title: RCW 28A.160.200

text:
(1) The superintendent shall develop a reimbursement schedule to pay districts for the cost of student transportation vehicles purchased after September 1, 1982. While it is the responsibility of each district to select and pay for each student transportation vehicle purchased by the district, each district shall be paid a sum based on the category of vehicle, anticipated lifetime of vehicles of this category, and state reimbursement rate for the category plus inflation as recognized by the reimbursement schedule established in this section as set by the superintendent. Categories and reimbursement rates of vehicles shall be those established under RCW 28A.160.195. The accumulated value of the payments and the potential investment return thereon shall be designed to be equal to the replacement cost of the vehicle less its salvage value at the end of its anticipated lifetime. Beginning with buses that are scheduled for depreciation payments as of September 2025 and those qualifying for payments after that date, the superintendent shall use a minimum anticipated lifetime of 120 months for category A buses and 180 months for category C and D buses. The superintendent shall revise at least annually the reimbursement payments based on the current and anticipated future cost of comparable categories of transportation equipment. Reimbursements to school districts for approved transportation equipment shall be placed in a separate transportation vehicle fund established for each school district under RCW 28A.160.130. However, educational service districts providing student transportation services pursuant to RCW 28A.310.180(4) and receiving moneys generated pursuant to this section shall establish and maintain a separate transportation vehicle account in the educational service district's general expense fund for the purposes and subject to the conditions under RCW 28A.160.130 and 28A.320.300.
(2) To the extent possible, districts shall operate vehicles acquired under this section not less than the number of years or useful lifetime now, or hereafter, assigned to the category of vehicles by the superintendent. School districts shall properly maintain the transportation equipment acquired under the provisions of this section, in accordance with rules established by the office of the superintendent of public instruction. If a district fails to follow generally accepted standards of maintenance and operation, the superintendent of public instruction shall penalize the district by deducting from future reimbursements under this section an amount equal to the original cost of the vehicle multiplied by the fraction of the useful lifetime or miles the vehicle failed to operate.
(3) The superintendent shall annually develop a depreciation schedule to recognize the cost of depreciation to districts contracting with private carriers for student transportation. Payments on this schedule shall be a straight line depreciation based on the original cost of the appropriate category of vehicle.
(4) If, due to changing student populations or transportation needs, a school district chooses to reduce its overall fleet of student transportation vehicles by forgoing vehicle replacement, the school district may petition the superintendent of public instruction for permission to transfer depreciation payments and earned interest from a fully depreciated vehicle to another fund for alternative use. If the superintendent of public instruction determines that the reduction in student transportation vehicles is appropriate due to forecasted declines in student enrollment or other relevant factors affecting the district's transportation program, the petition must be approved.
(5) For a zero emission school bus, the superintendent shall adjust the district's reimbursement payments generated by that purchase by reducing the quote for that category of vehicle to 33 percent of the quote in the 2025-26 through 2027-28 school years. Nothing in this subsection shall be construed to prevent the final depreciation payment from being based on the lowest bid in the appropriate bus category for zero emission buses for that school year.
[ 2026 c 267 s 1; 2026 c 71 s 1; 1995 1st sp.s. c 10 s 2; 1990 c 33 s 146; 1987 c 508 s 4; 1981 c 265 s 6. Formerly RCW 28A.41.540.]
Notes:
Reviser's note: This section was amended by 2026 c 71 s 1 and by 2026 c 267 s 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective dates—1995 1st sp.s. c 10 ss 1 and 2: See note following RCW 28A.160.195.
Effective date—Severability—1981 c 265: See notes following RCW 28A.160.150.
Transportation vehicle fund—Deposits in—Use—Petition to transfer moneys—Rules for establishment and use: RCW 28A.160.130.

catchline: Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule—Petition for alternative use.


doc_type: statute

jurisdiction: wa

title: RCW 28A.160.205

text:
(1) The office of the superintendent of public instruction shall implement a school bus replacement incentive program. As part of the program, the office shall fund up to ten percent of the cost of a new 2007 or later model year school bus that meets the 2007 federal motor vehicle emission control standards and is purchased by a school district by no later than June 30, 2009, provided that the new bus is replacing a 1994 or older school bus in the school district's fleet. Replacement of the oldest buses must be given highest priority.
(2) The office of the superintendent of public instruction shall ensure that buses being replaced through this program are surplused under RCW 28A.335.180. As part of the surplus process, school districts must provide written documentation to the office of the superintendent of public instruction demonstrating that buses being replaced are scrapped and not purchased for road use. The documentation must include bus make, model, year, vehicle identification number, engine make, engine serial number, and salvage yard receipts; and must demonstrate that the engine and body of the bus being replaced has been rendered unusable.
(3) The office of the superintendent of public instruction may adopt any rules necessary for the implementation of chapter 348, Laws of 2007.
[ 2007 c 348 s 101.]
Notes:
Findings—2007 c 348: See RCW 43.325.005.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: School bus replacement incentive program—Rules.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.160.210

text:
(1) In addition to other powers and duties, the superintendent of public instruction shall adopt rules governing the training and qualifications of school bus drivers. Such rules shall be designed to insure that persons will not be employed to operate school buses unless they possess such physical health and driving skills as are necessary to safely operate school buses: PROVIDED, That such rules shall insure that school bus drivers are provided a due process hearing before any certification required by such rules is canceled: PROVIDED FURTHER, That such rules shall not conflict with the authority of the department of licensing to license school bus drivers in accordance with chapter 46.25 RCW. The superintendent of public instruction may obtain a copy of the driving record, as maintained by the department of licensing, for consideration when evaluating a school bus driver's driving skills.
(2) By no later than September 1, 2026, the superintendent of public instruction shall develop rules for drivers transporting students in a Washington state patrol-inspected school vehicle other than a school bus. A driver that exclusively transports students in such a vehicle must have the appropriate driver's license for the vehicle, and may not be required to hold a commercial driver's license.
[ 2025 c 372 s 5; 2006 c 263 s 906; 1989 c 178 s 20; 1981 c 200 s 1; 1979 c 158 s 89; 1969 ex.s. c 153 s 4. Formerly RCW 28A.04.131.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Effective dates—1989 c 178: See RCW 46.25.901.

catchline: School bus drivers—Training and qualifications—Rules.


title: RCW 28A.160.225

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 5.]
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.160.230

text:
The maintenance and repair of school buses may be provided by a fire protection district pursuant to RCW 52.12.031(1).
[ 2019 c 402 s 2.]

catchline: Maintenance and repair of school buses by fire protection districts—Authorized.


title: RCW 28A.160.240

text:
(1) By July 1, 2021, at the request of an eligible student, a school district:
(a) May allow the student to transport his or her infant on a school bus or other student transportation vehicle provided by the district. The infant must be transported in a rear-facing child restraint system as defined in the federal motor vehicle safety standards in 49 C.F.R. Sec. 571.213;
(b) Must, in cases where a district denies a student's request to transport his or her infant by school bus, authorize other arrangements for individual transportation in accordance with RCW 28A.160.030.
(2) For the purposes of this section, "eligible student" has the same meaning as in RCW 28A.160.160.
[ 2020 c 339 s 2.]

catchline: Transportation of infants.


title: RCW 28A.160.250

text:
(1) A school district that experiences an increase in costs to a pupil transportation services contract as compared to prior year contract costs as a result of the provisions in RCW 28A.160.140 is eligible for supplemental transportation allocations as described in this section.
(2) Beginning September 1, 2024, school districts that provide pupil transportation through a contract with a nongovernmental entity under RCW 28A.160.140 must annually provide the office of the superintendent of public instruction with the following information:
(a) A breakdown of the total contract cost increase, including a detailed explanation of the increase by expenditure type demonstrating dollar equivalency as required in RCW 28A.160.140(2)(a)(i) and percentage equivalency as required in RCW 28A.160.140(2)(a)(ii), as defined by the office of the superintendent of public instruction, and amount;
(b) A breakdown of cost from the contractor that shows the cost to provide health care and pension benefits to employees prior to June 6, 2024, and the cost to provide health care and pension benefits to employees after the implementation of benefits as described in RCW 28A.160.140;
(c) The amount of funding received through transportation allocations under RCW 28A.160.150 through 28A.160.192 prior to the implementation of school employee benefits under chapter 41.05 RCW and the amount of funding received through the same transportation allocations for the period immediately following the implementation of school employee benefits under chapter 41.05 RCW, to determine the amount of funding for health care that is already being included in allocations.
(3) The office of the superintendent of public instruction may suspend the reporting requirements under subsection (2) of this section on or after September 1, 2027, for districts that do not request supplemental transportation allocations under this section.
(4) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction must reimburse a school district for the increased cost that is directly attributable to increased benefits as required under chapter 313, Laws of 2024, using the following formula: The total contract cost increase, less any amounts not attributable to benefits required under RCW 28A.160.140, less the amount the allocation was increased based on the actual cost increase through the transportation funding formula.
[ 2024 c 313 s 3.]
Notes:
Intent—2024 c 313: See note following RCW 28A.160.140.

