title: RCW 28A.400.301

text:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Applicant" means an applicant for employment in a certificated or classified position who is currently or was previously employed by a school district.
(b) "Employer" means a school district employer.
(2) Before hiring an applicant, a school district shall request the applicant to sign a statement:
(a) Authorizing the applicant's current and past employers, including employers outside of Washington state, to disclose to the hiring school district sexual misconduct, if any, by the applicant and making available to the hiring school district copies of all documents in the previous employer's personnel, investigative, or other files relating to sexual misconduct by the applicant; and
(b) Releasing the applicant's current and past employers, and employees acting on behalf of that employer, from any liability for providing information described in (a) of this subsection, as provided in subsection (4) of this section.
(3) Before hiring an applicant, a school district shall request in writing, electronic or otherwise, the applicant's current and past employers, including out-of-state employers, to provide the information described in subsection (2)(a) of this section, if any. The request shall include a copy of the statement signed by the applicant under subsection (2) of this section.
(4) Not later than twenty business days after receiving a request under subsection (3) of this section, a school district shall provide the information requested and make available to the requesting school district copies of all documents in the applicant's personnel record relating to the sexual misconduct. The school district, or an employee acting on behalf of the school district, who in good faith discloses information under this section is immune from civil liability for the disclosure.
(5) A hiring district shall request from the office of the superintendent of public instruction verification of certification status, including information relating to sexual misconduct as established by the provisions of subsection (11) of this section, if any, for applicants for certificated employment.
(6) A school district shall not hire an applicant who does not sign the statement described in subsection (2) of this section.
(7) School districts may employ applicants on a conditional basis pending the district's review of information obtained under this section. When requests are sent to out-of-state employers under subsection (3) of this section, an applicant who has signed the statement described in subsection (2) of this section, shall not be prevented from gaining employment in Washington public schools if the laws or policies of that other state prevent documents from being made available to Washington state school districts or if the out-of-state school district fails or refuses to cooperate with the request.
(8) Information received under this section shall be used by a school district only for the purpose of evaluating an applicant's qualifications for employment in the position for which he or she has applied. Except as otherwise provided by law, a board member or employee of a school district shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant's qualifications for employment. A person who violates this subsection is guilty of a misdemeanor.
(9) Beginning September 1, 2004, the board or an official of a school district shall not enter into a collective bargaining agreement, individual employment contract, resignation agreement, severance agreement, or any other contract or agreement that has the effect of suppressing information about verbal or physical abuse or sexual misconduct by a present or former employee or of expunging information about that abuse or sexual misconduct from any documents in the previous employer's personnel, investigative, or other files relating to verbal or physical abuse or sexual misconduct by the applicant. Any provision of a contract or agreement that is contrary to this subsection is void and unenforceable, and may not be withheld from disclosure by the entry of any administrative or court order. This subsection does not restrict the expungement from a personnel file of information about alleged verbal or physical abuse or sexual misconduct that has not been substantiated.
(10) This section does not prevent a school district from requesting or requiring an applicant to provide information other than that described in this section.
(11) By September 1, 2004, the state board of education has the authority to and shall adopt rules defining "verbal abuse," "physical abuse," and "sexual misconduct" as used in this section for application to all classified and certificated employees. The definitions of verbal and physical abuse and sexual misconduct adopted by the state board of education must include the requirement that the school district has made a determination that there is sufficient information to conclude that the abuse or misconduct occurred and that the abuse or misconduct resulted in the employee's leaving his or her position at the school district.
(12) Except as limited by chapter 49.12 RCW, at the conclusion of a school district's investigation, a school employee has the right to review his or her entire personnel file, investigative file, or other file maintained by the school district relating to sexual misconduct as addressed in this section and to attach rebuttals to any documents as the employee deems necessary. Rebuttal documents shall be disclosed in the same manner as the documents to which they are attached. The provisions of this subsection do not supersede the protections provided individuals under the state whistleblower laws in chapter 42.41 RCW.
[ 2005 c 266 s 1; 2004 c 29 s 2.]
Notes:
Findings—2004 c 29: "The legislature recognizes that state law requires criminal background checks of applicants for school district employment. However, the legislature finds that, because they generally are limited to criminal conviction histories, results of background checks are more complete when supplemented by an applicant's history of past sexual misconduct. Therefore, the legislature finds that additional safeguards are necessary in the hiring of school district employees to ensure the safety of Washington's school children. In order to provide the safest educational environment for children, school districts must provide known information regarding employees' sexual misconduct when those employees attempt to transfer to different school districts." [ 2004 c 29 s 1.]

catchline: Information on past sexual misconduct—Requirement for applicants—Limitation on contracts and agreements—Employee right to review personnel file.


doc_type: statute

jurisdiction: wa

title: RCW 28A.400.302

text:
A school district employment application may not include a question asking whether the applicant has ever been placed on administrative leave.
[ 2019 c 295 s 311.]
Notes:
Effective date—Findings—Intent—2019 c 295: See notes following RCW 28A.310.235.
Findings—Intent—2019 c 295: See notes following RCW 28B.10.033.
Intent—2019 c 295: See note following RCW 28B.102.030.
Findings—Intent—2019 c 295: See note following RCW 28A.415.265.
Findings—Intent—2019 c 295: See note following RCW 28A.180.120.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Application question on administrative leave.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 28A.400.303

text:
(1)(a) School districts, educational service districts, the Washington center for deaf and hard of hearing youth, the state school for the blind, the office of the superintendent of public instruction, and their contractors shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation criminal justice information systems before hiring the following employees:
(i) Employees who will have regularly scheduled unsupervised access to children or persons with developmental disabilities; and
(ii) Employees who receive criminal history record information or personally identifiable information from the record check.
(b) A record check under this section must include a fingerprint check using a complete Washington state criminal identification fingerprint card.
(c) The requesting entity may provide a copy of the record report to the applicant at the applicant's request.
(d) When necessary, applicants for employment may be employed on a conditional basis pending completion of the record check.
(e) If the applicant for employment has had a record check within the previous two years, the district, the Washington center for deaf and hard of hearing youth, the state school for the blind, the office of the superintendent of public instruction, or contractor may waive the requirement.
(f) Except as provided in subsection (2) of this section, the school district, pursuant to chapter 41.59 or 41.56 RCW, the Washington center for deaf and hard of hearing youth, the state school for the blind, the office of the superintendent of public instruction, or contractor hiring the employee shall determine who shall pay costs associated with the record check.
(2) Federal bureau of Indian affairs-funded schools may use the process in subsection (1)(a) of this section to perform record checks for their employees and applicants for employment.
(3)(a) School districts, educational service districts, the Washington center for deaf and hard of hearing youth, the state school for the blind, federal bureau of Indian affairs-funded schools, charter schools established under chapter 28A.710 RCW, schools that are the subject of a state-tribal education compact under chapter 28A.715 RCW, and their contractors may use the process in subsection (1)(a) of this section to perform record checks for any prospective volunteer who will have regularly scheduled unsupervised access to children under eighteen years of age or persons with developmental disabilities, during the course of his or her involvement with the school or organization under circumstances where access will or may involve the following:
(i) Groups of five or fewer children under twelve years of age;
(ii) Groups of three or fewer children between twelve and eighteen years of age; or
(iii) Persons with developmental disabilities.
(b) For purposes of (a) of this subsection, "unsupervised" means not in the presence of:
(i) Another employee or volunteer from the same school or organization; or
(ii) Any relative or guardian of any of the children or persons with developmental disabilities to which the prospective employee or volunteer has access during the course of his or her involvement with the school or organization.
(4) Individuals who hold a valid portable background check clearance card issued by the department of children, youth, and families consistent with RCW 43.216.270 can meet the requirements in subsection (1) of this section by providing a true and accurate copy of their Washington state patrol and federal bureau of investigation background report results to the office of the superintendent of public instruction.
(5) The cost of record checks must include: The fees established by the Washington state patrol and the federal bureau of investigation for the criminal history background checks; a fee paid to the superintendent of public instruction for the cost of administering this section and RCW 28A.195.080 and 28A.410.010; and other applicable fees for obtaining the fingerprints.
[ 2020 c 22 s 1; 2019 c 266 s 20. Prior: 2017 3rd sp.s. c 33 s 1; 2017 3rd sp.s. c 6 s 220; 2014 c 50 s 1; 2009 c 381 s 29; 2007 c 35 s 1; 2001 c 296 s 3; 1992 c 159 s 2.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Intent—2001 c 296: See note following RCW 9.96A.060.
Findings—1992 c 159: "The legislature finds that additional safeguards are necessary to ensure the safety of Washington's school children. The legislature further finds that the results from state patrol record checks are more complete when fingerprints of individuals are provided, and that information from the federal bureau of investigation also is necessary to obtain information on out-of-state criminal records. The legislature further finds that confidentiality safeguards in state law are in place to ensure that the rights of applicants for certification or jobs and newly hired employees are protected." [ 1992 c 159 s 1.]
Criminal history record information—School volunteers: RCW 28A.320.155.

