriate student discipline is established and enforced. In order to assist the principal in carrying out the intent of this section, the principal and the certificated employees in a school building shall confer at least annually in order to develop and/or review building disciplinary standards and uniform enforcement of those standards. Such building standards shall be consistent with the provisions of RCW 28A.600.020(3).
School principals and certificated employees shall also confer annually, to establish criteria for determining when certificated employees must complete classes to improve classroom management skills.
[ 1997 c 266 s 12; 1990 c 33 s 379; 1980 c 171 s 2; 1975-'76 2nd ex.s. c 97 s 3. Formerly RCW 28A.58.201.]
Notes:
Findings—Intent—Severability—1997 c 266: See notes following RCW 28A.600.455.

catchline: Principal to assure appropriate student discipline—Building discipline standards—Classes to improve classroom management skills.


title: RCW 28A.400.200

text:
(1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section.
(2)(a) Through the 2017-18 school year, salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a baccalaureate degree and zero years of service;
(b) Salaries for certificated instructional staff with a master's degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a master's degree and zero years of service; and
(c) Beginning with the 2018-19 school year:
(i) Salaries for full-time certificated instructional staff must not be less than forty thousand dollars, to be adjusted for regional differences in the cost of hiring staff as specified in RCW 28A.150.410, and to be adjusted annually by the same inflationary measure as provided in RCW 28A.400.205;
(ii) Salaries for full-time certificated instructional staff with at least five years of experience must exceed by at least ten percent the value specified in (c)(i) of this subsection;
(iii) A district may not pay full-time certificated instructional staff a salary that exceeds ninety thousand dollars, subject to adjustment for regional differences in the cost of hiring staff as specified in RCW 28A.150.410. This maximum salary is adjusted annually by the inflationary measure in RCW 28A.400.205;
(iv) These minimum and maximum salaries apply to the services provided as part of the state's statutory program of basic education and exclude supplemental contracts for additional time, responsibility, or incentive pursuant to this section or for enrichment pursuant to RCW 28A.150.276;
(v) A district may pay a salary that exceeds this maximum salary by up to ten percent for full-time certificated instructional staff: Who are educational staff associates; who teach in the subjects of science, technology, engineering, or math; or who teach in the transitional bilingual instruction or special education programs.
(3)(a)(i) Through the 2017-18 school year the actual average salary paid to certificated instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410.
(ii) For the 2018-19 school year, salaries for certificated instructional staff are subject to the limitations in *RCW 41.59.800.
(iii) Beginning with the 2019-20 school year, for purposes of subsection (4) of this section, RCW 28A.150.276, and 28A.505.100, each school district must annually identify the actual salary paid to each certificated instructional staff for services rendered as part of the state's program of basic education.
(b) Through the 2018-19 school year, fringe benefit contributions for certificated instructional staff shall be included as salary under (a)(i) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation, less the amount remitted by districts to the health care authority for retiree subsidies, provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits.
(c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program.
(4)(a) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, for additional responsibilities, or for incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts must be accounted for by a school district when the district is developing its four-year budget plan under RCW 28A.505.040.
(b) Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 1 of the state Constitution and RCW 28A.150.220.
(c)(i) Beginning September 1, 2019, supplemental contracts for certificated instructional staff are subject to the following additional restrictions: School districts may enter into supplemental contracts only for enrichment activities as defined in and subject to the limitations of RCW 28A.150.276.
(ii) For a supplemental contract, or portion of a supplemental contract, that is time-based, the hourly rate the district pays may not exceed the hourly rate provided to that same instructional staff for services under the basic education salary identified under subsection (3)(a)(iii) of this section. For a supplemental contract, or portion of a supplemental contract that is not time-based, the contract must document the additional duties, responsibilities, or incentives that are being funded in the contract.
(5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350, 28A.400.275, and 28A.400.280.
[ 2018 c 266 s 205; 2017 3rd sp.s. c 13 s 103; 2010 c 235 s 401; 2002 c 353 s 2; 1997 c 141 s 2; 1993 c 492 s 225. Prior: 1990 1st ex.s. c 11 s 2; 1990 c 33 s 381; 1987 1st ex.s. c 2 s 205. Formerly RCW 28A.58.0951.]
Notes:
*Reviser's note: RCW 41.59.800 expired August 31, 2019.
Finding—Intent—2018 c 266: See note following RCW 28A.150.410.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2002 c 353: See note following RCW 28A.150.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Intent—1990 1st ex.s. c 11: "The legislature recognizes the rising costs of health insurance premiums for school employees, and the increasing need to ensure effective use of state benefit dollars to obtain basic coverage for employees and their dependents. In school districts that do not pool benefit allocations among employees, increases in premium rates create particular hardships for employees with families. For many of these employees, the increases translate directly into larger payroll deductions simply to maintain basic benefits.
The goal of this act is to provide access for school employees to basic coverage, including coverage for dependents, while minimizing employees' out-of-pocket premium costs. Unnecessary utilization of medical services can contribute to rising health insurance costs. Therefore, the legislature intends to encourage plans that promote appropriate utilization without creating major barriers to access to care. The legislature also intends that school districts pool state benefit allocations so as to eliminate major differences in out-of-pocket premium expenses for employees who do and do not need coverage for dependents." [ 1990 1st ex.s. c 11 s 1.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes following RCW 84.52.0531.