catchline: Supplemental transportation allocation—Health care and pension benefits.


title: RCW 28A.160.260

text:
(1) The office of the superintendent of public instruction, in consultation with the department of ecology, must develop preliminary guidance for school districts regarding the formula factors used to calculate the total cost of ownership for zero emission school buses and diesel school buses. After considering feedback to the preliminary guidance, the office of the superintendent of public instruction, in consultation with the department of ecology, must adopt rules to establish the formulas. Such formulas must, at a minimum, address the initial cost of the bus at the time of purchase, the cost of maintenance, the cost of fueling and charging, and the cost of replacing zero emission school bus batteries, if applicable.
(2)(a) Once the total cost of ownership of zero emission school buses is at or below the total cost of ownership of diesel school buses, as determined by the formulas in subsection (1) of this section, school districts may only receive reimbursement under RCW 28A.160.195 and 28A.160.200 for the purchase of zero emission school buses.
(b) The requirements of this subsection do not prohibit the use of externally vented fuel-operated passenger heaters from November 15th through March 15th annually until other viable alternatives become available.
(3)(a) The office of the superintendent of public instruction must make exceptions to the requirement under subsection (2) of this section in the following circumstances:
(i) The reimbursement is for a diesel school bus that was purchased prior to the total cost of ownership determination;
(ii) The school district has bus route mileage needs that cannot be met by the average daily mileage achieved under actual use conditions in Washington for zero emission school buses;
(iii) The school district has other unique needs that may not be met by the technological capabilities of zero emission school buses; or
(iv) The school district does not have, or have access to, the appropriate charging infrastructure to support the use of zero emission school buses. If a school district qualifies under this exception it must submit documentation indicating it has applied for grant funding to install charging infrastructure under available federal grant programs or the zero emission school bus grant program established under RCW 70A.15.4200, or documentation from a public utility district or utility company indicating the school district does not have enough electric capacity to support the appropriate charging infrastructure.
(b) Exceptions granted by the superintendent of public instruction under (a)(ii) through (iv) of this subsection may not exceed five years. A school district may apply to renew an exception if the need for such an exception still exists after the initial exception has expired.
(4) For the purposes of this section, "zero emission school bus" means a school bus that produces zero exhaust emission of any air pollutant and any greenhouse gas other than water vapor.
[ 2024 c 345 s 3.]
Notes:
Findings—Intent—2024 c 345: See note following RCW 70A.15.4200.

catchline: Zero emission school buses—Cost of ownership formula—Qualified reimbursement—Exceptions.


title: RCW 28A.165.005

text:
This chapter is designed to: (1) Promote the use of data when developing programs to assist students who are not meeting academic standards; and (2) guide school districts in providing the most effective and efficient practices when implementing supplemental instruction and services to assist students who are not meeting academic standards.
[ 2021 c 111 s 5; 2017 3rd sp.s. c 13 s 403; 2013 2nd sp.s. c 18 s 201; 2009 c 548 s 701; 2004 c 20 s 1.]
Notes:
Finding—Intent—Effective date—2021 c 111: See notes following RCW 28A.300.139.
Effective date—2017 3rd sp.s. c 13 ss 401-413: See note following RCW 28A.150.200.
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.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.

catchline: Purpose.


title: RCW 28A.165.015

text:
Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.
(1) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.
(2) "Statewide student assessments" means one or more of the assessments administered by school districts as required under RCW 28A.655.070.
(3) "Students who are not meeting academic standards" means students with the greatest academic deficits in basic skills as identified by statewide, school, or district assessments or other performance measurement tools.
[ 2021 c 111 s 6; 2017 3rd sp.s. c 13 s 404; 2013 2nd sp.s. c 18 s 202; 2009 c 548 s 702; 2004 c 20 s 2.]
Notes:
Finding—Intent—Effective date—2021 c 111: See notes following RCW 28A.300.139.
Effective date—2017 3rd sp.s. c 13 ss 401-413: See note following RCW 28A.150.200.
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.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.

catchline: Definitions.


title: RCW 28A.165.037

text:
(1) While the state allocations for the learning assistance program under this chapter are intended to be flexible dollars within the control of the public school and school district, this local control must be balanced with local accountability for improvement in student achievement.
(2) School district boards of directors must budget and expend the appropriations for the learning assistance program, under RCW 28A.165.005 through 28A.165.065, using the framework of the Washington integrated student supports protocol, established under RCW 28A.300.139.
(3) A district may use up to 15 percent of the district's learning assistance program allocation to deliver academic, nonacademic, and social-emotional supports and services to students through partnerships with community-based or other out-of-school organizations in accordance with RCW 28A.300.139. Any agreement entered into by a school district and a community partner in accordance with RCW 28A.300.139 must:
(a) Specify that learning assistance program funds may be used only to provide direct supports and services to students;
(b) Clearly identify the academic, nonacademic, or social-emotional supports and services that will be made available to students by the community partner and how those supports and services align to the needs of the students as identified in the student-level needs assessment required by RCW 28A.300.139; and
(c) Identify the in-school supports that will be reinforced by the supports and services provided by the community partner to promote student progress towards meeting academic standards.
[ 2021 c 111 s 3.]
Notes:
Contingent effective date—2021 c 111 s 3: "Section 3 of this act takes effect at the later of either: (1) The expiration or termination of Proclamation 20-05, and any subsequent orders extending or amending the proclamation, declaring a state of emergency on February 29, 2020, for all counties in Washington due to COVID-19; or (2) September 1, 2025." [ 2021 c 111 s 15.] Proclamation 20-05 was terminated October 31, 2022 by Proclamation 20-05.1.
Notice of effective and expiration dates—2021 c 111 ss 2 and 3: "The office of the governor must provide written notice of the expiration date of section 2 of this act and the effective date of section 3 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the office of the governor." [ 2021 c 111 s 16.]
Finding—Intent—Effective date—2021 c 111: See notes following RCW 28A.300.139.

catchline: Compliance with the Washington integrated student supports protocol—Partnerships with out-of-school organizations.


title: RCW 28A.165.055

text:
(1) The funds for the learning assistance program shall be appropriated in accordance with RCW 28A.150.260 and the omnibus appropriations act. The distribution formula is for school district allocation purposes only, except as provided in RCW 28A.150.260(10)(a)(ii), but all funds appropriated for the learning assistance program must be expended for the purposes of RCW 28A.165.005 through 28A.165.065.
(2) A district's high poverty-based allocation is generated by its qualifying schools as defined in RCW 28A.150.260(10) and must be expended by the district for those schools. This funding must supplement and not supplant the district's expenditures under this chapter for those schools.
[ 2018 c 266 s 104; 2017 3rd sp.s. c 13 s 405; 2013 2nd sp.s. c 18 s 205; 2009 c 548 s 703; 2008 c 321 s 10; 2005 c 489 s 1; 2004 c 20 s 6.]
Notes:
Effective date—2017 3rd sp.s. c 13 ss 401-413: See note following RCW 28A.150.200.
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.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Findings—2008 c 321: See note following RCW 28A.320.190.

catchline: Funds—Appropriation and distribution.


title: RCW 28A.165.065

text:
To ensure that school districts are meeting the requirements of this chapter, the superintendent of public instruction shall monitor learning assistance programs using, at minimum, data reported as required under RCW 28A.165.100, no less than once every four years. The primary purpose of program monitoring is to evaluate the effectiveness of a school district's allocation and expenditure of resources and monitor school district fidelity in implementing best practices using the framework of the Washington integrated student supports protocol, established under RCW 28A.300.139. The office of the superintendent of public instruction may provide technical assistance to school districts to improve the effectiveness of a learning assistance program.
[ 2021 c 111 s 7; 2013 2nd sp.s. c 18 s 206; 2004 c 20 s 7.]
Notes:
Finding—Intent—Effective date—2021 c 111: See notes following RCW 28A.300.139.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.

catchline: Monitoring.