catchline: Record checks for employees and certain volunteers and contractors—Cost.


title: RCW 28A.400.305

text:
The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement RCW 28A.400.303. The rules shall include, but not be limited to the following:
(1) Written procedures providing a school district, approved private school, Washington center for deaf and hard of hearing youth, state school for the blind, federal bureau of Indian affairs-funded school employee, charter school established under chapter 28A.710 RCW, school that is the subject of a state-tribal education compact under chapter 28A.715 RCW, or applicant for certification or employment access to and review of information obtained based on the record check required under RCW 28A.400.303; and
(2) Written procedures limiting access to the superintendent of public instruction record check database to only those individuals processing record check information at the office of the superintendent of public instruction, the appropriate school district or districts, approved private schools, the Washington center for deaf and hard of hearing youth, the state school for the blind, the appropriate educational service district or districts, the appropriate federal bureau of Indian affairs-funded schools, the appropriate charter schools, and the appropriate state-tribal education compact schools.
[ 2019 c 266 s 21; 2017 3rd sp.s. c 33 s 2; 2010 c 100 s 1; 2009 c 381 s 30; 2007 c 35 s 2; 2001 c 296 s 4; 1996 c 126 s 5.]
Notes:
Findings—Intent—2009 c 381: See note following RCW 72.40.015.
Intent—2001 c 296: See note following RCW 9.96A.060.
Effective date—1996 c 126: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 21, 1996]." [ 1996 c 126 s 7.]

catchline: Record check information—Access—Rules.


title: RCW 28A.400.306

text:
The state patrol shall accept fingerprints obtained under this chapter only if it can ensure that the patrol will not retain a record of the fingerprints after the check is complete. It shall not forward fingerprints obtained under this chapter to the federal bureau of investigation unless it can ensure that the federal bureau of investigation will not retain a record of the fingerprints after the check is complete.
[ 1995 c 335 s 504; 1992 c 159 s 9.]
Notes:
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Findings—1992 c 159: See note following RCW 28A.400.303.

catchline: Fingerprints accepted by the state patrol—Fingerprints forwarded to the federal bureau of investigation—Conditions.


title: RCW 28A.400.309

text:
The K-12 criminal background check account is created in the custody of the state treasurer. All fees collected by the office of the superintendent of public instruction pursuant to RCW 28A.400.303 must be deposited in the account. Expenditures from the account may be made only for the purpose of administering the office of the superintendent of public instruction's duties under RCW 28A.400.303 and 28A.410.010. 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.
[ 2017 3rd sp.s. c 33 s 5.]

catchline: K-12 criminal background check account.


title: RCW 28A.400.310

text:
The provisions of chapter 49.60 RCW as now or hereafter amended shall be applicable to the employment of any certificated or classified employee by any school district organized in this state.
[ 1997 c 13 s 11; 1969 ex.s. c 223 s 28A.02.050. Prior: (i) 1937 c 52 s 1; RRS s 4693-1. Formerly RCW 28.02.050. (ii) 1937 c 52 s 2; RRS s 4693-2. Formerly RCW 28A.02.050, 28.02.051.]

catchline: Law against discrimination applicable to districts' employment practices.


title: RCW 28A.400.312

text:
(1) School district employees and directors may not take an adverse employment action against any employee of the school district for:
(a) Supporting students in the exercise of their legal rights, including their right to a learning environment with historically and scientifically accurate information that: Includes the histories, contributions, and perspectives of historically marginalized and underrepresented groups as provided in RCW 28A.345.130; and provides students with an appreciation for the contributions and perspectives of diverse, global cultures; or
(b) Performing work in a manner consistent with RCW 28A.642.080, 28A.642.020, 28A.605.005, 28A.320.209, and 28A.230.005 and section 201, chapter 369, Laws of 2025.
(2) In addition to the prohibitions established in subsection (1) of this section, school district employees and directors may not take an adverse employment action against a teacher of the school district for:
(a) Instructing students in a manner consistent with state learning standards; or
(b) Using instructional materials approved in accordance with RCW 28A.320.230 that are culturally and experientially representative, including materials on the study of the role and contributions of individuals or groups that are part of a protected class under RCW 28A.642.010 and 28A.640.010.
(3) For the purposes of this section, an "adverse employment action" includes termination, demotion, suspension, discipline, denial of promotion, reassignment, negatively impacting the evaluation of certificated staff under RCW 28A.405.100, removal from, or denying access to, a supplemental contract, or otherwise taking any negative employment action against the employee.
(4) This section governs school operation and management under RCW 28A.710.040 and 28A.715.020, and applies to charter schools established under chapter 28A.710 RCW and state-tribal education compact schools subject to chapter 28A.715 RCW to the same extent as it applies to school districts.
[ 2025 c 369 s 401.]
Notes:
Effective date—2025 c 369: See note following RCW 28A.320.209.

catchline: Antiretaliation protections.


title: RCW 28A.400.315

text:
Employment contracts entered into between an employer and a superintendent, or administrator as defined in RCW 28A.405.230, under RCW 28A.400.010, 28A.400.300, or 28A.405.210:
(1) Shall end no later than June 30th of the calendar year that the contract expires except that , a contract entered into after June 30th of a given year may expire during that same calendar year; and
(2) Shall not be revised or entered into retroactively.
[ 1990 c 8 s 6.]
Notes:
Findings—1990 c 8: See note following RCW 41.50.065.

catchline: Employment contracts.


title: RCW 28A.400.317

text:
(1) A certificated or classified school employee or school contractor who has knowledge or reasonable cause to believe that a student has been a victim, target, or recipient of physical or sexual abuse, sexual misconduct, or assault by another school employee or contractor, shall report such abuse, misconduct, or assault to the appropriate school administrator. The school administrator shall cause a report to be made to the proper law enforcement agency if he or she has reasonable cause to believe that the sexual misconduct, physical or sexual abuse, or assault has occurred as required under RCW 26.44.030. During the process of making a reasonable cause determination, the school administrator shall contact all parties involved in the complaint and immediately notify parents and legal guardians as required by RCW 28A.320.160.
(2) Certificated and classified school employees shall receive training regarding their reporting obligations under state law in their orientation training when hired and then every three years thereafter. The training required under this subsection may be incorporated within existing training programs and related resources.
(3) Nothing in this section changes any of the duties established under RCW 26.44.030.
[ 2025 c 369 s 602; 2013 c 10 s 4; 2004 c 135 s 1.]
Notes:
Effective date—2025 c 369: See note following RCW 28A.320.209.
Finding—2013 c 10: See note following RCW 28A.410.035.

catchline: Physical or sexual abuse, sexual misconduct, or assault by school employee or contractor—Duty to report—Training.


title: RCW 28A.400.320

text:
(1) The school district board of directors shall immediately terminate the employment of any classified employee who has contact with children during the course of his or her employment upon a guilty plea or conviction of any felony crime specified under RCW 28A.400.322.
(2) The employee shall have a right of appeal under chapter 28A.645 RCW including any right of appeal under a collective bargaining agreement. A school district board of directors is entitled to recover from the employee any salary or other compensation that may have been paid to the employee for the period between such time as the employee was placed on administrative leave, based upon criminal charges that the employee committed a felony crime specified under RCW 28A.400.322, and the time termination becomes final.
[ 2009 c 396 s 2; 1990 c 33 s 383; 1989 c 320 s 3. Formerly RCW 28A.58.1001.]
Notes:
Severability—1989 c 320: See note following RCW 28A.410.090.
Notification of conviction or guilty plea of certain felony crimes: RCW 43.43.845.

catchline: Crimes against children—Mandatory termination of classified employees—Appeal—Recovery of salary or compensation by district.


title: RCW 28A.400.322

text:
(1) RCW 28A.400.320, 28A.400.330, 28A.405.470, * 28A.410.090(3), 28A.410.110, 9.96A.020, and 43.43.845 apply upon a guilty plea or conviction occurring after July 23, 1989, and before July 26, 2009, for any of the following felony crimes:
(a) Any felony crime involving the physical neglect of a child under chapter 9A.42 RCW;
(b) The physical injury or death of a child under chapter 9A.32 or 9A.36 RCW, except motor vehicle violations under chapter 46.61 RCW;
(c) Sexual exploitation of a child under chapter 9.68A RCW;
(d) Sexual offenses under chapter 9A.44 RCW where a minor is the victim;
(e) Promoting prostitution of a minor under chapter 9A.88 RCW;
(f) The sale or purchase of a minor child under RCW 9A.64.030;
(g) Violation of laws of another jurisdiction that are similar to those specified in (a) through (f) of this subsection.
(2) RCW 28A.400.320, 28A.400.330, 28A.405.470, * 28A.410.090(3), 28A.410.110, 9.96A.020, and 43.43.845 apply upon a guilty plea or conviction occurring on or after July 26, 2009, for any of the following felony crimes or attempts, conspiracies, or solicitations to commit any of the following felony crimes:
(a) A felony violation of RCW 9A.88.010, indecent exposure;
(b) A felony violation of chapter 9A.42 RCW involving physical neglect;
(c) A felony violation of chapter 9A.32 RCW;
(d) A violation of RCW 9A.36.011, assault 1; 9A.36.021, assault 2; 9A.36.120, assault of a child 1; 9A.36.130, assault of a child 2; or any other felony violation of chapter 9A.36 RCW involving physical injury except assault 3 where the victim is eighteen years of age or older;
(e) A sex offense as defined in RCW 9.94A.030;
(f) A violation of RCW 9A.40.020, kidnapping 1; or 9A.40.030, kidnapping 2;
(g) A violation of RCW 9A.64.030, child selling or child buying;
(h) A violation of RCW 9A.88.070, promoting prostitution 1;
(i) A violation of RCW 9A.56.200, robbery 1; or
(j) A violation of laws of another jurisdiction that are similar to those specified in (a) through (i) of this subsection.
[ 2009 c 396 s 1.]
Notes:
*Reviser's note: RCW 28A.410.090 was amended by 2013 c 163 s 1, changing subsection (3) to subsection (4).