catchline: Salaries and compensation for employees—Minimum and maximum amounts—Limitations—Supplemental contracts.


title: RCW 28A.400.2001

text:
Beginning September 1, 2017, school districts must annually report to the superintendent of public instruction on supplemental contracts entered into subject to RCW 28A.400.200(4) for additional time, responsibility, or incentive. The office of the superintendent of public instruction shall summarize the district information and submit an annual report to the education and appropriate fiscal committees of the house of representatives and the senate.
[ 2017 3rd sp.s. c 13 s 505.]
Notes:
Effective date—2017 3rd sp.s. c 13 ss 102, 505, and 801: See note following RCW 28A.400.205.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.

catchline: Supplemental contracts—School district reporting—Report by the office of the superintendent of public instruction.


title: RCW 28A.400.205

text:
(1) School district employees shall be provided an annual salary inflationary increase in accordance with this section.
(a) The inflationary increase shall be calculated by applying the rate of the yearly increase in the inflationary adjustment index to any state-funded salary base used in state funding formulas for teachers and other school district employees. Beginning with the 2019-20 school year, each school district shall be provided an inflationary adjustment allocation sufficient to grant this inflationary increase.
(b) A school district shall distribute its inflationary adjustment allocation for salaries and salary-related benefits in accordance with the district's collective bargaining agreements and compensation policies. No later than the end of the school year, each school district shall certify to the superintendent of public instruction that it has spent funds provided for inflationary increases on salaries and salary-related benefits.
(c) Any funded inflationary increase shall be included in the salary base used to determine inflationary increases for school employees in subsequent years. For teachers and other certificated instructional staff, the rate of the annual inflationary increase funded for certificated instructional staff shall be applied to the base salary used with the statewide salary allocation methodology established under RCW 28A.150.410 and to any other salary allocation methodologies used to recognize school district personnel costs.
(2) For the purposes of this section, "inflationary adjustment index" means:
(a) For the 2023-24 school year, 3.7 percent; and
(b) Beginning with the 2024-25 school year, the implicit price deflator for the previous calendar year as of the beginning of the school year, using the official current base, compiled by the bureau of economic analysis, United States department of commerce.
[ 2023 c 50 s 1; 2018 c 266 s 206; 2017 3rd sp.s. c 13 s 102; 2013 2nd sp.s. c 5 s 1; 2011 1st sp.s. c 18 s 1; 2009 c 573 s 1; 2003 1st sp.s. c 20 s 1; 2001 c 4 s 2 (Initiative Measure No. 732, approved November 7, 2000).]
Notes:
Finding—Intent—2018 c 266: See note following RCW 28A.150.410.
Effective date—2017 3rd sp.s. c 13 ss 102, 505, and 801: "Sections 102, 505, and 801 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 [July 6, 2017]." [ 2017 3rd sp.s. c 13 s 1006.]
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Effective date—2013 2nd sp.s. c 5: "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 July 1, 2013." [ 2013 2nd sp.s. c 5 s 5.]
Effective date—2011 1st sp.s. c 18: "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 July 1, 2011." [ 2011 1st sp.s. c 18 s 7.]
Effective date—2009 c 573: "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 July 1, 2009." [ 2009 c 573 s 4.]
Severability—2001 c 4 (Initiative Measure No. 732): "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." [ 2001 c 4 s 5 (Initiative Measure No. 732, approved November 7, 2000).]