title: RCW 28A.165.075

text:
The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter.
[ 2004 c 20 s 8.]

catchline: Rules.


title: RCW 28A.165.085

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 6.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.


title: RCW 28A.165.100

text:
(1) School districts shall record in the statewide individual student data system annual entrance and exit performance data for each student participating in the learning assistance program according to specifications established by the office of the superintendent of public instruction.
(2) Annually [by] September 30th, school districts shall report to the office of the superintendent of public instruction, using a common format prepared by the office:
(a) The amount of academic growth gained by students participating in the learning assistance program;
(b) The number of students who gain at least one year of academic growth;
(c) The specific practices, activities, and programs used by each school building that received learning assistance program funding;
(d) The percentage of learning assistance program funding used to engage community partners, the number of students receiving direct supports and services from those community partners, and the types of supports and services; and
(e) Other data if required by the office of the superintendent of public instruction to demonstrate the efficacy of the learning assistance program expenditures to show student academic growth gains including indicators aligned with the accountability framework for schools receiving support under RCW 28A.657.110.
(3) By January 1, 2020, and each January 1st thereafter, the office of the superintendent of public instruction shall compile the school district data reported as required by subsection (2) of this section, and report, in compliance with RCW 43.01.036, to the appropriate committees of the legislature with the annual and longitudinal gains for the specific practices, activities, and programs used by the school districts and schools to show which are the most effective. The data must be disaggregated by student subgroups as described in RCW 28A.300.042(1) for student-level data.
[ 2021 c 111 s 8; 2019 c 208 s 1; 2013 2nd sp.s. c 18 s 204.]
Notes:
Finding—Intent—Effective date—2021 c 111: See notes following RCW 28A.300.139.
Application—Enforcement of laws protecting health and safety—2013 2nd sp.s. c 18: See note following RCW 28A.600.022.

catchline: Entrance and exit performance data—Report by school districts—Report by the office of the superintendent of public instruction.


title: RCW 28A.170.050

text:
The superintendent of public instruction shall appoint a substance abuse advisory committee comprised of: Representatives of certificated and classified staff; administrators; parents; students; school directors; the bureau of alcohol and substance abuse within the department of social and health services; the traffic safety commission; and county coordinators of alcohol and drug treatment. The committee shall advise the superintendent on matters of local program development, coordination, and evaluation.
[ 1997 c 13 s 3; 1987 c 518 s 209. Formerly RCW 28A.120.038.]
Notes:
Intent—1994 c 166; 1987 c 518: See note following RCW 43.216.525.
Severability—1987 c 518: See note following RCW 43.216.525.

catchline: Advisory committee—Members—Duties.


title: RCW 28A.170.075

text:
(1) The legislature finds that the provision of drug and alcohol counseling and related prevention and intervention services in schools will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potentials.
(2) The legislature finds that it is essential that resources be made available to school districts to provide early drug and alcohol prevention and intervention services to students and their families; to assist in referrals to treatment providers; and to strengthen the transition back to school for students who have had problems of drug and alcohol abuse.
(3) Substance abuse awareness programs funded under this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and the state's funding duty thereunder.
(4) The legislature intends to provide grants for drug and alcohol abuse prevention and intervention in schools, targeted to those schools with the highest concentrations of students at risk.
[ 1995 c 335 s 204; 1990 c 33 s 156; 1989 c 271 s 310. Formerly RCW 28A.120.080.]
Notes:
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1989 c 271: See note following RCW 9.94A.510.

catchline: Findings—Intent.


title: RCW 28A.170.080

text:
(1) Grants provided under RCW 28A.170.090 may be used solely for services provided by a substance abuse intervention specialist or for dedicated staff time for counseling and intervention services provided by any school district certificated employee who has been trained by and has access to consultation with a substance abuse intervention specialist. Services shall be directed at assisting students in kindergarten through twelfth grade in overcoming problems of drug and alcohol abuse, and in preventing abuse and addiction to such substances, including nicotine. The grants shall require local matching funds so that the grant amounts support a maximum of eighty percent of the costs of the services funded. The services of a substance abuse intervention specialist may be obtained by means of a contract with a state or community services agency or a drug treatment center. Services provided by a substance abuse intervention specialist may include:
(a) Individual and family counseling, including preventive counseling;
(b) Assessment and referral for treatment;
(c) Referral to peer support groups;
(d) Aftercare;
(e) Development and supervision of student mentor programs;
(f) Staff training, including training in the identification of high-risk children and effective interaction with those children in the classroom; and
(g) Development and coordination of school drug and alcohol core teams, involving staff, students, parents, and community members.
(2) For the purposes of this section, "substance abuse intervention specialist" means any one of the following, except that diagnosis and assessment, counseling and aftercare specifically identified with treatment of chemical dependency shall be performed only by personnel who meet the same qualifications as are required of a qualified chemical dependency counselor employed by an alcoholism or drug treatment program approved by the department of social and health services.
(a) An educational staff associate employed by a school district or educational service district who holds certification as a school counselor, school psychologist, school nurse, or school social worker under Washington professional educator standards board rules adopted pursuant to RCW 28A.410.210;
(b) An individual who meets the definition of a qualified drug or alcohol counselor established by the bureau of alcohol and substance abuse;
(c) A qualified professional employed by the department of social and health services;
(d) A psychologist licensed under chapter 18.83 RCW; or
(e) A children's mental health specialist as defined in RCW 71.34.020.
[ 2011 c 89 s 8; 2005 c 497 s 213; 1990 c 33 s 157; 1989 c 271 s 311. Formerly RCW 28A.120.082.]
Notes:
Effective date—2011 c 89: See note following RCW 18.320.005.
Findings—2011 c 89: See RCW 18.320.005.
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Severability—1989 c 271: See note following RCW 9.94A.510.

catchline: Grants—Substance abuse intervention.


title: RCW 28A.170.090

text:
(1) The superintendent of public instruction shall select school districts and cooperatives of school districts to receive grants for drug and alcohol abuse prevention and intervention programs for students in kindergarten through twelfth grade, from funds appropriated by the legislature for this purpose. The minimum annual grant amount per district or cooperative of districts shall be twenty thousand dollars. Factors to be used in selecting proposals for funding and in determining grant awards shall be developed in consultation with the substance abuse advisory committee appointed under RCW 28A.170.050, with the intent of targeting funding to districts with high-risk populations. These factors may include:
(a) Characteristics of the school attendance areas to be served, such as the number of students from low-income families, truancy rates, juvenile justice referrals, and social services caseloads;
(b) The total number of students who would have access to services; and
(c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and intervention activities.
(2) The application procedures for grants under this section shall include provisions for comprehensive planning, establishment of a school and community substance abuse advisory committee, and documentation of the district's needs assessment. Planning and application for grants under this section may be integrated with the development of other substance abuse awareness programs by school districts. School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with other funding available for substance abuse awareness programs. School districts should allocate resources giving emphasis to drug and alcohol abuse intervention services for students in grades five through nine. Grants may be used to provide services for students who are enrolled in approved private schools.
(3) School districts receiving grants under this section shall be required to establish a means of accessing formal assessment services for determining treatment needs of students with drug and alcohol problems. The grant applications submitted by districts shall identify the districts' plan for meeting this requirement.
(4) School districts receiving grants under this section shall be required to perform biennial evaluations of their drug and alcohol abuse prevention and intervention programs, and to report on the results of these evaluations to the superintendent of public instruction.
(5) The superintendent of public instruction may adopt rules to implement RCW 28A.170.080 and 28A.170.090.
[ 1995 c 335 s 205; 1990 c 33 s 158; 1989 c 271 s 312. Formerly RCW 28A.120.084.]
Notes:
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1989 c 271: See note following RCW 9.94A.510.

catchline: Selection of grant recipients—Program rules.


title: RCW 28A.170.095

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 7.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.


