House Bill 1546 sounds an awful lot like a sneaky attempt to get charter schools legalized in Washington State, disguised as “innovation schools.”

Whether that’s what it is, or whether it’s an attempt to make our state qualify for a “Race to the Top” grant on the next round (if there will be a next round) using semantics, there really ought to be a public discussion about this bill.

So let’s start here, shall we?

After all, it imposes merit pay, discourages collective bargaining, allows for all kinds of waivers of state law, and targets the “achievement gap” — that is, poor kids of color — just like the charter franchises of KIPP et al do.

When put to the voters, charter schools have been rejected by the Washington State public multiple times.

When studied comprehensively by Stanford University’s Center for Research on Education Outcomes (CREDO) in 2009 (a report funded by pro-charter foundations), charters came up seriously short: CREDO found that 83 percent of charter schools perform no better or perform worse than regular public schools.

So why are some state legislators pushing to overrule the wisdom of the voters and allow such a faulty concept here?

If that’s indeed what this is.

Just for, fun, I swapped out the word “innovation” for “CHARTER” in the bill to see how it would read. (Granted, sometimes it doesn’t make sense!) See what you think:

H-1057.1 _____________________________________________

HOUSE BILL 1546

_____________________________________________

State of Washington 62nd Legislature 2011 Regular Session

By Representatives Hargrove, Hunt, Dammeier, Pettigrew, Liias, Smith,

Anderson, Fagan, Kretz, Dahlquist, Angel, Zeiger, Jinkins, and Finn

Read first time 01/25/11. Referred to Committee on Education.

1 AN ACT Relating to authorizing creation of CHARTER schools and

2 CHARTER zones in school districts; amending RCW 28A.657.050; adding

3 a new section to chapter 41.56 RCW; adding a new section to chapter

4 41.59 RCW; adding a new section to chapter 28A.150 RCW; adding a new

5 section to chapter 28A.160 RCW; adding a new section to chapter 28A.165

6 RCW; adding a new section to chapter 28A.170 RCW; adding a new section

7 to chapter 28A.175 RCW; adding a new section to chapter 28A.180 RCW;

8 adding a new section to chapter 28A.185 RCW; adding a new section to

9 chapter 28A.190 RCW; adding a new section to chapter 28A.193 RCW;

10 adding a new section to chapter 28A.194 RCW; adding a new section to

11 chapter 28A.215 RCW; adding a new section to chapter 28A.220 RCW;

12 adding a new section to chapter 28A.225 RCW; adding a new section to

13 chapter 28A.230 RCW; adding a new section to chapter 28A.235 RCW;

14 adding a new section to chapter 28A.245 RCW; adding a new section to

15 chapter 28A.250 RCW; adding a new section to chapter 28A.300 RCW;

16 adding a new section to chapter 28A.305 RCW; adding a new section to

17 chapter 28A.320 RCW; adding a new section to chapter 28A.325 RCW;

18 adding a new section to chapter 28A.335 RCW; adding a new section to

19 chapter 28A.340 RCW; adding a new section to chapter 28A.345 RCW;

20 adding a new section to chapter 28A.400 RCW; adding a new section to

21 chapter 28A.405 RCW; adding a new section to chapter 28A.410 RCW;

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1 adding a new section to chapter 28A.415 RCW; adding a new section to

2 chapter 28A.600 RCW; adding a new section to chapter 28A.605 RCW;

3 adding a new section to chapter 28A.620 RCW; adding a new section to

4 chapter 28A.623 RCW; adding a new section to chapter 28A.625 RCW;

5 adding a new section to chapter 28A.630 RCW; adding a new section to

6 chapter 28A.635 RCW; adding a new section to chapter 28A.650 RCW;

7 adding a new section to chapter 28A.655 RCW; adding a new section to

8 chapter 28A.700 RCW; adding a new chapter to Title 28A RCW; and

9 creating new sections.

10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

11 NEW SECTION. Sec. 1. (1) The legislature finds that:

12 (a) To further the goals of high quality public education

13 throughout the state, each school district board of directors should

14 have the authority to grant schools of the district maximum possible

15 flexibility to meet the needs of students and the communities in which

16 they live; and

17 (b) Particularly in schools and communities that are struggling to

18 improve student academic outcomes and close the achievement gap, there

19 is a critical need for innovative models of public education that are

20 tailored to the unique circumstances and needs of the students in those

21 schools and communities.

22 (2) Therefore, the legislature intends to:

23 (a) Grant school districts and schools greater flexibility to meet

24 the educational needs of a diverse student population;

25 (b) Improve educational performance through greater individual

26 school autonomy and managerial flexibility;

27 (c) Implement evidence-based practices proven to be effective in

28 reducing demographic disparities in student achievement; and

29 (d) Encourage CHARTER in education by providing local school

30 communities and principals with greater control over staffing,

31 personnel selection and evaluation, scheduling, and educational

32 programming.