catchline: Crimes against children—Crimes specified.


title: RCW 28A.400.330

text:
The school district board of directors shall include in any contract for services with an entity or individual other than an employee of the school district a provision requiring the contractor to prohibit any employee of the contractor from working at a public school who has contact with children at a public school during the course of his or her employment and who has pled guilty to or been convicted of any felony crime specified under RCW 28A.400.322. The contract shall also contain a provision that any failure to comply with this section shall be grounds for the school district immediately terminating the contract.
[ 2009 c 396 s 3; 1989 c 320 s 4. Formerly RCW 28A.58.1002.]
Notes:
Severability—1989 c 320: See note following RCW 28A.410.090.

catchline: Crimes against children—Contractor employees—Termination of contract.


title: RCW 28A.400.332

text:
(1) No school district employee may employ or use any person, money, or property under the employee's official control or direction, in his or her official custody, without authorization, for the private benefit or gain of the employee or another.
(2) This section does not prohibit the use of public resources to benefit others as part of the employee's official duties.
(3) Each school district board of directors may adopt policies providing exceptions to this section for occasional use of the employee, of de minimis cost and value, if the activity does not result in interference with the proper performance of public duties.
(4) The office of the superintendent of public instruction shall adopt disciplinary guidelines for violations of this section.
[ 2009 c 224 s 1.]

catchline: Use of persons, money, or property for private gain.


title: RCW 28A.400.340

text:
Any notice of discharge given to a classified or certificated employee, if that employee has a right to appeal the discharge, shall contain notice of that right, notice that a description of the appeal process is available, and how the description of the appeal process may be obtained.
[ 1991 c 102 s 1.]

catchline: Notice of discharge to contain notice of right to appeal if available.


title: RCW 28A.400.345

text:
(1) Prior to assigning safety and security staff to work on school property when students are expected to be present, school districts and their contractors must either:
(a) Confirm that the safety and security staff have training series documentation provided under RCW 28A.310.515; or
(b) Require the safety and security staff to complete the training series described in subsection (2) of this section.
(2)(a) The training series, two components for school resource officers and three components for other safety and security staff, must meet the requirements in this subsection.
(b) All safety and security staff must complete classroom training on the subjects listed in RCW 28A.310.515(2), within the first six months of working on school property when students are expected to be present.
(c) All safety and security staff must complete two days of on-the-job training with experienced safety and security staff, at the school of the experienced staff, within the first year of working on school property when students are expected to be present.
(d) Safety and security staff who are not school resource officers must complete at least six check-in trainings with experienced staff within the first year of working on school property when students are expected to be present.
(3) School safety and security staff who complete the training series described in subsection (2) of this section, and staff with significant prior training and experience, may request training series documentation from an educational service district under RCW 28A.310.515.
(4) Nothing in this section effects the categorization of safety and security staff as classified staff. Safety and security staff are not considered certificated instructional staff as that term and its meaning are used in this title.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Safety and security staff" or "staff" has the same meaning as in RCW 28A.320.124.
(b) "School resource officer" has the same meaning as in RCW 28A.320.124.
[ 2021 c 38 s 3.]
Notes:
Findings—Intent—2021 c 38: "(1) The legislature acknowledges the disproportionate impact that interactions with police have on youth of color and on black youth in particular. Not only are black youth more likely than their white peers to have contact with police at a young age despite similar or lower rates of illegal behavior, but early police contact for black youth is predictive of future arrests in a way that is not true for white youth.
(2) The legislature finds that schools should be a place in which all youth feel safe and it is imperative that school resource officers, school security officers, and other school safety and security staff do not contribute to an unsafe environment for black youth and youth of color.
(3) The legislature recognizes that chapter 333, Laws of 2019 made significant improvements to the quality and transparency of school districts' school resource officer programs by implementing training and intergovernmental agreement requirements. However, the legislature intends to expand these requirements to other school safety and security staff. The legislature also expects to require on-the-job training. In addition, the legislature finds that in order to understand the full scope and impact of safety and security staff on school property, additional information must be collected and made publicly available." [ 2021 c 38 s 1.]

catchline: School safety and security staff—Required training.


title: RCW 28A.400.350

text:
(1) The board of directors of any of the state's school districts or educational service districts may make available medical, dental, vision, liability, life, accident, disability, and salary protection or insurance, direct agreements as defined in chapter 48.150 RCW, or any one of, or a combination of the types of employee benefits enumerated in this subsection, or any other type of insurance or protection, for the members of the boards of directors, the students, and employees of the school district or educational service district, and their dependents. Except as provided in subsection (6) of this section, such coverage may be provided by contracts or agreements with private carriers, with the state health care authority, or through self-insurance or self-funding pursuant to chapter 48.62 RCW, or in any other manner authorized by law. Any direct agreement must comply with RCW 48.150.050.
(2)(a) Whenever funds are available for these purposes the board of directors of the school district or educational service district may contribute all or a part of the cost of such protection or insurance for the employees of their respective school districts or educational service districts and their dependents. The premiums on such liability insurance shall be borne by the school district or educational service district.
(b) After October 1, 1990, school districts may not contribute to any employee protection or insurance other than liability insurance unless the district's employee benefit plan conforms to RCW 28A.400.275 and 28A.400.280.
(c) After December 31, 2019, school district contributions to any employee insurance that is purchased through the health care authority must conform to the requirements established by chapter 41.05 RCW and the school employees' benefits board.
(3) For school board members, educational service district board members, and students, the premiums due on such protection or insurance shall be borne by the assenting school board member, educational service district board member, or student. The school district or educational service district may contribute all or part of the costs, including the premiums, of life, health, health care, accident or disability insurance which shall be offered to all students participating in interschool activities on the behalf of or as representative of their school, school district, or educational service district. The school district board of directors and the educational service district board may require any student participating in extracurricular interschool activities to, as a condition of participation, document evidence of insurance or purchase insurance that will provide adequate coverage, as determined by the school district board of directors or the educational service district board, for medical expenses incurred as a result of injury sustained while participating in the extracurricular activity. In establishing such a requirement, the district shall adopt regulations for waiving or reducing the premiums of such coverage as may be offered through the school district or educational service district to students participating in extracurricular activities, for those students whose families, by reason of their low income, would have difficulty paying the entire amount of such insurance premiums. The district board shall adopt regulations for waiving or reducing the insurance coverage requirements for low-income students in order to assure such students are not prohibited from participating in extracurricular interschool activities.
(4) All contracts or agreements for insurance or protection written to take advantage of the provisions of this section shall provide that the beneficiaries of such contracts may utilize on an equal participation basis the services of those practitioners licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and 18.71 RCW.
(5)(a) Until the creation of the school employees' benefits board under RCW 41.05.740, school districts offering medical, vision, and dental benefits shall:
(i) Offer a high deductible health plan option with a health savings account that conforms to section 223, part VII of subchapter 1 of the internal revenue code of 1986. School districts shall comply with all applicable federal standards related to the establishment of health savings accounts;
(ii) Make progress toward employee premiums that are established to ensure that full family coverage premiums are not more than three times the premiums for employees purchasing single coverage for the same coverage plan, unless a subsequent premium differential target is defined as a result of the review and subsequent actions described in *RCW 41.05.655;
(iii) Offer employees at least one health benefit plan that is not a high deductible health plan offered in conjunction with a health savings account in which the employee share of the premium cost for a full-time employee, regardless of whether the employee chooses employee-only coverage or coverage that includes dependents, does not exceed the share of premium cost paid by state employees during the state employee benefits year that started immediately prior to the school year.
(b) All contracts or agreements for employee benefits must be held to responsible contracting standards, meaning a fair, prudent, and accountable competitive procedure for procuring services that includes an open competitive process, except where an open process would compromise cost-effective purchasing, with documentation justifying the approach.
(c) School districts offering medical, vision, and dental benefits shall also make progress on promoting health care innovations and cost savings and significantly reduce administrative costs.
(d) All contracts or agreements for insurance or protection described in this section shall be in compliance with chapter 3, Laws of 2012 2nd sp. sess.
(6) The authority to make available basic and optional benefits to school employees under this section expires December 31, 2019, except (a) for nonrepresented employees of educational service districts for which the authority expires December 31, 2023, and (b) as authorized under RCW 28A.400.280. Beginning January 1, 2020, school districts, for all school employees, and educational service districts, for represented employees, shall make available basic and optional benefits through plans offered by the health care authority and the school employees' benefits board. Beginning January 1, 2024, educational service districts, for nonrepresented employees, shall make available basic and optional benefits through plans offered by the health care authority and the school employees' benefits board.
[ 2020 c 231 s 2; 2019 c 411 s 6; 2018 c 260 s 23; 2017 3rd sp.s. c 13 s 816; 2012 2nd sp.s. c 3 s 3; 2011 c 269 s 2; 2001 c 266 s 2. Prior: 1995 1st sp.s. c 6 s 18; 1995 c 126 s 1; 1993 c 492 s 226; prior: 1990 1st ex.s. c 11 s 3; 1990 c 74 s 1; 1988 c 107 s 16; 1985 c 277 s 8; 1977 ex.s. c 255 s 1; 1973 1st ex.s. c 9 s 1; 1971 ex.s. c 269 s 2; 1971 c 8 s 3; 1969 ex.s. c 237 s 3; 1969 ex.s. c 223 s 28A.58.420; prior: 1967 c 135 s 2, part; 1959 c 187 s 1, part. Formerly RCW 28A.58.420, 28.76.410, part.]
Notes:
*Reviser's note: RCW 41.05.655 was repealed by 2017 3rd sp.s. c 25 s 23.
Effective date—2018 c 260 ss 14, 22, 23, 31, and 32: See note following RCW 41.05.075.
Intent—2017 3rd sp.s. c 13: See note following RCW 28A.150.410.
Collective bargaining agreements not impaired—2017 3rd sp.s. c 13: See note following RCW 41.56.139.
Findings—Goals—Intent—2012 2nd sp.s. c 3: See note following RCW 28A.400.275.
Effective date—1995 1st sp.s. c 6: See note following RCW 28A.400.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
Implementation—Effective dates—1988 c 107: See RCW 41.05.901.
Retrospective application—1985 c 277: See note following RCW 48.01.050.
Severability—1971 ex.s. c 269: "If any provision of this 1971 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1971 ex.s. c 269 s 4.]
Hospitalization and medical insurance authorized: RCW 41.04.180.
Operation of student transportation program responsibility of local district—Scope—Transporting of elderly—Insurance: RCW 28A.160.010.
Retirement allowance deductions for health care benefit plans: RCW 41.04.235.