title: RCW 28A.175.010

text:
Each school district shall account for the educational progress of each of its students. To achieve this, school districts shall be required to report annually to the superintendent of public instruction:
(1) For students enrolled in each of a school district's high school programs:
(a) The number of students who graduate in fewer than four years;
(b) The number of students who graduate in four years;
(c) The number of students who remain in school for more than four years but who eventually graduate and the number of students who remain in school for more than four years but do not graduate;
(d) The number of students who transfer to other schools;
(e) The number of students in the ninth through twelfth grade who drop out of school over a four-year period; and
(f) The number of students whose status is unknown.
(2) Dropout rates of students in each of the grades seven through twelve.
(3) Dropout rates for student populations in each of the grades seven through twelve by:
(a) Ethnicity;
(b) Gender;
(c) Socioeconomic status;
(d) Disability status; and
(e) Identified homeless status.
(4) The causes or reasons, or both, attributed to students for having dropped out of school in grades seven through twelve.
(5) The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to assure uniformity in the information districts are required to report under subsections (1) through (4) of this section. In developing rules, the superintendent of public instruction shall consult with school districts, including administrative and counseling personnel, with regard to the methods through which information is to be collected and reported.
(6) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school building officials shall, to the extent reasonably practical, obtain such information directly from students. In lieu of obtaining such information directly from students, building principals and counselors shall identify the causes or reasons, or both, based on their professional judgment.
(7) The superintendent of public instruction shall post annually to the office's website the information collected under subsections (1) through (4) of this section.
(8) The Washington state institute for public policy shall calculate an annual estimate of the savings resulting from any change compared to the prior school year in the extended graduation rate. The superintendent shall include the estimate from the institute on the office's website as required under subsection (7) of this section, beginning with the 2010 report.
[ 2020 c 61 s 1; 2014 c 212 s 4; 2010 c 243 s 5; 2005 c 207 s 3; 1991 c 235 s 4; 1986 c 151 s 1. Formerly RCW 28A.58.087.]
Notes:
Findings—Intent—2014 c 212: See note following RCW 28A.300.540.
Findings—Intent—2005 c 207: See note following RCW 28A.600.300.

catchline: Educational progress information—Reporting requirements—Rules—Reports to legislature—Annual estimate of savings.


title: RCW 28A.175.025

text:
Subject to the availability of funds appropriated for this purpose, the office of the superintendent of public instruction shall create a grant program and award grants to local partnerships of schools, families, and communities to begin the phase-in of a statewide comprehensive dropout prevention, intervention, and retrieval system. This program shall be known as the building bridges program.
(1) For purposes of RCW 28A.175.025 through 28A.175.075, a "building bridges program" means a local partnership of schools, families, and communities that provides all of the following programs or activities:
(a) A system that identifies individual students at risk of dropping out from middle through high school based on local predictive data, including state assessment data starting in the fourth grade, and provides timely interventions for such students and for dropouts, including a plan for educational success as already required by the student learning plan as defined under *RCW 28A.655.061. Students identified shall include foster care youth, youth involved in the juvenile justice system, and students receiving special education services under chapter 28A.155 RCW;
(b) Coaches or mentors for students as necessary;
(c) Staff responsible for coordination of community partners that provide a seamless continuum of academic and nonacademic support in schools and communities;
(d) Retrieval or reentry activities; and
(e) Alternative educational programming, including, but not limited to, career and technical education exploratory and preparatory programs and online learning opportunities.
(2) One of the grants awarded under this section shall be for a two-year demonstration project focusing on providing fifth through twelfth grade students with a program that utilizes technology and is integrated with state standards, basic academics, cross-cultural exposures, and age-appropriate preemployment training. The project shall:
(a) Establish programs in two western Washington and one eastern Washington urban areas;
(b) Identify at-risk students in each of the distinct communities and populations and implement strategies to close the achievement gap;
(c) Collect and report data on participant characteristics and outcomes of the project, including the characteristics and outcomes specified under RCW 28A.175.035(1)(e); and
(d) Submit a report to the legislature by December 1, 2009.
[ 2007 c 408 s 2.]
Notes:
*Reviser's note: RCW 28A.655.061 expired August 31, 2022.
Intent—Findings—2007 c 408: "It is the intent of the legislature that increasing academic success and increasing graduation rates be dual goals for the K-12 system. The legislature finds that only seventy-four percent of the class of 2005 graduated on time. Students of color, students living in poverty, students in foster care, students in the juvenile justice system, students who are homeless, students for whom English is not their primary language, and students with disabilities have lower graduation rates than the average. The legislature further finds that students who drop out experience more frequent occurrences of early pregnancy, delinquency, substance abuse, and mental health issues, and have greater need of publicly funded health and social services. The legislature further finds that helping all students be successful in school requires active participation in coordinating services from schools, parents, and other stakeholders and agencies in the local community. The legislature finds that existing resources to vulnerable youth are used more efficiently and effectively when there is significant coordination across local and state entities. The legislature further finds that efficiency and accountability of the K-12 system would be improved by creating a dropout prevention and intervention grant program that implements research-based and emerging best practices and evaluates results." [ 2007 c 408 s 1.]

catchline: Building bridges program—Grants.


title: RCW 28A.175.035

text:
(1) The office of the superintendent of public instruction shall:
(a) Identify criteria for grants and evaluate proposals for funding in consultation with the workforce training and education coordinating board;
(b) Develop and monitor requirements for grant recipients to:
(i) Identify students who both fail the Washington assessment of student learning and drop out of school;
(ii) Identify their own strengths and gaps in services provided to youth;
(iii) Set their own local goals for program outcomes;
(iv) Use research-based and emerging best practices that lead to positive outcomes in implementing the building bridges program; and
(v) Coordinate an outreach campaign to bring public and private organizations together and to provide information about the building bridges program to the local community;
(c) In setting the requirements under (b) of this subsection, encourage creativity and provide for flexibility in implementing the local building bridges program;
(d) Identify and disseminate successful practices;
(e) Develop requirements for grant recipients to collect and report data, including, but not limited to:
(i) The number of and demographics of students served including, but not limited to, information regarding a student's race and ethnicity, a student's household income, a student's housing status, whether a student is a foster youth or youth involved in the juvenile justice system, whether a student is disabled, and the primary language spoken at a student's home;
(ii) Washington assessment of student learning scores;
(iii) Dropout rates;
(iv) On-time graduation rates;
(v) Extended graduation rates;
(vi) Credentials obtained;
(vii) Absenteeism rates;
(viii) Truancy rates; and
(ix) Credit retrieval;
(f) Contract with a third party to evaluate the infrastructure and implementation of the partnership including the leveraging of outside resources that relate to the goal of the partnership. The third-party contractor shall also evaluate the performance and effectiveness of the partnerships relative to the type of entity, as identified in RCW 28A.175.045, serving as the lead agency for the partnership; and
(g) Report to the legislature by December 1, 2008.
(2) In performing its duties under this section, the office of the superintendent of public instruction is encouraged to consult with the work group identified in *RCW 28A.175.075.
(3) In selecting recipients for grant funds appropriated under RCW 28A.175.135, the office of the superintendent of public instruction shall use a streamlined and expedited application and review process for those programs that have already proven to be successful in dropout prevention.
[ 2011 c 288 s 9; 2007 c 408 s 3.]
Notes:
*Reviser's note: RCW 28A.175.075 was amended by 2020 c 114 s 2, renaming the "building bridges work group" to the "graduation: a team effort partnership advisory committee."
Intent—Findings—2007 c 408: See note following RCW 28A.175.025.

catchline: Grants—Criteria and requirements—Data collection—Third-party evaluator—Report.


title: RCW 28A.175.045

text:
In awarding the grants under RCW 28A.175.025, the office of the superintendent of public instruction shall prioritize schools or districts with dropout rates above the statewide average and shall attempt to award building bridges program grants to different geographic regions of the state. Eligible recipients shall be one of the following entities acting as a lead agency for the local partnership: A school district, a tribal school, an area workforce development council, an educational service district, an accredited institution of higher education, a vocational skills [skill] center, a federally recognized tribe, a community organization, or a nonprofit 501(c)(3) corporation. If the recipient is not a school district, at least one school district must be identified within the partnership. The superintendent of public instruction shall ensure that grants are distributed proportionately between school districts and other recipients. This requirement may be waived if the superintendent of public instruction finds that the quality of the programs or applications from these entities does not warrant the awarding of the grants proportionately.
[ 2007 c 408 s 4.]
Notes:
Intent—Findings—2007 c 408: See note following RCW 28A.175.025.

catchline: Grant awards—Recipients.


title: RCW 28A.175.055

text:
To be eligible for a grant under RCW 28A.175.025, grant applicants shall:
(1) Build or demonstrate a commitment to building a broad-based partnership of schools, families, and community members to provide an effective and efficient building bridges program. The partnership shall consider an effective model for school-community partnerships and include local membership from, but not limited to, school districts, tribal schools, secondary career and technical education programs, skill centers that serve the local community, an educational service district, the area workforce development council, accredited institutions of higher education, tribes or other cultural organizations, the parent teacher association, the juvenile court, prosecutors and defenders, the local health department, health care agencies, public transportation agencies, local division representatives of the department of social and health services, businesses, city or county government agencies, civic organizations, and appropriate youth-serving community-based organizations. Interested parents and students shall be actively included whenever possible;
(2) Demonstrate how the grant will enhance any dropout prevention and intervention programs and services already in place in the district;
(3) Provide a twenty-five percent match that may include in-kind resources from within the partnership;
(4) Track and report data required by the grant; and
(5) Describe how the dropout prevention, intervention, and retrieval system will be sustained after initial funding, including roles of each of the partners.
[ 2007 c 408 s 5.]
Notes:
Intent—Findings—2007 c 408: See note following RCW 28A.175.025.