33 NEW SECTION. Sec. 2. Any school district board of directors may

34 authorize one or more CHARTER schools or CHARTER zones within the

35 district as provided in this section.

HB 1546 p. 2

1 (1)(a) Any school within a school district may submit to the board

2 of directors an CHARTER school plan as described under section 3 of

3 this act. A group of schools that share common interests, such as

4 geographical location or educational focus, or that sequentially serve

5 classes of students as they progress through elementary and secondary

6 grades may jointly submit to the board of directors a plan to create an

7 CHARTER zone as described under section 3 of this act. An

8 CHARTER zone may include all schools within a school district.

9 (b) A school district board of directors that receives an

10 CHARTER school plan or CHARTER zone plan shall either approve or

11 disapprove the plan within sixty days of receiving the plan. If the

12 board of directors rejects the plan, the board must provide a written

13 explanation of the reasons for the rejection. The school or group of

14 schools may resubmit an amended plan any time after a plan is rejected.

15 (2) A board of directors may initiate and collaborate with one or

16 more schools in the district to create CHARTER schools or CHARTER

17 zones. In creating an CHARTER school plan or an CHARTER zone

18 plan, the board of directors must ensure that each public school

19 affected by the plan has substantial opportunity to participate in the

20 development of the plan.

21 (3) If a board of directors authorizes an CHARTER school or an

22 CHARTER zone, the board may seek state endorsement of the CHARTER

23 school or CHARTER zone under section 5 of this act.

24 (4) If a school district board of directors approves an CHARTER

25 school plan or CHARTER zone plan that contains a request for a

26 waiver of provisions of school district collective bargaining

27 agreements, the board must enter into negotiations with the appropriate

28 employee organizations and the employee organizations and the school

29 board must bargain in good faith.

30 (5) Each CHARTER school or CHARTER zone authorized under this

31 section must submit an annual report to the school district board of

32 directors on student achievement results in the school or zone and

33 other accomplishments achieved during the prior year. The board of

34 directors shall forward a copy of the reports to the state board of

35 education.

36 (6) Once an CHARTER school plan or CHARTER zone plan has been

37 authorized by a school district board of directors, the board must

38 permit the implementation of the plan as authorized for a period of at

p. 3 HB 1546

1 least four years, after which time the board may end implementation of

2 the plan or continue the plan for a period of time specified by the

3 board.

4 NEW SECTION. Sec. 3. (1) An CHARTER school plan must include

5 the following information:

6 (a) A statement of why designation as an CHARTER school would

7 enhance the ability of the school to improve student achievement and

8 close the achievement gap;

9 (b) A description of the CHARTERs to be implemented by the

10 school, which may include, but are not limited to: CHARTERs in

11 school staffing; class scheduling; use of financial and other

12 resources; school-based budgeting; professional development; parent

13 involvement; collaboration and partnership with the community; school-

14 based decision making; and recruitment, employment, assignment,

15 evaluation, and compensation of school employees, including providing

16 financial incentives for performance and excellence;

17 (c) A description of the programs, policies, and approaches to

18 providing instruction and services that would be changed to reflect

19 evidence-based practices and other CHARTERs, such as unique learning

20 opportunities for students; curriculum; student promotion and

21 graduation policies; forms of student assessment; the length of school

22 day and school year; programs, services, and strategies specifically

23 intended to close the achievement gap and increase graduation rates

24 across all groups of students; project-based learning; team-teaching;

25 interdisciplinary instruction; provision of special services including

26 for students in special education, highly capable students, and English

27 language learner students; dropout early warning, prevention,

28 intervention, and reengagement; and guidance and counseling services;

29 (d) Identification of the improvements in student achievement that

30 the school expects to accomplish in implementing the CHARTERs;

31 (e) A statement of the level of support for designation as an

32 CHARTER school by the students and parents of students enrolled in

33 the school and the community surrounding the school;

34 (f) A listing of any waivers of school district policies or

35 provisions of school district collective bargaining agreements that are

36 necessary to implement the plan and why the waivers are necessary; and

HB 1546 p. 4

1 (g) A listing of any waivers of state policies, rules, or laws that

2 are necessary to implement the plan and why the waivers are necessary.

3 (2) An CHARTER zone plan must include all of the information

4 under subsection (1) of this section, plus the following additional

5 information:

6 (a) A description of how CHARTERs in the schools within the

7 CHARTER zone would be integrated to achieve results that would be

8 less likely to be accomplished by each school working alone; and

9 (b) An estimate of any economies of scale that would be achieved by

10 CHARTERs implemented jointly by the schools within the CHARTER

11 zone.