catchline: Salary inflationary increases for employees—"Inflationary adjustment index" defined.


title: RCW 28A.400.206

text:
The Washington Constitution establishes "the paramount duty of the state to make ample provision for the education of all children." Providing quality education for all children in Washington requires well-qualified and experienced teachers and other school employees. However, salaries for educators have not kept up with the increased cost of living in the state. The failure to keep up with inflation threatens Washington's ability to compete with other states to attract first-rate teachers to Washington classrooms and to keep well-qualified educators from leaving for other professions. The state must provide a fair and reasonable cost-of-living increase, as provided in chapter 20, Laws of 2003 1st sp. sess., to help ensure that the state attracts and keeps the best teachers and school employees for the children of Washington.
[ 2003 1st sp.s. c 20 s 2; 2001 c 4 s 1 (Initiative Measure No. 732, approved November 7, 2000).]
Notes:
Severability—2001 c 4 (Initiative Measure No. 732): See note following RCW 28A.400.205.

catchline: Cost-of-living increases—Duty of state.


title: RCW 28A.400.210

text:
Every school district board of directors may, in accordance with chapters 41.56 and 41.59 RCW, establish an attendance incentive program for all certificated and classified employees in the following manner, including covering persons who were employed during the 1982-'83 school year:
(1) In January of the year following any year in which a minimum of sixty days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued leave for illness or injury in excess of sixty days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four days for every one day's monetary compensation. No employee may receive compensation under this section for any portion of leave for illness or injury accumulated at a rate in excess of one day per month.
(2) Except as provided in RCW 28A.400.212, at the time of separation from school district employment an eligible employee or the employee's estate shall receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days accrued leave for illness or injury. For purposes of this subsection, "eligible employee" means (a) employees who separate from employment due to retirement or death; (b) employees who separate from employment and who are at least age fifty-five and have at least ten years of service under the teachers' retirement system plan 3 as defined in RCW 41.32.010(33), or under the Washington school employees' retirement system plan 3 as defined in RCW 41.35.010(25); or (c) employees who separate from employment and who are at least age fifty-five and have at least fifteen years of service under the teachers' retirement system plan 2 as defined in RCW 41.32.010(32), under the Washington school employees' retirement system plan 2 as defined in RCW 41.35.010(24), or under the public employees' retirement system plan 2 as defined in RCW 41.40.010(28).
(3) In lieu of remuneration for unused leave for illness or injury as provided in subsections (1) and (2) of this section, a school district board of directors may, with equivalent funds, provide eligible employees a benefit plan that provides reimbursement for medical expenses. Any benefit plan adopted after July 28, 1991, shall require, as a condition of participation under the plan, that the employee sign an agreement with the district to hold the district harmless should the United States government find that the district or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the district not withholding or deducting any tax, assessment, or other payment on such funds as required under federal law.
Moneys or benefits received under this section shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state.
The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations to carry out the purposes of this section.
Should the legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right.
[ 2020 c 18 s 12; 2000 c 231 s 1; 1997 c 13 s 9; 1992 c 234 s 12; 1991 c 92 s 2; 1989 c 69 s 2; 1983 c 275 s 2. Formerly RCW 28A.58.096.]
Notes:
Explanatory statement—2020 c 18: See note following RCW 43.79A.040.
Intent—Construction—1983 c 275: "This act is intended to effectuate the legislature's intent in the original enactment of chapter 182, Laws of 1980 and constitutes a readoption of the relevant portions of that law. This act shall be construed as being in effect since June 12, 1980." [ 1983 c 275 s 5.]