catchline: Grant awards—Eligibility.


title: RCW 28A.175.065

text:
(1) Educational service districts, in collaboration with area workforce development councils, shall:
(a) Provide technical assistance to local partnerships established under a grant awarded under RCW 28A.175.025 in collecting and using performance data; and
(b) At the request of a local partnership established under a grant awarded under RCW 28A.175.025, provide assistance in the development of a functional sustainability plan, including the identification of potential funding sources for future operation.
(2) Local partnerships established under a grant awarded under RCW 28A.175.025 may contract with an educational service district, workforce development council, or a private agency for specialized training in such areas as cultural competency, identifying diverse learning styles, and intervention strategies for students at risk of dropping out of school.
[ 2007 c 408 s 6.]
Notes:
Intent—Findings—2007 c 408: See note following RCW 28A.175.025.

catchline: Duties of educational service districts—Collaboration with workforce development councils.


title: RCW 28A.175.074

text:
The definitions in this section apply throughout section 3, chapter 243, Laws of 2010 and RCW 28A.175.075 unless the context clearly requires otherwise.
(1) "Critical community members" means representatives in the local community from among the following agencies and organizations: Student/parent organizations, parents and families, local government, law enforcement, juvenile corrections, any tribal organization in the local school district, the local health district, nonprofit and social service organizations serving youth, and faith organizations.
(2) "Dropout early warning and intervention data system" means a student information system that provides the data needed to conduct a universal screening to identify students at risk of dropping out, catalog student interventions, and monitor student progress towards graduation.
(3) "K-12 dropout prevention, intervention, and reengagement system" means a system that provides all of the following functions:
(a) Engaging in school improvement planning specifically focused on improving high school graduation rates, including goal-setting and action planning, based on a comprehensive assessment of strengths and challenges;
(b) Providing prevention activities including, but not limited to, emotionally and physically safe school environments, implementation of a comprehensive guidance and counseling model facilitated by certified school counselors, core academic instruction, and career and technical education exploratory and preparatory programs;
(c) Identifying vulnerable students based on a dropout early warning and intervention data system;
(d) Timely academic and nonacademic group and individual interventions for vulnerable students based on a response to intervention model, including planning and sharing of information at critical academic transitions;
(e) Providing graduation coaches, mentors, certified school counselors, and/or case managers for vulnerable students identified as needing a more intensive one-on-one adult relationship;
(f) Establishing and providing staff to coordinate a school/family/community partnership that assists in building a K-12 dropout prevention, intervention, and reengagement system;
(g) Providing retrieval or reentry activities; and
(h) Providing alternative educational programming including, but not limited to, credit retrieval and online learning opportunities.
(4) "School/family/community partnership" means a partnership between a school or schools, families, and the community, that engages critical community members in a formal, structured partnership with local school districts in a coordinated effort to provide comprehensive support services and improve outcomes for vulnerable youth.
(5) "Vulnerable students" means students who are in foster care, involved in the juvenile justice system, receiving special education services under chapter 28A.155 RCW, recent immigrants, homeless, emotionally traumatized, or are facing behavioral health issues, and students deemed at-risk of school failure as identified by a dropout early warning data system or other assessment.
[ 2010 c 243 s 2.]


title: RCW 28A.175.075

text:
(1) The office of the superintendent of public instruction shall establish a state-level advisory committee to be known as the graduation: a team effort partnership advisory committee. The advisory committee shall include K-12 and state agencies that work with youth who have dropped out or are at risk of dropping out of school. The following agencies shall appoint representatives to the advisory committee: The office of the superintendent of public instruction, the workforce training and education coordinating board, the department of children, youth, and families, the employment security department, the state board for community and technical colleges, the department of health, the community mobilization office, and the children's services and behavioral health and recovery divisions of the department of social and health services. The advisory committee shall also consist of one representative from each of the following agencies and organizations: A statewide organization representing career and technical education programs including skill centers; the juvenile courts or the office of juvenile justice, or both; the Washington association of prosecuting attorneys; the Washington state office of public defense; accredited institutions of higher education; the educational service districts; the area workforce development councils; parent and educator associations; educational opportunity gap oversight and accountability committee; office of the education ombuds; local school districts; agencies or organizations that provide services to special education students; community organizations serving youth; federally recognized tribes and urban tribal centers; each of the major political caucuses of the senate and house of representatives; and the minority commissions.
(2) To assist and enhance the work of the programs established in RCW 28A.175.025, the advisory committee shall:
(a) Identify and make recommendations to the legislature for the reduction of fiscal, legal, and regulatory barriers that prevent coordination of program resources across agencies at the state and local level;
(b) Develop and track performance measures and benchmarks for each partner agency or organization across the state including performance measures and benchmarks based on student characteristics and outcomes specified in RCW 28A.175.035(1)(e); and
(c) Identify research-based and emerging best practices regarding prevention, intervention, and retrieval programs.
(3) The advisory committee shall report to the appropriate committees of the legislature and the governor on an annual basis beginning December 1, 2007, with proposed strategies for building K-12 dropout prevention, intervention, and reengagement systems in local communities throughout the state including, but not limited to, recommendations for implementing emerging best practices, needed additional resources, and eliminating barriers.
(4) State agencies in the advisory committee shall work together, wherever feasible, on the following activities to support school/family/community partnerships engaged in building K-12 dropout prevention, intervention, and reengagement systems:
(a) Providing opportunities for coordination and flexibility of program eligibility and funding criteria;
(b) Providing joint funding;
(c) Developing protocols and templates for model agreements on sharing records and data;
(d) Providing joint professional development opportunities that provide knowledge and training on:
(i) Research-based and promising practices;
(ii) The availability of programs and services for vulnerable youth; and
(iii) Cultural competence.
[ 2020 c 114 s 2; 2018 c 58 s 31; 2016 c 162 s 1; 2013 c 23 s 46; 2010 c 243 s 4; 2007 c 408 s 7.]
Notes:
Effective date—2020 c 114: "This act takes effect July 1, 2020." [ 2020 c 114 s 25.]
Effective date—2018 c 58: See note following RCW 28A.655.080.
Intent—Findings—2007 c 408: See note following RCW 28A.175.025.


title: RCW 28A.175.100

text:
(1) This section and RCW 28A.175.105 through 28A.175.115 provide a statutory framework for a statewide dropout reengagement system to provide appropriate educational opportunities and access to services for students age sixteen to twenty-one who have dropped out of high school or are not accumulating sufficient credits to reasonably complete a high school diploma in a public school before the age of twenty-one.
(2) Under the system, school districts may:
(a) Enter into the model interlocal agreement developed under RCW 28A.175.110 with an educational service district, community or technical college, or other public entity to provide a dropout reengagement program for eligible students of the district; or
(b) Enter into the model contract developed under RCW 28A.175.110 with a community-based organization to provide a dropout reengagement program for eligible students of the district.
(3) If a school district does not enter an interlocal agreement or contract with an educational service district, community or technical college, other public entity, or community-based organization to provide a dropout reengagement program for eligible students residing in the district, the educational service district, community or technical college, other public entity, or community-based organization may petition a school district other than the resident school district to enroll the eligible students under RCW 28A.225.220 through 28A.225.230 and enter the interlocal agreement or contract with the petitioning entity to provide a dropout reengagement program for the eligible students.
(4) This section does not affect the authority of school districts to contract for educational services under RCW 28A.150.305 and 28A.320.035. This section also does not affect the authority of school districts to offer dropout reengagement programs or other educational services for eligible students directly.
[ 2010 c 20 s 2.]
Notes:
Intent—2013 c 39; 2010 c 20: "(1) In every school district there are older youth who have become disengaged with the traditional education program of public high schools. They may have failed multiple classes and are far behind in accumulating credits to graduate. They do not see a high school diploma as an achievable goal. They may have dropped out of school entirely. They are not likely to become reengaged in their education by the prospect of reenrollment in a traditional or even an alternative high school.
(2) For many years, school districts, community and technical colleges, and community-based organizations have created partnerships to provide appropriate educational programs for these students. Programs such as career education options and career link have successfully offered individualized academic instruction, case management support, and career-oriented skills in an age-appropriate learning environment to hundreds of disengaged older youth. Preparation for a test to earn a high school equivalency certificate as provided in RCW 28B.50.536 in accordance with rules adopted under RCW 28A.305.190 is provided but is not the end goal for students.
(3) However, in recent years, many of these partnerships have ceased to operate. The laws and rules authorizing school districts to contract using basic education allocations do not provide sufficient guidance and instead present barriers. Program providers are forced to adapt to rules that were not written to address the needs of the students being served. Questions and concerns about liability, responsibility, and administrative burden have caused districts reluctantly to abandon their partnerships, and consequently leave hundreds of students without a viable alternative for continuing their public education.
(4) Therefore the legislature intends to provide a statutory framework to support a statewide dropout reengagement system for older youth. The framework clarifies and standardizes funding, programs, and administration by directing the office of the superintendent of public instruction to develop model contracts and interlocal agreements. It is the legislature's intent to encourage school districts, community and technical colleges, and community-based organizations to participate in this system and provide appropriate instruction and services to reengage older students and help them make progress toward a meaningful credential and career skills." [ 2013 c 39 s 4; 2010 c 20 s 1.]