catchline: Medical, dental, vision, liability, life, accident, disability, and salary insurance authorized—Expiration of authority for basic and optional benefits—Health savings accounts—Premiums—Noncompliance.


title: RCW 28A.400.360

text:
The board of directors of each school district may purchase liability insurance with such limits as they may deem reasonable for the purpose of protecting their officials and employees against liability for personal or bodily injuries and property damage arising from their acts or omissions while performing or in good faith purporting to perform their official duties.
[ 1973 c 125 s 1. Formerly RCW 28A.58.423.]

catchline: Liability insurance for officials and employees authorized.


title: RCW 28A.400.370

text:
Notwithstanding any other provision of law, after August 9, 1971 boards of directors of all school districts shall provide their employees with insurance protection covering those employees while engaged in the maintenance of order and discipline and the protection of school personnel and students and the property thereof when that is deemed necessary by such employees. Such insurance protection must include as a minimum, liability insurance covering injury to persons and property, and insurance protecting those employees from loss or damage of their personal property incurred while so engaged.
[ 1971 ex.s. c 269 s 1. Formerly RCW 28A.58.425.]
Notes:
Severability—1971 ex.s. c 269: See note following RCW 28A.400.350.

catchline: Mandatory insurance protection for employees.


title: RCW 28A.400.380

text:
Every school district board of directors and educational service district superintendent may, in accordance with RCW 41.04.650 through 41.04.665, establish and administer a leave sharing program for their certificated and classified employees. For employees of school districts and educational service districts, the superintendent of public instruction shall adopt standards: (1) Establishing appropriate parameters for the program which are consistent with the provisions of RCW 41.04.650 through 41.04.665; and (2) establishing procedures to ensure that the program does not significantly increase the cost of providing leave.
[ 1997 c 13 s 12; 1990 c 23 s 4; 1989 c 93 s 6. Formerly RCW 28A.58.0991.]
Notes:
Severability—1989 c 93: See note following RCW 41.04.650.

catchline: Leave sharing program.


title: RCW 28A.400.391

text:
(1) Every group disability insurance policy, health care service contract, health maintenance agreement, and health and welfare benefit plan obtained or created to provide benefits to employees of school districts and their dependents shall contain provisions that permit retired and disabled employees to continue medical, dental, or vision coverage under the group policy, contract, agreement, or plan until September 30, 1993, or until the employee becomes eligible for federal medicare coverage, whichever occurs first. The terms and conditions for election and maintenance of such continued coverage shall conform to the standards established under the federal consolidated omnibus budget reconciliation act of 1985, as amended. The period of continued coverage provided under this section shall run concurrently with any period of coverage guaranteed under the federal consolidated omnibus budget reconciliation act of 1985, as amended.
(2) This section applies to:
(a) School district employees who retired or lost insurance coverage due to disability after July 28, 1991;
(b) School district employees who retired or lost insurance coverage due to disability within the eighteen-month period ending on July 28, 1991; and
(c) School district employees who retired or lost insurance coverage due to disability prior to January 28, 1990, and who were covered by their employing district's insurance plan on January 1, 1991.
(3) For the purposes of this section "retired employee" means an employee who separates from district service and is eligible at the time of separation from service to receive, immediately following separation from service, a retirement allowance under chapter 41.32 or 41.40 RCW.
(4) The superintendent of public instruction shall adopt administrative rules to implement this section.
[ 1993 c 386 s 2; 1992 c 152 s 1.]
Notes:
Intent—1993 c 386: "It is the legislature's intent to increase access to health insurance for retired and disabled school employees and also to improve equity between state employees and school employees by providing for the reduction of health insurance premiums charged to retired school employees through a subsidy charged against health insurance allocations for active employees. It is further the legislature's intent to improve the cost-effectiveness of state purchased health care by managing programs for public employees, in this case retired school employees, through the state health care authority." [ 1993 c 386 s 1.]
Effective date—1993 c 386 ss 1, 2, 4-6, 8-10, and 12-16: "Sections 1, 2, 4 through 6, 8 through 10, and 12 through 16 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 15, 1993]." [ 1993 c 386 s 18.]

catchline: Insurance for retired and disabled employees—Application—Rules.


title: RCW 28A.400.395

text:
A group disability insurance policy, health care service contract, health maintenance agreement, or health and welfare benefit plan that provides benefits to retired school district employees and eligible dependents shall not require the beneficiary to make payment by monthly deduction from the beneficiary's state retirement allowance if the payment exceeds the retirement allowance. In such cases, the payment may be made directly by the individual beneficiary.
[ 1992 c 152 s 3.]

catchline: Insurance for retired employees and their dependents—Method of payment of premium.


title: RCW 28A.400.410

text:
(1) In a manner prescribed by the state health care authority, school districts and educational service districts shall remit to the health care authority for deposit in the public employees' and retirees' insurance account established in RCW 41.05.120 the amount specified for remittance in the omnibus appropriations act.
(2) The remittance requirements specified in this section shall not apply to employees of a school district or educational service district who receive insurance benefits through contracts with the health care authority.
[ 1995 1st sp.s. c 6 s 1.]
Notes:
Effective date—1995 1st sp.s. c 6: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995." [ 1995 1st sp.s. c 6 s 23.]

catchline: Payment to the public employees' and retirees' insurance account.


title: RCW 28A.405.005

text:
Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
[ 2011 c 45 s 31.]
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.405.030

text:
It shall be the duty of all teachers to endeavor to impress on the minds of their pupils the principles of morality, truth, justice, temperance, humanity and patriotism; to teach them to avoid idleness, profanity and falsehood; to instruct them in the principles of free government, and to train them up to the true comprehension of the rights, duty and dignity of American citizenship.
[ 1969 ex.s. c 223 s 28A.67.110. Prior: 1909 c 97 p 308 s 8; RRS s 4855; prior: 1897 c 118 s 58; 1890 p 371 s 42; 1886 p 19 s 50; Code 1881 s 3203. Formerly RCW 28A.67.110, 28.67.110.]

catchline: Must teach morality and patriotism.