catchline: Employee attendance incentive program—Remuneration or benefit plan for unused sick leave.


title: RCW 28A.400.212

text:
An employee of a school district that has established an attendance incentive program under RCW 28A.400.210 who retires under section 1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86, Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993, shall receive, at the time of his or her separation from school district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or her under the district's incentive program. The school district board of directors may, at its discretion, pay the remainder of such an employee's remuneration for accrued leave for illness or injury after the time of the employee's separation from school district employment, but the employee or the employee's estate is entitled to receive the remainder of the remuneration no later than the date the employee would have been eligible to retire under the provisions of RCW 41.40.180 or 41.32.480 had the employee continued to work for the district until eligible to retire, or three years following the date of the employee's separation from school district employment, whichever occurs first. A district exercising its discretion under this section to pay the remainder of the remuneration after the time of the employee's separation from school district employment shall establish a policy and procedure for paying the remaining remuneration that applies to all affected employees equally and without discrimination. Any remuneration paid shall be based on the number of days of leave the employee had accrued and the compensation the employee received at the time he or she retired under section 1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86, Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993.
[ 1993 c 519 s 14; 1993 c 86 s 8; 1992 c 234 s 13.]
Notes:
Reviser's note: This section was amended by 1993 c 86 s 8 and by 1993 c 519 s 14, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Part headings not law—1993 c 519: "Part headings as used in this act do not constitute any part of the law." [ 1993 c 519 s 24.]
Effective date—1993 c 519: "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 shall take effect immediately [May 18, 1993]." [ 1993 c 519 s 25.]
Effective date—1993 c 86: "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 shall take effect immediately [April 21, 1993]." [ 1993 c 86 s 9.]

catchline: Employee attendance incentive program—Effect of early retirement.


title: RCW 28A.400.220

text:
(1) No school district board of directors or administrators may:
(a) Increase an employee's salary or compensation to include a payment in lieu of providing a fringe benefit; or
(b) Allow any payment to an employee which is partially or fully conditioned on the termination or retirement of the employee, except as provided in subsection (2) of this section.
(2) A school district board of directors may compensate an employee for termination of the employee's contract in accordance with the termination provisions of the contract. If no such provisions exist the compensation must be reasonable based on the proportion of the uncompleted contract. Compensation received under this subsection shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state.
(3) Provisions of any contract in force on March 27, 1982, which conflict with the requirements of this section shall continue in effect until contract expiration. After expiration, any new contract including any renewal, extension, amendment or modification of an existing contract executed between the parties shall be consistent with this section.
[ 1989 c 11 s 5; 1982 1st ex.s. c 10 s 1. Formerly RCW 28A.58.098.]
Notes:
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1982 1st ex.s. c 10: "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." [ 1982 1st ex.s. c 10 s 3.]

catchline: Employee salary or compensation—Limitations respecting.


title: RCW 28A.400.230

text:
Any school district authorized to draw and issue their own warrants may deposit the cumulative total of the net earnings of any group of employees in one or more banks within the state such group or groups may designate, to be credited to the individuals composing such groups, by a single warrant to each bank so designated or by other commercially acceptable methods: PROVIDED, That any such collective authorization shall be made in writing by a minimum of twenty-five employees or ten percent of the employees, whichever is less.
[ 1973 c 111 s 5. Formerly RCW 28A.58.730.]
Notes:
Severability—1973 c 111: See note following RCW 28A.330.230.