catchline: Statewide dropout reengagement program.


title: RCW 28A.175.105

text:
The definitions in this section apply throughout RCW 28A.175.100 through 28A.175.110 unless the context clearly requires otherwise:
(1) "Dropout reengagement program" means an educational program that offers at least the following instruction and services:
(a) Academic instruction, including but not limited to preparation to earn a high school equivalency certificate as provided in RCW 28B.50.536 in accordance with rules adopted under RCW 28A.305.190, academic skills instruction, and college and work readiness preparation, that generates credits that can be applied to a high school diploma from the student's school district or from a community or technical college under RCW 28B.50.535 and has the goal of enabling the student to obtain the academic and work readiness skills necessary for employment or postsecondary study. A dropout reengagement program is not required to offer instruction in only those subject areas where a student is deficient in accumulated credits. Academic instruction must be provided by teachers certified by the Washington professional educator standards board or by instructors employed by a community or technical college whose required credentials are established by the college;
(b) Case management, academic and career counseling, and assistance with accessing services and resources that support at-risk youth and reduce barriers to educational success; and
(c) If the program provider is a community or technical college, the opportunity for qualified students to enroll in college courses that lead to a postsecondary degree or certificate. The college may not charge an eligible student tuition for such enrollment.
(2) "Eligible student" means a student who:
(a) Is at least sixteen but less than twenty-one years of age at the beginning of the school year;
(b) Is not accumulating sufficient credits toward a high school diploma to reasonably complete a high school diploma from a public school before the age of twenty-one or is recommended for the program by case managers from the department of social and health services or the juvenile justice system; and
(c) Is enrolled or enrolls in the school district in which the student resides, or is enrolled or enrolls in an institutional education program as defined in RCW 28A.190.005 or a nonresident school district under RCW 28A.225.220 through 28A.225.230.
(3) "Full-time equivalent eligible student" means an eligible student whose enrollment and attendance meet criteria adopted by the office of the superintendent of public instruction specifically for dropout reengagement programs. The criteria shall be:
(a) Based on the community or technical college credits generated by the student if the program provider is a community or technical college; and
(b) Based on a minimum amount of planned programming or instruction and minimum attendance by the student rather than hours of seat time if the program provider is a community-based organization.
[ 2021 c 164 s 7; 2013 c 39 s 5; 2010 c 20 s 3.]
Notes:
Findings—Intent—2021 c 164: See note following RCW 28A.190.005.
Intent—2010 c 20: See note following RCW 28A.175.100.

catchline: Statewide dropout reengagement program—Definitions.


title: RCW 28A.175.110

text:
(1) The office of the superintendent of public instruction shall develop a model interlocal agreement and a model contract for the dropout reengagement system.
(2) The model interlocal agreement and contract shall, at a minimum, address the following:
(a) Responsibilities for identification, referral, and enrollment of eligible students;
(b) Instruction and services to be provided by a dropout reengagement program, as specified under RCW 28A.175.105;
(c) Responsibilities for data collection and reporting, including student transcripts and data required for the statewide student information system;
(d) Administration of the high school statewide student assessments;
(e) Uniform financial reimbursement rates per full-time equivalent eligible student enrolled in a dropout reengagement program, calculated and allocated as a statewide annual average of the basic education allocations generated under RCW 28A.150.260 for nonvocational students and including enhancements for vocational students where eligible students are enrolled in vocational courses in a program, and allowing for a uniform administrative fee to be retained by the district;
(f) Responsibilities for provision of special education or related services for eligible students with disabilities who have an individualized education program;
(g) Responsibilities for necessary accommodations and plans for students qualifying under section 504 of the rehabilitation act of 1973;
(h) Minimum instructional staffing ratios for dropout reengagement programs offered by community-based organizations, which are not required to be the same as for other basic education programs in school districts; and
(i) Performance measures that must be reported to the office of the superintendent of public instruction in a common format for purposes of accountability, including longitudinal monitoring of student progress and postsecondary education and employment.
(3) Eligible students enrolled in a dropout reengagement program under RCW 28A.175.100, 28A.175.105, and this section are considered regularly enrolled students of the school district in which they are enrolled, except that the students shall not be included in the school district's enrollment for purposes of calculating compliance with RCW 28A.150.100.
[ 2010 c 20 s 4.]
Notes:
Intent—2010 c 20: See note following RCW 28A.175.100.

catchline: Statewide dropout reengagement program—Model interlocal agreement and model contract—Students considered regularly enrolled in district.


title: RCW 28A.175.115

text:
(1) The office of the superintendent of public instruction shall adopt rules to implement RCW 28A.175.100 through 28A.175.110.
(2) When adopting rules under this section and developing model interlocal agreements and contracts under RCW 28A.175.110, the office of the superintendent of public instruction shall consult with the state board for community and technical colleges, the workforce training and education coordinating board, colleges and community-based organizations that have previously offered dropout reengagement programs, providers of online courses and programs approved under RCW 28A.250.020, school districts, and educational service districts.
[ 2010 c 20 s 5.]
Notes:
Intent—2010 c 20: See note following RCW 28A.175.100.

catchline: Statewide dropout reengagement program—Rules.


title: RCW 28A.175.120

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 8.]
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.175.130

text:
(1) The pay for actual student success (PASS) program is created under this section and RCW 28A.175.135 through 28A.175.160 to invest in proven dropout prevention and intervention programs as provided in RCW 28A.175.135 and provide a financial award for high schools that demonstrate improvement in the dropout prevention indicators established under RCW 28A.175.140. The legislature finds that increased accumulation of credits and reductions in incidents of student discipline lead to improved graduation rates.
(2) The office of the superintendent of public instruction, the workforce training and education coordinating board, the *building bridges working group, the student achievement council, and the college scholarship organization under RCW 28A.175.135(4) shall collaborate to assure that the programs under RCW 28A.175.135 operate systematically and are expanded to include as many additional students and schools as possible.
[ 2012 c 229 s 503; 2011 c 288 s 2.]
Notes:
*Reviser's note: The "building bridges work group" was renamed the "graduation: a team effort partnership advisory committee" by 2020 c 114 s 2.
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.

catchline: Pay for actual student success (PASS) program—Created—Finding—Collaboration.


title: RCW 28A.175.135

text:
Subject to funds appropriated for this purpose, funds shall be allocated as specified in the omnibus appropriations act to support the PASS program through the following programs:
(1) The opportunity internship program under RCW 28C.18.160 through 28C.18.168;
(2) The jobs for America's graduates program administered through the office of the superintendent of public instruction;
(3) The building bridges program under RCW 28A.175.025, to be used to expand programs that have been implemented by building bridges partnerships and determined by the *building bridges work group to be successful in reducing dropout rates, or to replicate such programs in new partnerships; and
(4) Individualized student support services provided by a college scholarship organization with expertise in managing scholarships for low-income, high potential students and foster care youth under contract with the office of student financial assistance, including but not limited to college and career advising, counseling, tutoring, community mentor programs, and leadership development.
[ 2012 c 229 s 601; 2011 c 288 s 3.]
Notes:
*Reviser's note: The "building bridges work group" was renamed the "graduation: a team effort partnership advisory committee" by 2020 c 114 s 2.
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.