title: RCW 28A.405.040

text:
(1) No person, whose certificate or permit authorizing him or her to teach in the common schools of this state has been revoked due to his or her failure to endeavor to impress on the minds of his or her pupils the principles of patriotism, or to train them up to the true comprehension of the rights, duty and dignity of American citizenship, shall be permitted to teach in any common school in this state.
(2) Any person teaching in any school in violation of this section, and any school director knowingly permitting any person to teach in any school in violation of this section is guilty of a misdemeanor.
[ 2003 c 53 s 167; 1990 c 33 s 384; 1969 ex.s. c 223 s 28A.67.030. Prior: 1919 c 38 s 2; RRS s 4846. Formerly RCW 28A.67.030, 28.67.030.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Disqualification for failure to emphasize patriotism—Penalty.


title: RCW 28A.405.060

text:
Certificated employees shall faithfully enforce in the common schools the course of study and regulations prescribed, whether regulations of the district, the superintendent of public instruction, or the state board of education, and shall furnish promptly all information relating to the common schools which may be requested by the educational service district superintendent.
Any certificated employee who wilfully refuses or neglects to enforce the course of study or the rules and regulations as above in this section required, shall not be allowed by the directors any warrant for salary due until said person shall have complied with said requirements.
[ 1975 1st ex.s. c 275 s 132; 1971 c 48 s 49; 1969 ex.s. c 223 s 28A.67.060. Prior: (i) 1909 c 97 p 307 s 4; RRS s 4850; prior: 1899 c 142 s 11; 1897 c 118 s 54; 1886 p 18 s 47. Formerly RCW 28.67.060. (ii) 1909 c 97 p 360 s 8; RRS s 5051; prior: 1903 c 156 s 8; 1897 c 118 s 166. Formerly RCW 28A.67.060, 28.87.150.]

catchline: Course of study and regulations—Enforcement—Withholding salary warrant for failure.


title: RCW 28A.405.070

text:
Effective December 31, 1995, school and educational service districts shall have a policy on the sharing of jobs by district employees.
[ 1995 c 335 s 701; 1989 c 206 s 1. Formerly RCW 28A.58.580.]
Notes:
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.

catchline: Job sharing.