catchline: Deposit of cumulative total of earnings of group of employees—Authorized—Conditions.


title: RCW 28A.400.240

text:
In addition to any other powers and duties, any school district or educational service district may contract with any classified or certificated employee to defer a portion of that employee's income, which deferred portion shall in no event exceed the appropriate internal revenue service exclusion allowance for such plans, and shall subsequently with the consent of the employee, deposit or invest in a credit union, savings and loan association, bank, mutual savings bank, or purchase life insurance, shares of an investment company, or a fixed and/or variable annuity contract, for the purpose of funding a deferred compensation program for the employee, from any life underwriter or registered representative duly licensed by this state who represents an insurance company or an investment company licensed to contract business in this state. In no event shall the total investments or payments, and the employee's nondeferred income for any year exceed the total annual salary, or compensation under the existing salary schedule or classification plan applicable to such employee in such year. Any income deferred under such a plan shall continue to be included as regular compensation, for the purpose of computing the retirement and pension benefits earned by any employee, but any sum so deducted shall not be included in the computation of any taxes withheld on behalf of any such employee.
[ 2001 c 266 s 1; 1975 1st ex.s. c 205 s 1; 1974 ex.s. c 11 s 1. Formerly RCW 28A.58.740.]

catchline: Deferred compensation plan for school district or educational service district employees—Limitations.


title: RCW 28A.400.250

text:
(1) The board of directors of any school district, the Washington state teachers' retirement system, the superintendent of public instruction, and educational service district superintendents are authorized to provide and pay for tax deferred annuities or regulated company stock held in a custodial account for their respective employees in lieu of a portion of salary or wages as authorized under the provisions of 26 U.S.C. section 403(b), as amended by Public Law 87-370, 75 Stat. 796, as now or hereafter amended. The superintendent of public instruction and educational service district superintendents, if eligible, may also be provided with such options.
(2) At the request of at least five employees, the employees' employer shall arrange for the:
(a) Purchase of tax deferred annuity contracts which meet the requirements of 26 U.S.C. section 403(b), as now or hereafter amended, for the employees from any company the employees may choose that is authorized to do business in this state through a Washington-licensed insurance agent that the employees may select; or
(b) Payment to a custodial account for investment in the stock of a regulated investment company as defined in 26 U.S.C. section 403(b)(7)(c).
(3) Payroll deductions shall be made in accordance with the arrangements for the purpose of paying the entire premium due and to become due under the contracts. Employees' rights under the annuity contract are nonforfeitable except for the failure to pay premiums.
(4) The board of directors of any school district, the Washington state teachers' retirement system, the superintendent of public instruction, and educational service district superintendents shall not restrict, except as provided in this section, employees' right to select the tax deferred annuity of their choice, the regulated company stock held in a custodial account, or the agent, broker, or company licensed by the state of Washington through which the tax deferred annuity or regulated company stock is placed or purchased, and shall not place limitations on the time or place that the employees make the selection.
(5) The board of directors of any school district, the Washington state teachers' retirement system, the superintendent of public instruction, and educational service district superintendents may each adopt rules regulating the sale of tax deferred annuities or regulated company stock held in a custodial account which: (a) Prohibit solicitation of employees for the purposes of selling tax deferred annuities or regulated company stock held in a custodial account on school premises during normal school hours; (b) only permit the solicitation of tax deferred annuities or regulated company stock held in a custodial account by agents, brokers, and companies licensed by the state of Washington; and (c) require participating companies to execute reasonable agreements protecting the respective employers from any liability attendant to procuring tax deferred annuities or regulated company stock held in a custodial account.
[ 2010 c 41 s 1; 1984 c 228 s 1; 1975 1st ex.s. c 275 s 113; 1971 c 48 s 31; 1969 c 97 s 2; 1969 ex.s. c 223 s 28A.58.560. Prior: 1965 c 54 s 1, part. Formerly RCW 28A.58.560, 28.02.120, part.]
Notes:
Severability—1971 c 48: See note following RCW 28A.310.250.