catchline: PASS program—Allocation of funds.


title: RCW 28A.175.140

text:
(1) The office of the superintendent of public instruction, in consultation with the state board of education, must:
(a) Calculate the annual extended graduation rate for each high school, which is the rate at which a class of students enters high school as first-year students and graduates with a high school diploma, including students who receive a high school diploma after the year they were expected to graduate. The office may statistically adjust the rate for student demographics in the high school, including the number of students eligible for free and reduced-price meals, special education and English language learner students, students of various racial and ethnic backgrounds, and student mobility;
(b) Annually calculate the proportion of students at grade level for each high school, which shall be measured by the number of credits a student has accumulated at the end of each school year compared to the total number required for graduation. For the purposes of this subsection (1)(b), the office shall adopt a standard definition of "at grade level" for each high school grade;
(c) Annually calculate the proportion of students in each high school who are suspended or expelled from school, as reported by the high school. In-school suspensions shall not be included in the calculation. Improvement on the indicator under this subsection (1)(c) shall be measured by a reduction in the number of students suspended or expelled from school; and
(d) Beginning with the 2012-13 school year, annually measure student attendance in each high school as provided under RCW 28A.300.046.
(2) The office of the superintendent of public instruction may add dropout prevention indicators to the list of indicators under subsection (1) of this section, such as student grades, state assessment mastery, or student retention.
(3) To the maximum extent possible, the office of the superintendent of public instruction shall rely on data collected through the comprehensive education data and research system to calculate the dropout prevention indicators under this section and shall minimize additional data collection from schools and school districts unless necessary to meet the requirements of this section.
(4) The office of the superintendent of public instruction shall develop a metric for measuring the performance of each high school on the indicators under subsection (1) of this section that assigns points for each indicator and results in a single numeric dropout prevention score for each high school. The office shall weight the extended graduation rate indicator within the metric so that a high school does not qualify for an award under RCW 28A.175.145 without an increase in its extended graduation rate. The metric used through the 2012-13 school year shall include the indicators in subsection (1)(a) through (c) of this section and shall measure improvement against the 2010-11 school year as the baseline year. Beginning in the 2013-14 school year, the metric shall also include the indicator in subsection (1)(d) of this section, with improvement in this indicator measured against the 2012-13 school year as the baseline year. The office may establish a minimum level of improvement in a high school's dropout prevention score for the high school to qualify for a PASS program award under RCW 28A.175.145.
[ 2013 c 23 s 47; 2011 c 288 s 4.]

catchline: PASS program—Duties of superintendent of public instruction.


title: RCW 28A.175.145

text:
(1)(a) Subject to funds appropriated for this purpose or otherwise available in the account established in RCW 28A.175.155, beginning in the 2011-12 school year and each year thereafter, a high school that demonstrates improvement in its dropout prevention score compared to the baseline school year as calculated under RCW 28A.175.140 may receive a PASS program award as provided under this section. The legislature intends to recognize and reward continuous improvement by using a baseline year for calculating eligibility for PASS program awards so that a high school retains previously earned award funds from one year to the next unless its performance declines.
(b) The office of the superintendent of public instruction must determine the amount of PASS program awards based on appropriated funds and eligible high schools. The intent of the legislature is to provide an award to each eligible high school commensurate with the degree of improvement in the high school's dropout prevention score and the size of the high school. The office must establish a minimum award amount. If funds available for PASS program awards are not sufficient to provide an award to each eligible high school, the office of the superintendent of public instruction shall establish objective criteria to prioritize awards based on eligible high schools with the greatest need for additional dropout prevention and intervention services. The office of the superintendent of public instruction shall encourage and may require a high school receiving a PASS program award to demonstrate an amount of community matching funds or an amount of in-kind community services to support dropout prevention and intervention.
(c) Ninety percent of an award under this section must be allocated to the eligible high school to be used for dropout prevention activities in the school as specified in subsection (2) of this section. The principal of the high school shall determine the use of funds after consultation with parents and certificated and classified staff of the school.
(d) Ten percent of an award under this section must be allocated to the school district in which the eligible high school is located to be used for dropout prevention activities as specified in subsection (2) of this section in the high school or in other schools in the district.
(e) The office of the superintendent of public instruction may withhold distribution of award funds under this section to an otherwise eligible high school or school district if the superintendent of public instruction issues a finding that the school or school district has willfully manipulated the dropout prevention indicators under RCW 28A.175.140, for example by expelling, suspending, transferring, or refusing to enroll students at risk of dropping out of school or at risk of low achievement.
(2) High schools and school districts may use PASS program award funds for any programs or activities that support the development of a dropout prevention, intervention, and reengagement system as described in RCW 28A.175.074, offered directly by the school or school district or under contract with education agencies or community-based organizations, including but not limited to educational service districts and workforce development councils. Such programs or activities may include but are not limited to the following:
(a) Strategies to close the educational opportunity and achievement gaps among groups of students as disaggregated by the categories and subcategories in RCW 28A.300.042 (1) and (3);
(b) Use of graduation coaches as defined in RCW 28A.175.150;
(c) Opportunity internship activities under RCW 28C.18.164;
(d) Dropout reengagement programs provided by community-based organizations or community and technical colleges;
(e) Comprehensive guidance and planning programs as defined under RCW 28A.600.045, including but not limited to the navigation 101 program;
(f) Reduced class sizes, extended school day, extended school year, and tutoring programs for students identified as at risk of dropping out of school, including instruction to assist these students in meeting graduation requirements in mathematics and science;
(g) Outreach and counseling targeted to students identified as at risk of dropping out of school, or who have dropped out of school, to encourage them to consider learning alternatives such as preapprenticeship programs, skill centers, running start, technical high schools, and other options for completing a high school diploma;
(h) Preapprenticeship programs under RCW 49.04.190;
(i) Mentoring programs for students;
(j) Development and use of dropout early warning data systems;
(k) Counseling, resource and referral services, and intervention programs to address social, behavioral, and health factors associated with dropping out of school;
(l) Implementing programs for in-school suspension or other strategies to avoid excluding middle and high school students from the school whenever possible;
(m) Parent engagement activities such as home visits and off-campus parent support group meetings related to dropout prevention and reengagement; and
(n) Early learning programs for prekindergarten students.
(3) High schools and school districts are encouraged to implement dropout prevention and reengagement strategies in a comprehensive and systematic manner, using strategic planning, school improvement plans, evaluation and feedback, and response to intervention tools.
[ 2022 c 75 s 2; 2011 c 288 s 5.]

catchline: PASS program—Awards.


title: RCW 28A.175.150

text:
For the purposes of RCW 28A.175.145, a "graduation coach" means a staff person, working in consultation with counselors, who is assigned to identify and provide intervention services to students who have dropped out or are at risk of dropping out of school or of not graduating on time through the following activities:
(1) Monitoring and advising on individual student progress toward graduation;
(2) Providing student support services and case management;
(3) Motivating students to focus on a graduation plan;
(4) Encouraging parent and community involvement;
(5) Connecting parents and students with appropriate school and community resources;
(6) Securing supplemental academic services for students;
(7) Implementing school-wide dropout prevention programs and interventions; and
(8) Analyzing data to identify at-risk students.
[ 2011 c 288 s 6.]

catchline: PASS program—Graduation coach.


title: RCW 28A.175.155

text:
The high school completion account is created in the custody of the state treasurer. Revenues to the account shall consist of appropriations made by the legislature, federal funds, gifts or grants from the private sector or foundations, and other sources deposited in the account. Expenditures from the account may be used only for proven dropout prevention and intervention programs identified under RCW 28A.175.135 and to make PASS program awards under RCW 28A.175.145. Only the superintendent of public instruction or the superintendent's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2011 c 288 s 7.]

catchline: PASS program—High school completion account.


title: RCW 28A.175.160

text:
The office of the superintendent of public instruction must regularly inform high schools and school districts about the opportunities under RCW 28A.175.135 to receive funding to implement programs that have been proven to reduce dropout rates and increase graduation rates, as well as the opportunities under RCW 28A.175.145 for high schools to receive a financial incentive for success. Within available funds, the office shall develop systemic, ongoing strategies for identifying and disseminating successful dropout prevention and reengagement programs and strategies and for incorporating dropout prevention and reengagement into high school and school district strategic planning and improvement. The office may offer support and assistance to schools and districts through regional networks. The office shall make every effort to keep dropout prevention and reduction of the dropout rate a top priority for school directors, administrators, and teachers.
[ 2011 c 288 s 8.]