title: RCW 28A.405.100

text:
(1)(a) Except as provided in subsection (2) of this section, the superintendent of public instruction shall establish and may amend from time to time minimum criteria for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel. For classroom teachers the criteria shall be developed in the following categories: Instructional skill; classroom management, professional preparation and scholarship; effort toward improvement when needed; the handling of student discipline and attendant problems; and interest in teaching pupils and knowledge of subject matter.
(b) Every board of directors shall, in accordance with procedure provided in RCW 41.59.010 through 41.59.170, 41.59.910, and 41.59.920, establish evaluative criteria and procedures for all certificated classroom teachers and certificated support personnel. The evaluative criteria must contain as a minimum the criteria established by the superintendent of public instruction pursuant to this section and must be prepared within six months following adoption of the superintendent of public instruction's minimum criteria. The district must certify to the superintendent of public instruction that evaluative criteria have been so prepared by the district.
(2)(a) Every board of directors shall, in accordance with procedures provided in RCW 41.59.010 through 41.59.170, 41.59.910, and 41.59.920, establish evaluative criteria and a four-level rating system for all certificated classroom teachers.
(b) The minimum criteria shall include: (i) Centering instruction on high expectations for student achievement; (ii) demonstrating effective teaching practices; (iii) recognizing individual student learning needs and developing strategies to address those needs; (iv) providing clear and intentional focus on subject matter content and curriculum; (v) fostering and managing a safe, positive learning environment; (vi) using multiple student data elements to modify instruction and improve student learning; (vii) communicating and collaborating with parents and the school community; and (viii) exhibiting collaborative and collegial practices focused on improving instructional practice and student learning. Student growth data must be a substantial factor in evaluating the performance of certificated classroom teachers for at least three of the evaluation criteria listed in this subsection.
(c) The four-level rating system used to evaluate the certificated classroom teacher must describe performance along a continuum that indicates the extent to which the criteria have been met or exceeded. The performance ratings shall be as follows: Level 1 - unsatisfactory; level 2 - basic; level 3 - proficient; and level 4 - distinguished. A classroom teacher shall receive one of the four performance ratings for each of the minimum criteria in (b) of this subsection and one of the four performance ratings for the evaluation as a whole, which shall be the comprehensive performance rating. The superintendent of public instruction must adopt rules prescribing a common method for calculating the comprehensive performance rating for each of the preferred instructional frameworks, including for a focused performance evaluation under subsection (12) of this section, giving appropriate weight to the indicators evaluated under each criteria and maximizing rater agreement among the frameworks.
(d) The superintendent of public instruction shall adopt rules that provide descriptors for each of the performance ratings with updates to the rules made following consultation with the steering committee described in subsection (7)(a)(i) of this section.
(e) The superintendent of public instruction shall identify up to three preferred instructional frameworks that support the four-level rating evaluation system. The instructional frameworks shall be research-based and establish definitions or rubrics for each of the four performance ratings for each evaluation criteria. Each school district must adopt one of the preferred instructional frameworks and post the selection on the district's website. The superintendent of public instruction shall establish a process for approving minor modifications or adaptations to a preferred instructional framework that may be proposed by a school district.
(f) Student growth data that is relevant to the teacher and subject matter must be a factor in the evaluation process and must be based on multiple measures that can include classroom-based, school-based, district-based, and state-based tools. Student growth data elements may include the teacher's performance as a member of a grade-level, subject matter, or other instructional team within a school when the use of this data is relevant and appropriate. Student growth data elements may also include the teacher's performance as a member of the overall instructional team of a school when use of this data is relevant and appropriate. As used in this subsection, "student growth" means the change in student achievement between two points in time.
(g) Student input may also be included in the evaluation process.
(3)(a) Except as provided in subsection (11) of this section, it shall be the responsibility of a principal or his or her designee to evaluate all certificated personnel in his or her school. During each school year all classroom teachers and certificated support personnel shall be observed for the purposes of evaluation at least twice in the performance of their assigned duties. Total observation time for each employee for each school year shall be not less than sixty minutes. An employee in the third year of provisional status as defined in RCW 28A.405.220 shall be observed at least three times in the performance of his or her duties and the total observation time for the school year shall not be less than ninety minutes. Following each observation, or series of observations, the principal or other evaluator shall promptly document the results of the observation in writing, and shall provide the employee with a copy thereof within three days after such report is prepared. New employees shall be observed at least once for a total observation time of thirty minutes during the first ninety calendar days of their employment period.
(b) As used in this subsection and subsection (4) of this section, "employees" means classroom teachers and certificated support personnel except where otherwise specified.
(4)(a) At any time after October 15th, an employee whose work is not judged satisfactory based on district evaluation criteria shall be notified in writing of the specific areas of deficiencies along with a reasonable program for improvement. For classroom teachers who are required to be on the four-level rating evaluation system, the following comprehensive performance ratings based on the evaluation criteria in subsection (2)(b) of this section mean a classroom teacher's work is not judged satisfactory:
(i) Level 1; or
(ii) Level 2 if the classroom teacher is a continuing contract employee under RCW 28A.405.210 with more than five years of teaching experience and if the level 2 comprehensive performance rating has been received for two consecutive years or for two years within a consecutive three-year time period.
(b) During the period of probation, the employee may not be transferred from the supervision of the original evaluator. Improvement of performance or probable cause for nonrenewal must occur and be documented by the original evaluator before any consideration of a request for transfer or reassignment as contemplated by either the individual or the school district. A probationary period of sixty school days shall be established. Days may be added if deemed necessary to complete a program for improvement and evaluate the probationer's performance, as long as the probationary period is concluded before May 15th of the same school year. The probationary period may be extended into the following school year if the probationer has five or more years of teaching experience and has a comprehensive performance rating as of May 15th of less than level 2. The establishment of a probationary period does not adversely affect the contract status of an employee within the meaning of RCW 28A.405.300. The purpose of the probationary period is to give the employee opportunity to demonstrate improvements in his or her areas of deficiency. The establishment of the probationary period and the giving of the notice to the employee of deficiency shall be by the school district superintendent and need not be submitted to the board of directors for approval. During the probationary period the evaluator shall meet with the employee at least twice monthly to supervise and make a written evaluation of the progress, if any, made by the employee. The evaluator may authorize one additional certificated employee to evaluate the probationer and to aid the employee in improving his or her areas of deficiency. Should the evaluator not authorize such additional evaluator, the probationer may request that an additional certificated employee evaluator become part of the probationary process and this request must be implemented by including an additional experienced evaluator assigned by the educational service district in which the school district is located and selected from a list of evaluation specialists compiled by the educational service district. Such additional certificated employee shall be immune from any civil liability that might otherwise be incurred or imposed with regard to the good faith performance of such evaluation. If a procedural error occurs in the implementation of a program for improvement, the error does not invalidate the probationer's plan for improvement or evaluation activities unless the error materially affects the effectiveness of the plan or the ability to evaluate the probationer's performance. The probationer must be removed from probation if he or she has demonstrated improvement to the satisfaction of the evaluator in those areas specifically detailed in his or her initial notice of deficiency and subsequently detailed in his or her program for improvement. A classroom teacher who is required to be on the four-level rating evaluation system must be removed from probation if he or she has demonstrated improvement that results in a new comprehensive performance rating of level 2 or above for a provisional employee or a continuing contract employee with five or fewer years of experience, or of level 3 or above for a continuing contract employee with more than five years of experience. Lack of necessary improvement during the established probationary period, as specifically documented in writing with notification to the probationer constitutes grounds for a finding of probable cause under RCW 28A.405.300 or 28A.405.210.
(c) When a continuing contract employee with five or more years of experience receives a comprehensive performance rating below level 2 for two consecutive years, the school district shall, within ten days of the completion of the second comprehensive performance evaluation or May 15th, whichever occurs first, implement the employee notification of discharge as provided in RCW 28A.405.300.
(d) Immediately following the completion of a probationary period that does not produce performance changes detailed in the initial notice of deficiencies and program for improvement, the employee may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year. In the case of a classroom teacher who is required to be on the four-level rating evaluation system, the teacher may be removed from his or her assignment and placed into an alternative assignment for the remainder of the school year immediately following the completion of a probationary period that does not result in the required comprehensive performance ratings specified in (b) of this subsection. This reassignment may not displace another employee nor may it adversely affect the probationary employee's compensation or benefits for the remainder of the employee's contract year. If such reassignment is not possible, the district may, at its option, place the employee on paid leave for the balance of the contract term.
(5) Every board of directors shall establish evaluative criteria and procedures for all superintendents, principals, and other administrators. It shall be the responsibility of the district superintendent or his or her designee to evaluate all administrators. Except as provided in subsection (6) of this section, such evaluation shall be based on the administrative position job description. Such criteria, when applicable, shall include at least the following categories: Knowledge of, experience in, and training in recognizing good professional performance, capabilities and development; school administration and management; school finance; professional preparation and scholarship; effort toward improvement when needed; interest in pupils, employees, patrons and subjects taught in school; leadership; and ability and performance of evaluation of school personnel.
(6)(a) Every board of directors shall establish evaluative criteria and a four-level rating system for principals.
(b) The minimum criteria shall include: (i) Creating a school culture that promotes the ongoing improvement of learning and teaching for students and staff; (ii) demonstrating commitment to closing the achievement gap; (iii) providing for school safety; (iv) leading the development, implementation, and evaluation of a data-driven plan for increasing student achievement, including the use of multiple student data elements; (v) assisting instructional staff with alignment of curriculum, instruction, and assessment with state and local district learning goals; (vi) monitoring, assisting, and evaluating effective instruction and assessment practices; (vii) managing both staff and fiscal resources to support student achievement and legal responsibilities; and (viii) partnering with the school community to promote student learning. Student growth data must be a substantial factor in evaluating the performance of the principal for at least three of the evaluation criteria listed in this subsection.
(c) The four-level rating system used to evaluate the principal must describe performance along a continuum that indicates the extent to which the criteria have been met or exceeded. The performance ratings shall be as follows: Level 1 - unsatisfactory; level 2 - basic; level 3 - proficient; and level 4 - distinguished. A principal shall receive one of the four performance ratings for each of the minimum criteria in (b) of this subsection and one of the four performance ratings for the evaluation as a whole, which shall be the comprehensive performance rating.
(d) The superintendent of public instruction shall adopt rules that provide descriptors for each of the performance ratings, with updates to the rules made following consultation with the steering committee described in subsection (7)(a)(i) of this section.
(e) The superintendent of public instruction shall identify up to three preferred leadership frameworks that support the four-level rating evaluation system. The leadership frameworks shall be research-based and establish definitions or rubrics for each of the four performance ratings for each evaluation criteria. Each school district shall adopt one of the preferred leadership frameworks and post the selection on the district's website. The superintendent of public instruction shall establish a process for approving minor modifications or adaptations to a preferred leadership framework that may be proposed by a school district.
(f) Student growth data that is relevant to the principal must be a factor in the evaluation process and must be based on multiple measures that can include classroom-based, school-based, district-based, and state-based tools. As used in this subsection, "student growth" means the change in student achievement between two points in time.
(g) Input from building staff may also be included in the evaluation process.
(h) The following comprehensive performance ratings mean a principal's work is not judged satisfactory:
(i) Level 1; or
(ii) Level 2 if the principal has more than five years of experience in the principal role and if the level 2 comprehensive performance rating has been received for two consecutive years or for two years within a consecutive three-year time period.
(7)(a)(i) The steering committee is composed of the following participants: State associations representing teachers, principals, administrators, school board members, and parents.
(ii) The superintendent of public instruction, in collaboration with the steering committee, shall periodically examine implementation issues and refine tools for the teacher and principal four-level rating evaluation systems, including professional learning that addresses issues of equity through the lens of the selected instructional and leadership frameworks.
(b) The superintendent of public instruction shall monitor the statewide implementation of teacher and principal four-level rating evaluation systems using data reported under RCW 28A.150.230 as well as periodic input from focus groups of administrators, principals, and teachers.
(8)(a) Beginning with the 2015-16 school year, evaluation results for certificated classroom teachers and principals must be used as one of multiple factors in making human resource and personnel decisions. Human resource decisions include, but are not limited to: Staff assignment, including the consideration of an agreement to an assignment by an appropriate teacher, principal, and superintendent; and reduction in force. Nothing in this section limits the ability to collectively bargain how the multiple factors shall be used in making human resource or personnel decisions, with the exception that evaluation results must be a factor.
(b) The office of the superintendent of public instruction must, in accordance with RCW 43.01.036, report to the legislature and the governor regarding the school district implementation of the provisions of (a) of this subsection by December 1, 2019, and December 1, 2020.
(9) Each certificated classroom teacher and certificated support personnel shall have the opportunity for confidential conferences with his or her immediate supervisor on no less than two occasions in each school year. Such confidential conference shall have as its sole purpose the aiding of the administrator in his or her assessment of the employee's professional performance.
(10) The failure of any evaluator to evaluate or supervise or cause the evaluation or supervision of certificated classroom teachers and certificated support personnel or administrators in accordance with this section, as now or hereafter amended, when it is his or her specific assigned or delegated responsibility to do so, shall be sufficient cause for the nonrenewal of any such evaluator's contract under RCW 28A.405.210, or the discharge of such evaluator under RCW 28A.405.300.
(11) After a certificated classroom teacher who is not required to be on the four-level rating evaluation system or a certificated support personnel has four years of satisfactory evaluations under subsection (1) of this section, a school district may use a short form of evaluation, a locally bargained evaluation emphasizing professional growth, an evaluation under subsection (1) or (2) of this section, or any combination thereof. The short form of evaluation shall include either a thirty minute observation during the school year with a written summary or a final annual written evaluation based on the criteria in subsection (1) or (2) of this section and based on at least two observation periods during the school year totaling at least sixty minutes without a written summary of such observations being prepared. A locally bargained short-form evaluation emphasizing professional growth must provide that the professional growth activity conducted by the certificated classroom teacher be specifically linked to one or more of the certificated classroom teacher evaluation criteria. However, the evaluation process set forth in subsection (1) or (2) of this section shall be followed at least once every three years unless this time is extended by a local school district under the bargaining process set forth in chapter 41.59 RCW. The employee or evaluator may require that the evaluation process set forth in subsection (1) or (2) of this section be conducted in any given school year. No evaluation other than the evaluation authorized under subsection (1) or (2) of this section may be used as a basis for determining that an employee's work is not satisfactory under subsection (1) or (2) of this section or as probable cause for the nonrenewal of an employee's contract under RCW 28A.405.210 unless an evaluation process developed under chapter 41.59 RCW determines otherwise.
(12) Certificated classroom teachers and principals who are required to be on the four-level rating evaluation system must receive annual performance evaluations as provided in this subsection (12).
(a) A comprehensive performance evaluation assesses all eight evaluation criteria and all criteria contribute to the comprehensive performance rating. Classroom teachers and principals must receive a comprehensive performance evaluation according to the schedule specified in (b) of this subsection.
(b)(i) Except as otherwise provided in this subsection (12)(b), classroom teachers and principals must receive a comprehensive performance evaluation at least once every six years.
(ii) The following types of classroom teachers and principals must receive an annual comprehensive performance evaluation:
(A) A classroom teacher who is a provisional employee under RCW 28A.405.220;
(B) A principal in the first three consecutive school years of employment as a principal;
(C) A principal previously employed as a principal by another school district in the state of Washington for three or more consecutive school years and in the first full year as a principal in the school district; and
(D) A classroom teacher or principal who received a comprehensive performance rating of level 1 or level 2 in the previous school year.
(c)(i) In the years when a comprehensive performance evaluation is not required, classroom teachers and principals who received a comprehensive performance rating of level 3 or above in their previous comprehensive performance evaluation are required to complete a focused performance evaluation. A focused performance evaluation includes an assessment of one of the eight criteria selected for a performance rating plus professional growth activities specifically linked to the selected criteria.
(ii) The selected criteria must be approved by the teacher's or principal's evaluator and may have been identified in a previous comprehensive performance evaluation as benefiting from additional attention. A group of teachers may focus on the same evaluation criteria and share professional growth activities. A group of principals may focus on the same evaluation criteria and share professional growth activities.
(iii) The evaluator must assign a performance rating for the focused performance evaluation using the methodology adopted by the superintendent of public instruction for the instructional or leadership framework being used.
(iv) A teacher or principal may be transferred from a focused performance evaluation to a comprehensive performance evaluation at the request of the teacher or principal, or at the direction of the teacher's or principal's evaluator.
(v) Due to the importance of instructional leadership and assuring rater agreement among evaluators, particularly those evaluating teacher performance, school districts are encouraged to conduct comprehensive performance evaluations of principals on an annual basis.
(vi) A classroom teacher or principal may apply the focused performance evaluation professional growth activities toward the professional growth plan for certificate renewal as required by the Washington professional educator standards board.
(13) Each school district is encouraged to acknowledge and recognize classroom teachers and principals who have attained level 4 - distinguished performance ratings.
[ 2019 c 295 s 303; 2012 c 35 s 1; 2010 c 235 s 202; 1997 c 278 s 1; 1994 c 115 s 1; 1990 c 33 s 386; 1985 c 420 s 6; 1975-'76 2nd ex.s. c 114 s 3; 1975 1st ex.s. c 288 s 22; 1969 ex.s. c 34 s 22. Formerly RCW 28A.67.065.]
Notes:
Effective date—Findings—Intent—2019 c 295: See notes following RCW 28A.310.235.
Findings—Intent—2019 c 295: See notes following RCW 28B.10.033.
Intent—2019 c 295: See note following RCW 28B.102.030.
Findings—Intent—2019 c 295: See note following RCW 28A.415.265.
Findings—Intent—2019 c 295: See note following RCW 28A.180.120.
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—1994 c 115: "This act shall take effect September 1, 1994." [ 1994 c 115 s 2.]
Severability—1985 c 420: See note following RCW 28A.405.110.
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
Effective date—1975 1st ex.s. c 288: See RCW 41.59.940.
Construction of chapter—Employee's rights preserved: See RCW 41.59.920.
Construction of chapter—Employer's responsibilities and rights preserved: See RCW 41.59.930.
Criteria used for evaluation of staff members to be included in guide: RCW 28A.150.230.