catchline: Tax deferred annuities—Regulated company stock.


title: RCW 28A.400.260

text:
Notwithstanding any other provision of law, any school district shall have the authority to provide for all employees within an employment classification pension benefits or annuity benefits as may already be established and in effect by other employers of a similar classification of employees, and payment therefor may be made by making contributions to such pension plans or funds already established and in effect by the other employers and in which the school district is permitted to participate for such particular classifications of its employees by the trustees or other persons responsible for the administration of such established plans or funds.
Notwithstanding provisions of RCW 41.40.023(4), the coverage under such private plan shall not exclude such employees from simultaneous coverage under the Washington public employees' retirement system.
[ 1972 ex.s. c 27 s 1. Formerly RCW 28A.58.565.]

catchline: Pension benefits or annuity benefits for certain classifications of employees—Procedure.


title: RCW 28A.400.270

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.400.275 and 28A.400.280.
(1) "Basic benefits" are limited to medical, dental, vision, group term life, and group long-term disability insurance coverage.
(2) "Benefit providers" include insurers, third party claims administrators, direct providers of employee fringe benefits, health maintenance organizations, health care service contractors, and the Washington state health care authority or any plan offered by the authority.
(3) "Fringe benefit" does not include liability coverage, old-age survivors' insurance, workers' compensation, unemployment compensation, retirement benefits under the Washington state retirement system, or payment for unused leave for illness or injury under RCW 28A.400.210.
(4) "Group long-term disability insurance coverage" means long-term disability insurance coverage provided for, at a minimum, all full-time employees in a bargaining unit or all full-time nonbargaining group employees.
(5) "Group term life insurance coverage" means term life insurance coverage provided for, at a minimum, all full-time employees in a bargaining unit or all full-time nonbargaining group employees.
(6) "School district employee benefit plan" means the overall plan used by the district for distributing fringe benefit subsidies to employees, including the method of determining employee coverage. It shall not include coverage offered to district employees for which there is no contribution from public funds.
[ 2017 3rd sp.s. c 13 s 813; 1990 1st ex.s. c 11 s 4.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.

catchline: Employee benefit—Definitions.