catchline: PASS program—Information regarding funds and awards—Development of strategies for dropout prevention and reengagement programs, planning, and improvement.


title: RCW 28A.180.010

text:
RCW 28A.180.010 through 28A.180.080 shall be known and cited as "the transitional bilingual instruction act." The legislature finds that there are large numbers of children who come from homes where the primary language is other than English. The legislature finds that a transitional bilingual education program can meet the needs of these children. Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of RCW 28A.180.010 through 28A.180.080 to provide for the implementation of transitional bilingual education programs in the public schools.
[ 2009 c 548 s 704; 1990 c 33 s 163; 1984 c 124 s 1; 1979 c 95 s 1. Formerly RCW 28A.58.800.]
Notes:
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Severability—1979 c 95: "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." [ 1979 c 95 s 9.]

catchline: Short title—Purpose.


title: RCW 28A.180.020

text:
The superintendent of public instruction shall review annually the transitional bilingual instruction program and shall submit a report of such review to the legislature on or before February 1st of each year.
[ 2017 c 123 s 1; 1984 c 124 s 8. Formerly RCW 28A.58.801.]

catchline: Annual report by superintendent of public instruction.


title: RCW 28A.180.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Eligible pupil" means any enrollee of the school district whose primary language is other than English and whose English language skills are sufficiently deficient or absent to impair learning.
(2) "Exited pupil" means a student previously enrolled in the transitional bilingual instruction program who is no longer eligible for the program based on his or her performance on an English proficiency assessment approved by the superintendent of public instruction.
(3) "Primary language" means the language most often used by the student for communication in his/her home.
(4) "Transitional bilingual instruction" means:
(a) A system of instruction which uses two languages, one of which is English, as a means of instruction to build upon and expand language skills to enable the pupil to achieve competency in English. Dual language education and tribal language education as defined in RCW 28A.300.577 are the preferred transitional bilingual instruction program models; or
(b) In those cases in which instruction in two languages is not practicable as established by the superintendent of public instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a second language and is designed to enable the pupil to achieve competency in English.
[ 2024 c 202 s 6. Prior: 2013 2nd sp.s. c 9 s 3; 2001 1st sp.s. c 6 s 3; 1990 c 33 s 164; 1984 c 124 s 2; 1979 c 95 s 2. Formerly RCW 28A.58.802.]
Notes:
Findings—Intent—2024 c 202: See note following RCW 28A.300.577.
Intent—Effective dates—2013 2nd sp.s. c 9: See notes following RCW 28A.150.220.
Severability—1979 c 95: See note following RCW 28A.180.010.

catchline: Definitions.


title: RCW 28A.180.040

text:
(1) Every school district board of directors shall:
(a) Make available to each eligible pupil transitional bilingual instruction to achieve competency in English, in accord with rules of the superintendent of public instruction;
(b) Wherever feasible, ensure that communications to parents emanating from the schools shall be appropriately bilingual for those parents of pupils in the bilingual instruction program;
(c) Determine, by administration of an English test approved by the superintendent of public instruction the number of eligible pupils enrolled in the school district at the beginning of a school year and thereafter during the year as necessary in individual cases;
(d) Ensure that a student who is a child of a military family in transition and who has been assessed as in need of, or enrolled in, a bilingual instruction program, the receiving school shall initially honor placement of the student into a like program.
(i) The receiving school shall determine whether the district's program is a like program when compared to the sending school's program; and
(ii) The receiving school may conduct subsequent assessments pursuant to RCW 28A.180.090 to determine appropriate placement and continued enrollment in the program;
(e) Before the conclusion of each school year, measure each eligible pupil's improvement in learning the English language by means of a test approved by the superintendent of public instruction;
(f) Provide in-service training for teachers, counselors, and other staff, who are involved in the district's transitional bilingual program. Such training shall include appropriate instructional strategies for children of culturally different backgrounds, use of curriculum materials, and program models; and
(g) Make available a program of instructional support for up to two years immediately after pupils exit from the program, for exited pupils who need assistance in reaching grade-level performance in academic subjects even though they have achieved English proficiency for purposes of the transitional bilingual instructional program.
(2) Beginning in the 2019-20 school year, all classroom teachers assigned using funds for the transitional bilingual instruction program to provide supplemental instruction for eligible pupils must hold an endorsement in bilingual education or English language learner, or both.
(3) The definitions in Article II of RCW 28A.705.010 apply to subsection (1)(d) of this section.
[ 2016 c 72 s 301; 2013 2nd sp.s. c 9 s 4; 2009 c 380 s 5; 2001 1st sp.s. c 6 s 4; 1984 c 124 s 3; 1979 c 95 s 3. Formerly RCW 28A.58.804.]
Notes:
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.
Intent—Effective dates—2013 2nd sp.s. c 9: See notes following RCW 28A.150.220.
Effective date—1979 c 95 s 3: "Section 3 of this act shall take effect September 1, 1980." [ 1979 c 95 s 7.]
Severability—1979 c 95: See note following RCW 28A.180.010.

catchline: School board duties.


title: RCW 28A.180.060

text:
The superintendent of public instruction shall:
(1) Promulgate and issue program development guidelines to assist school districts in preparing their programs;
(2) Promulgate rules for implementation of RCW 28A.180.010 through 28A.180.080 in accordance with chapter 34.05 RCW. The rules shall be designed to maximize the role of school districts in selecting programs appropriate to meet the needs of eligible students. The rules shall identify the process and criteria to be used to determine when a student is no longer eligible for transitional bilingual instruction pursuant to RCW 28A.180.010 through 28A.180.080.
[ 1990 c 33 s 165; 1984 c 124 s 5; 1979 c 95 s 5. Formerly RCW 28A.58.808.]
Notes:
Severability—1979 c 95: See note following RCW 28A.180.010.

catchline: Guidelines and rules.


title: RCW 28A.180.080

text:
Moneys appropriated by the legislature for the purposes of RCW 28A.180.010 through 28A.180.080 shall be allocated by the superintendent of public instruction to school districts for the sole purpose of operating an approved bilingual instruction program.
[ 2009 c 548 s 705; 1995 c 335 s 601; 1990 c 33 s 167; 1979 c 95 s 6. Formerly RCW 28A.58.810.]
Notes:
Effective date—2009 c 548 ss 101-110 and 701-710: See note following RCW 28A.150.200.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Severability—1979 c 95: See note following RCW 28A.180.010.

catchline: Allocation of moneys for bilingual instruction program.


title: RCW 28A.180.090

text:
The superintendent of public instruction shall develop an evaluation system designed to measure increases in the English and academic proficiency of eligible pupils. When developing the system, the superintendent shall:
(1) Require school districts to assess potentially eligible pupils within ten days of registration using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district;
(2) Require school districts to annually assess all eligible pupils at the end of the school year using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district;
(3) Develop a system to evaluate increases in the English and academic proficiency of students who are, or were, eligible pupils. This evaluation shall include students when they are in the program and after they exit the program until they finish their K-12 career or transfer from the school district. The purpose of the evaluation system is to inform schools, school districts, parents, and the state of the effectiveness of the transitional bilingual programs in school and school districts in teaching these students English and other content areas, such as mathematics and writing; and
(4) Subject to funds appropriated specifically for this purpose, provide school districts with technical assistance and support in selecting research-based program models, instructional materials, and professional development for program staff, including disseminating information about best practices and innovative programs. The information must include research about the differences between conversational language proficiency, academic language proficiency, and subject-specific language proficiency and the implications this research has on instructional practices and evaluation of program effectiveness.
[ 2016 c 72 s 401; 2001 1st sp.s. c 6 s 2.]
Notes:
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.

catchline: Evaluation system—Technical assistance and support.


title: RCW 28A.180.100

text:
The office of the superintendent of public instruction and the state board for community and technical colleges shall jointly develop a program plan to provide a continuing education option for students who are eligible for the state transitional bilingual instruction program and who need more time to develop language proficiency but who are more age-appropriately suited for a postsecondary learning environment than for a high school. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and any resources necessary to implement the plan.
[ 2019 c 252 s 107; 2004 c 19 s 105.]
Notes:
Intent—2019 c 252: See note following RCW 28A.230.710.
Part headings and captions not law—Effective date—2004 c 19: See notes following RCW 28A.230.090.

catchline: Continuing education plan for older students.


title: RCW 28A.180.110

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 9.]
Notes:
Conflict with federal requirements—2011 c 45: See note following RCW 28A.330.250.