catchline: Minimum criteria for the evaluation of certificated employees—Four-level rating evaluation system—Procedures—Steering committee—Implementation—Reports—Comprehensive performance evaluation.


title: RCW 28A.405.102

text:
(1) Representatives of the office of the superintendent of public instruction and statewide associations representing administrators, principals, human resources specialists, and certificated classroom teachers shall analyze how the evaluation systems in RCW 28A.405.100 (2) and (6) affect issues related to a change in contract status.
(2) The analysis shall be conducted during each of the phase-in years of the certificated classroom teacher and principal evaluation systems. The analysis shall include: Procedures, timelines, probationary periods, appeal procedures, and other items related to the timely exercise of employment decisions and due process provisions for certificated classroom teachers and principals.
[ 2010 c 235 s 204.]
Notes:
Finding—2010 c 235: See note following RCW 28A.405.245.

catchline: Analysis of evaluation systems.


title: RCW 28A.405.104

text:
If funds are provided for professional development activities designed specifically for first through third-year teachers, the funds shall be allocated first to districts participating in the evaluation systems in RCW 28A.405.100 (2) and (6) before the required implementation date under that section.
[ 2010 c 235 s 205.]
Notes:
Finding—2010 c 235: See note following RCW 28A.405.245.

catchline: Professional development funding for new teachers—Districts participating in evaluation system in RCW 28A.405.100 (2) and (6).


title: RCW 28A.405.106

text:
(1) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction must develop and make available a professional development program to support the implementation of the evaluation systems required by RCW 28A.405.100. The program components may be organized into professional development modules for principals, administrators, and teachers. The professional development program shall include a comprehensive online training package.
(2) The training program must include, but not be limited to, the following topics:
(a) Introduction of the evaluation criteria for teachers and principals and the four-level rating system;
(b) Orientation to and use of instructional frameworks;
(c) Orientation to and use of the leadership frameworks;
(d) Best practices in developing and using data in the evaluation systems, including multiple measures, student growth data, classroom observations, and other measures and evidence;
(e) Strategies for achieving maximum rater agreement;
(f) Evaluator feedback protocols in the evaluation systems;
(g) Examples of high quality teaching and leadership; and
(h) Methods to link the evaluation process to ongoing educator professional development.
(3) The training program must also include the foundational elements of cultural competence, focusing on multicultural education and principles of English language acquisition, including information regarding best practices to implement the tribal history and culture curriculum. The content of the training must be aligned with the standards of practice developed by the Washington professional educator standards board under RCW 28A.410.260. The office of the superintendent of public instruction, in consultation with the Washington professional educator standards board, the steering committee established in RCW 28A.405.100, and the educational opportunity gap oversight and accountability committee, must integrate the content for cultural competence into the overall training for principals, administrators, and teachers to support the revised evaluation systems.
(4) To the maximum extent feasible, the professional development program must incorporate or adapt existing online training or curriculum, including securing materials or curriculum under contract or purchase agreements within available funds. Multiple modes of instruction should be incorporated including videos of classroom teaching, participatory exercises, and other engaging combinations of online audio, video, and print presentation.
(5) The professional development program must be developed in modules that allow:
(a) Access to material over a reasonable number of training sessions;
(b) Delivery in person or online; and
(c) Use in a self-directed manner.
(6) The office of the superintendent of public instruction must maintain a website that includes the online professional development materials along with sample evaluation forms and templates, links to relevant research on evaluation and on high quality teaching and leadership, samples of contract and collective bargaining language on key topics, examples of multiple measures of teacher and principal performance, suggestions for data to measure student growth, and other tools that will assist school districts in implementing the revised evaluation systems.
(7) The office of the superintendent of public instruction must identify the number of in-service training hours associated with each professional development module and develop a way for users to document their completion of the training. Documented completion of the training under this section is considered approved in-service training for the purposes of *RCW 28A.415.020.
(8) The office of the superintendent of public instruction shall periodically update the modules to reflect new topics and research on performance evaluation so that the training serves as an ongoing source of continuing education and professional development.
(9) The office of the superintendent of public instruction shall work with the educational service districts to provide clearinghouse services for the identification and publication of professional development opportunities for teachers and principals that align with performance evaluation criteria.
[ 2021 c 197 s 10; 2016 c 72 s 202; 2012 c 35 s 5.]
Notes:
*Reviser's note: RCW 28A.415.020 was repealed by 2018 c 266 s 411.
Finding—Intent—2021 c 197: See note following RCW 28A.415.443.
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.

catchline: Professional development program to support evaluation systems—Duties of the office of the superintendent of public instruction—Website with professional development materials.


title: RCW 28A.405.110

text:
The legislature recognizes the importance of teachers in the educational system. Teachers are the fundamental element in assuring a quality education for the state's and the nation's children. Teachers, through their direct contact with children, have a great impact on the development of the child. The legislature finds that this important role of the teacher requires an assurance that teachers are as successful as possible in attaining the goal of a well-educated society. The legislature finds, therefore, that the evaluation of those persons seeking to enter the teaching profession is no less important than the evaluation of those persons currently teaching. The evaluation of persons seeking teaching credentials should be strenuous while making accommodations uniquely appropriate to the applicants. Strenuous teacher training and preparation should be complemented by examinations of prospective teachers prior to candidates being granted official certification by the professional educator standards board. Teacher preparation program entrance evaluations, teacher training, teacher preparation program exit examinations, official certification, in-service training, and ongoing evaluations of individual progress and professional growth are all part of developing and maintaining a strong precertification and postcertification professional education system.
The legislature further finds that an evaluation system for teachers has the following elements, goals, and objectives: (1) An evaluation system must be meaningful, helpful, and objective; (2) an evaluation system must encourage improvements in teaching skills, techniques, and abilities by identifying areas needing improvement; (3) an evaluation system must provide a mechanism to make meaningful distinctions among teachers and to acknowledge, recognize, and encourage superior teaching performance; and (4) an evaluation system must encourage respect in the evaluation process by the persons conducting the evaluations and the persons subject to the evaluations through recognizing the importance of objective standards and minimizing subjectivity.
[ 2006 c 263 s 806; 1985 c 420 s 1. Formerly RCW 28A.67.205.]
Notes:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Contingency—Effective date—1985 c 420: "If specific funding for the purposes of this act, referencing this act by bill number, is not provided by the legislature by July 1, 1987, sections 1 through 5 and 7 through 10 of this act shall be null and void. This act shall be of no effect unless such specific funding is so provided. If such funding is so provided, this act shall take effect when the legislation providing the funding takes effect." [ 1985 c 420 s 11.]
Reviser's note: (1) 1985 ex.s. c 6 s 501 provides specific funding for the purposes of this act.
(2) 1985 ex.s. c 6 took effect June 27, 1985.
Severability—1985 c 420: "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." [ 1985 c 420 s 12.]