title: RCW 28A.400.275

text:
(1) Any contract or agreement for employee benefits executed after April 13, 1990, between a school district or educational service district and a benefit provider or employee bargaining unit is null and void unless it contains an agreement to abide by state laws relating to school district and educational service district employee benefits. The term of the contract or agreement may not exceed one year, except that the final contract or agreement entered into for the 2018-19 school year must exceed one year only by the months necessary to ensure employee benefits are maintained through December 31, 2019.
(2) School districts, educational service districts, and their benefit providers shall submit data to the health care authority in accordance with RCW 41.05.075(3).
(3) Any benefit provider offering a benefit plan by contract or agreement with a school district or educational service district under subsection (1) of this section shall make available to the school district or educational service district the benefit plan descriptions and, where available, the demographic information on plan subscribers that the school district, educational service district, and benefit provider are required to report to the health care authority under this section.
(4) Each school district and educational service district shall:
(a) Carry out all actions required by the school employees' benefits board and the health care authority under chapter 41.05 RCW including, but not limited to, those necessary for the operation of benefit plans, education of employees, claims administration, and appeals process; and
(b) Report all data relating to employees eligible to participate in benefits or plans administered by the school employees' benefits board and the health care authority in a format designed and communicated by the school employees' benefits board and the health care authority.
[ 2018 c 260 s 22. Prior: 2017 3rd sp.s. c 13 s 814; 2017 3rd sp.s. c 7 s 1; 2012 2nd sp.s. c 3 s 4; 1990 1st ex.s. c 11 s 5.]
Notes:
Effective date—2018 c 260 ss 14, 22, 23, 31, and 32: See note following RCW 41.05.075.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Findings—Goals—Intent—2012 2nd sp.s. c 3: "(1) The legislature finds that:
(a) Each year, nearly one billion dollars in public funds are spent on the purchase of employee insurance benefits for more than two hundred thousand public school employees and their dependents;
(b) The legislature and school districts and their employees need better information to improve current practices and inform future decisions with regard to health insurance benefits;
(c) Recent work by the state auditor's office and the state health care authority have advanced discussions throughout the state on opportunities to improve the current system; and
(d) Two major themes have emerged: (i) The state, school districts, and employees need better information and data to make better health insurance purchasing decisions within the K-12 system; (ii) affordability is a significant concern for all employees, especially for employees seeking full family insurance coverage and for the lowest-paid and part-time employees.
(2) The legislature establishes the following goals:
(a) Improve the transparency of health benefit plan claims and financial data to assure prudent and efficient use of taxpayers' funds at the state and local levels;
(b) Create greater affordability for full family coverage and greater equity between premium costs for full family coverage and for employee only coverage for the same health benefit plan;
(c) Promote health care innovations and cost savings, and significantly reduce administrative costs; and
(d) Provide greater parity in state allocations for state employee and K-12 employee health benefits.
(3) The legislature intends to retain current collective bargaining for benefits, and retain state, school district, and employee contributions to benefits." [ 2012 2nd sp.s. c 3 s 1.]
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.

catchline: Employee benefits—Contracts or agreements—Submission of information to the health care authority.


title: RCW 28A.400.280

text:
(1) Except as provided in subsection (2) of this section, school districts may provide employer fringe benefit contributions after October 1, 1990, only for basic benefits. However, school districts may continue payments under contracts with employees or benefit providers in effect on April 13, 1990, until the contract expires.
(2)(a) School districts may provide employer contributions after October 1, 1990, for optional benefit plans, in addition to basic benefits. Beginning January 1, 2020, school district optional benefits must not compete with any form of the basic or optional benefits offered in the school employees' benefits board program either under the school employees' benefits board's authority in RCW 41.05.740 or offered under the authority of the health care authority in the salary reduction plan authorized in RCW 41.05.300 and 41.05.310.
(b) Beginning December 1, 2019, and each December 1st thereafter, school district optional benefits must be reported to the school employees' benefits board and health care authority.
(c) School districts, and the applicable carrier, must work with the health care authority to either modify and remove competing components of the district-based benefit or end any district-based benefit offering in competition with either the health care authority's or the school employees' benefits board offered benefits.
(d) Unless the school employees' benefits board offers such benefits, school districts may offer only the following optional benefits to school employees:
(i) Benefits listed in RCW 41.05.745(1) (a) through (i), offered as employee-paid, voluntary benefits that may be administered by using payroll deductions; and
(ii) Voluntary employees' beneficiary association accounts, including benefit plans authorized in RCW 28A.400.210(3).
(3) School districts are not intended to divert state basic benefit allocations for other purposes. Beginning January 1, 2020, school districts must offer all benefits offered by the school employees' benefits board administered by the health care authority, and consistent with RCW 41.56.139(2).
(4) Any optional benefits offered by a school district under subsection (2) of this section are considered an enhancement to the state's definition of basic education.
[ 2020 c 231 s 1; 2018 c 260 s 29; 2017 3rd sp.s. c 13 s 815; 2012 2nd sp.s. c 3 s 2; 2011 c 269 s 1; 1990 1st ex.s. c 11 s 6.]
Notes:
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Findings—Goals—Intent—2012 2nd sp.s. c 3: See note following RCW 28A.400.275.
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.

catchline: Employee benefits—Employer contributions—Optional benefits—Annual report.


title: RCW 28A.400.285

text:
(1) When a school district or educational service district enters into a contract for services that had been previously performed by classified school employees, the contract shall contain a specific clause requiring the contractor to provide for persons performing such services under the contract, health benefits that are similar to those provided for school employees who would otherwise perform the work, but in no case are such health benefits required to be greater than the benefits provided for basic health care services under chapter 70.47 RCW.
(2) Decisions to enter into contracts for services by a school district or educational service district may only be made: (a) After the affected district has conducted a feasibility study determining the potential costs and benefits, including the impact on district employees who would otherwise perform the work, that would result from contracting for the services; (b) after the decision to contract for the services has been reviewed and approved by the superintendent of public instruction; and (c) subject to any applicable requirements for collective bargaining. The factors to be considered in the feasibility study shall be developed in consultation with representatives of the affected employees and may include both long-term and short-term effects of the proposal to contract for services.
(3) This section applies only if a contract is for services performed by classified school employees on or after July 25, 1993.
(4) This section does not apply to:
(a) Temporary, nonongoing, or nonrecurring service contracts; or
(b) Contracts for services previously performed by employees in director/supervisor, professional, and technical positions.
(5) For the purposes of subsection (4) of this section:
(a) "Director/supervisor position" means a position in which an employee directs staff members and manages a function, a program, or a support service.
(b) "Professional position" means a position for which an employee is required to have a high degree of knowledge and skills acquired through a baccalaureate degree or its equivalent.
(c) "Technical position" means a position for which an employee is required to have a combination of knowledge and skills that can be obtained through approximately two years of posthigh school education, such as from a community or technical college, or by on-the-job training.
[ 1997 c 267 s 2; 1993 c 349 s 1.]

catchline: Contracts for services performed by classified employees.


title: RCW 28A.400.300

text:
(1) Every board of directors, unless otherwise specially provided by law, shall:
(a) Except as provided in RCW 28A.405.210(2) and subsection (3) of this section, employ for not more than one year, and for sufficient cause discharge all certificated and classified employees;
(b) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe. However, the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows:
(i) For such persons under contract with the school district for a full year, at least 10 days;
(ii) For such persons under contract with the school district as part time employees, at least that portion of 10 days as the total number of days contracted for bears to 180 days;
(iii) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed 12 days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection;
(iv) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso;
(v) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of 180 days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to 12 days per year may be used for the purpose of payments for unused sick leave;
(vi) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso;
(vii) Any leave for injury or illness accumulated up to a maximum of 45 days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490;
(viii) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction, offices of educational service district superintendents and boards, the state school for the blind, the Washington center for deaf and hard of hearing youth, institutions of higher education, and community and technical colleges, to and from such districts, schools, offices, institutions of higher education, and community and technical colleges;
(ix) Leave accumulated by a person in a district prior to leaving said district may, under rules of the board, be granted to such person when the person returns to the employment of the district.
(2) When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position. However, classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service.
(3) Notwithstanding subsection (1)(a) of this section, discharges of certificated and classified employees in school districts that are dissolved due to financial insolvency shall be conducted in accordance with RCW 28A.315.229.
[ 2023 c 362 s 2; 2019 c 266 s 19; 2012 c 186 s 20; 2009 c 47 s 2; 2008 c 174 s 2; 1997 c 13 s 10; 1990 c 33 s 382. Prior: 1985 c 210 s 1; 1985 c 46 s 1; 1983 c 275 s 3. Formerly RCW 28A.58.099.]
Notes:
Effective date—2012 c 186: See note following RCW 28A.315.025.
Rule-making authority—2012 c 186: See RCW 28A.315.902.
Intent—Construction—1983 c 275: See note following RCW 28A.400.210.

catchline: Hiring and discharging of employees—Written leave policies—Seniority and leave benefits of employees transferring between school districts and other educational employers.