catchline: Evaluations—Legislative findings.


title: RCW 28A.405.120

text:
(1) School districts shall require each administrator, each principal, or other supervisory personnel who has responsibility for evaluating classroom teachers or principals to have training in evaluation procedures.
(2) Before school district implementation of the revised evaluation systems required under RCW 28A.405.100, principals and administrators who have evaluation responsibilities must engage in professional development designed to implement the revised systems and maximize rater agreement. The professional development to support the revised evaluation systems must also include foundational elements of cultural competence, focusing on multicultural education and principles of English language acquisition.
[ 2016 c 72 s 203; 2012 c 35 s 2; 1995 c 335 s 401; 1985 c 420 s 3. Formerly RCW 28A.67.210.]
Notes:
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.
Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360.
Contingency—Effective date—Severability—1985 c 420: See notes following RCW 28A.405.110.

catchline: Training for evaluators.


title: RCW 28A.405.130

text:
(1) No administrator, principal, or other supervisory personnel may evaluate a teacher without having received training in evaluation procedures.
(2) Before evaluating classroom teachers using the evaluation systems required under RCW 28A.405.100, principals and administrators must engage in professional development designed to implement the revised systems and maximize rater agreement.
[ 2012 c 35 s 3; 1985 c 420 s 4. Formerly RCW 28A.67.215.]
Notes:
Effective date—1985 c 420 s 4: "Section 4 of this act shall take effect September 1, 1986." [ 1985 c 420 s 10.]
Contingency—Effective date—Severability—1985 c 420: See notes following RCW 28A.405.110.

catchline: Training in evaluation procedures required.


title: RCW 28A.405.140

text:
After an evaluation conducted pursuant to RCW 28A.405.100, the principal or the evaluator may require the teacher to take in-service training provided by the district in the area of teaching skills needing improvement, and may require the teacher to have a mentor for purposes of achieving such improvement.
[ 1993 c 336 s 403; 1990 c 33 s 387; 1985 c 420 s 5. Formerly RCW 28A.67.220.]
Notes:
Findings—Intent—Part headings not law—1993 c 336: See notes following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Contingency—Effective date—Severability—1985 c 420: See notes following RCW 28A.405.110.

catchline: Assistance for teacher may be required after evaluation.


title: RCW 28A.405.170

text:
A teacher's evaluation under RCW 28A.405.100 may not be negatively impacted if a teacher chooses to use curriculum or instructional materials that address subject matter related to sexual orientation including gender expression or identity so long as the subject matter is age-appropriate and connected to the teacher's content area.
[ 2019 c 194 s 4.]

catchline: Teacher's use of sexual orientation curriculum.


title: RCW 28A.405.200

text:
Every school district by action of its board of directors shall adopt annual salary schedules and reproduce the same by printing, mimeographing or other reasonable method, which shall be the basis for salaries for all certificated employees in the district.
[ 1969 ex.s. c 283 s 1. Formerly RCW 28A.67.066, 28.67.066.]
Notes:
Severability—1969 ex.s. c 283: See note following RCW 28A.150.050.

catchline: Annual salary schedules as basis for salaries of certificated employees.


title: RCW 28A.405.210

text:
(1) No teacher, principal, supervisor, superintendent, or other certificated employee, holding a position as such with a school district, hereinafter referred to as "employee," shall be employed except by written order of a majority of the directors of the district at a regular or special meeting thereof, nor unless he or she is the holder of an effective teacher's certificate or other certificate required by law or the Washington professional educator standards board for the position for which the employee is employed.
(2)(a) The board shall make with each employee employed by it a written contract, which shall be in conformity with the laws of this state, and except as otherwise provided by law and under (b) of this subsection, limited to a term of not more than one year. Every such contract shall be made in duplicate, one copy to be retained by the school district superintendent or secretary and one copy to be delivered to the employee. No contract shall be offered by any board for the employment of any employee who has previously signed an employment contract for that same term in another school district of the state of Washington unless such employee shall have been released from his or her obligations under such previous contract by the board of directors of the school district to which he or she was obligated. Any contract signed in violation of this provision shall be void.
(b) A written contract made by a board with a principal under (a) of this subsection may be for a term of up to three years if the principal has: (i) Been employed as a principal for three or more consecutive years; (ii) been recommended by the superintendent as a candidate for a two or three-year contract because the principal has demonstrated the ability to stabilize instructional practices and received a comprehensive performance rating of level 3 or above in their most recent comprehensive performance evaluation under RCW 28A.405.100; and (iii) met the school district's requirements for satisfying an updated record check under RCW 28A.400.303. A written contract made by a board with a principal under (a) of this subsection for a term of three years may not be renewed before the final year of the contract.
(3) In the event it is determined that there is probable cause or causes that the employment contract of an employee should not be renewed by the district for the next ensuing term such employee shall be notified in writing on or before May 15th preceding the commencement of such term of that determination, or if the omnibus appropriations act has not passed the legislature by the end of the regular legislative session for that year, then notification shall be no later than June 15th, which notification shall specify the cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than the superintendent, shall be made by the superintendent. Such notice shall be served upon the employee personally, or by certified or registered mail, or by leaving a copy of the notice at the house of his or her usual abode with some person of suitable age and discretion then resident therein. Every such employee so notified, at his or her request made in writing and filed with the president, chair or secretary of the board of directors of the district within 10 days after receiving such notice, shall be granted opportunity for hearing pursuant to RCW 28A.405.310 to determine whether there is sufficient cause or causes for nonrenewal of contract: PROVIDED, That any employee receiving notice of nonrenewal of contract due to an enrollment decline or loss of revenue may, in his or her request for a hearing, stipulate that initiation of the arrangements for a hearing officer as provided for by RCW 28A.405.310(4) shall occur within 10 days following July 15 rather than the day that the employee submits the request for a hearing. If any such notification or opportunity for hearing is not timely given, the employee entitled thereto shall be conclusively presumed to have been reemployed by the district for the next ensuing term upon contractual terms identical with those which would have prevailed if his or her employment had actually been renewed by the board of directors for such ensuing term.
(4) This section shall not be applicable to "provisional employees" as so designated in RCW 28A.405.220; transfer to a subordinate certificated position as that procedure is set forth in RCW 28A.405.230 or 28A.405.245 shall not be construed as a nonrenewal of contract for the purposes of this section.
[ 2023 c 362 s 1; 2016 c 85 s 1; 2010 c 235 s 303; 2009 c 57 s 1; 2005 c 497 s 216; 1996 c 201 s 1; 1990 c 33 s 390. Prior: 1983 c 83 s 1; 1983 c 56 s 11; 1975-'76 2nd ex.s. c 114 s 4; 1975 1st ex.s. c 275 s 133; 1973 c 49 s 2; 1970 ex.s. c 15 s 16; prior: 1969 ex.s. c 176 s 143; 1969 ex.s. c 34 s 12; 1969 ex.s. c 15 s 2; 1969 ex.s. c 223 s 28A.67.070; prior: 1961 c 241 s 1; 1955 c 68 s 3; prior: (i) 1909 c 97 p 307 s 5; 1897 c 118 s 55; 1891 c 127 s 14; 1890 p 369 s 37; 1886 p 18 s 47; Code 1881 s 3200; RRS s 4851. (ii) 1943 c 52 s 1, part; 1941 c 179 s 1, part; 1939 c 131 s 1, part; 1925 ex.s. c 57 s 1, part; 1919 c 89 s 3, part; 1915 c 44 s 1, part; 1909 c 97 p 285 s 2, part; 1907 c 240 s 5, part; 1903 c 104 s 17, part; 1901 c 41 s 3, part; 1897 c 118 s 40, part; 1890 p 364 s 26, part; Rem. Supp. 1943 s 4776, part. Formerly RCW 28A.67.070, 28.67.070.]
Notes:
Effective date—2016 c 85: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2016]." [ 2016 c 85 s 6.]
Finding—2010 c 235: See note following RCW 28A.405.245.
Effective date—2009 c 57: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 10, 2009]." [ 2009 c 57 s 5.]
Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011.
Severability—1983 c 56: See note following RCW 28A.195.010.
Savings—Severability—1975-'76 2nd ex.s. c 114: See notes following RCW 28A.400.010.
Severability—1970 ex.s. c 15: See note following RCW 28A.230.160.
Rights preserved—Severability—1969 ex.s. c 176: See notes following RCW 28A.310.010.
Minimum criteria for the evaluation of certificated employees—Four-level rating evaluation system—Procedures—Steering committee—Implementation—Reports—Comprehensive performance evaluation: RCW 28A.405.100.
School superintendent—RCW 28A.405.210 not applicable to contract renewal: RCW 28A.400.010.

catchline: Conditions and contracts of employment—Determination of probable cause for nonrenewal of contracts—Nonrenewal due to enrollment decline or revenue loss—Notice—Opportunity for hearing.