12 (3) A plan submitted to the school district board of directors

13 under this section must be approved by a majority of staff assigned to

14 the school or schools participating in the plan.

15 NEW SECTION. Sec. 4. CHARTER school and CHARTER zone plans

16 must be able to be implemented without supplemental state funds, but

17 may include requests for supplemental funds from the school district or

18 from the state for specified components of the plan. Each school

19 district board of directors is authorized and encouraged to seek and

20 accept public and private gifts, grants, and donations to offset the

21 costs of developing and implementing CHARTER school and CHARTER

22 zone plans.

23 NEW SECTION. Sec. 5. (1) A school district board of directors

24 that has authorized an CHARTER school or an CHARTER zone under

25 section 2 of this act may seek endorsement of the CHARTER school or

26 CHARTER zone by the state board of education.

27 (2) The school district board of directors shall submit its

28 CHARTER school plans or CHARTER zone plans to the state board of

29 education, the office of the superintendent of public instruction, and

30 the professional educator standards board for review and comment.

31 Within sixty days after receiving a plan, the state board of education,

32 the office of the superintendent of public instruction, and the

33 professional educator standards board shall respond to the board of

34 directors with any suggested changes or additions to the plan,

35 including suggestions for further CHARTERs or measures to increase

p. 5 HB 1546

1 the likelihood that the CHARTERs will result in greater academic

2 achievement within the CHARTER school or CHARTER zone. Based on

3 the comments, a board of directors may withdraw and resubmit the plan.

4 (3) Within ten days of providing comment on an CHARTER school

5 plan or CHARTER zone plan under subsection (2) of this section,

6 unless the school district board of directors withdraws the plan for

7 purposes of revision, the state board of education shall endorse the

8 CHARTER school or CHARTER zone unless the state board concludes

9 that the plan:

10 (a) Is likely to result in a decrease in academic achievement in

11 the CHARTER school or CHARTER zone;

12 (b) Is not financially feasible to implement; or

13 (c) Would violate state or federal laws or rules that are not

14 authorized to be waived under section 6 of this act.

15 (4) If the state board of education does not endorse an CHARTER

16 school or CHARTER zone, the board shall provide a written

17 explanation of the basis for the rejection to the school district board

18 of directors. The school district board of directors may resubmit a

19 revised plan at any time after the endorsement is rejected.

20 NEW SECTION. Sec. 6. (1) The superintendent of public

21 instruction, the state board of education, and the professional

22 educator standards board, each within the scope of their statutory

23 authority, shall waive the application of policies and procedures for

24 an CHARTER school or schools within an CHARTER zone endorsed

25 under section 5 of this act to the extent the waivers are included in

26 the CHARTER school or CHARTER zone plan. The superintendent of

27 public instruction, the state board of education, and the professional

28 educator standards board may not waive policies and procedures that

29 jeopardize the receipt of state or federal funds that a school district

30 with an CHARTER school or CHARTER zone would otherwise be

31 eligible to receive unless the school district submits a written

32 authorization for the waiver acknowledging that receipt of these funds

33 could be jeopardized.

34 (2) The superintendent of public instruction, the state board of

35 education, and the professional educator standards board, each within

36 the scope of their statutory authority, shall waive the statutory

37 requirements and any related rules of the chapters of law specified

HB 1546 p. 6

1 under section 7 of this act for an CHARTER school or schools within

2 an CHARTER zone endorsed under section 5 of this act to the extent

3 the waivers are included in the CHARTER school or CHARTER zone

4 plan.

5 (3) A waiver under this section applies only to CHARTER schools

6 or schools within CHARTER zones endorsed under section 5 of this act

7 and only as specified in the CHARTER school or CHARTER zone plan.

8 (4) The superintendent of public instruction, the state board of

9 education, or the professional educator standards board may suspend a

10 waiver granted under this section based on evidence of academic harm to

11 students or findings in financial or program audits.

12 NEW SECTION. Sec. 7. (1) The following laws and related rules are

13 subject to waiver under section 6 of this act, except as provided under

14 subsection (2) of this section:

15 (a) Chapter 28A.150 RCW, general provisions;

16 (b) Chapter 28A.160 RCW, student transportation;

17 (c) Chapter 28A.165 RCW, learning assistance program;

18 (d) Chapter 28A.170 RCW, substance abuse awareness program;

19 (e) Chapter 28A.175 RCW, dropout prevention, intervention, and

20 retrieval system;

21 (f) Chapter 28A.180 RCW, transitional bilingual instructional

22 program;

23 (g) Chapter 28A.185 RCW, highly capable students;

24 (h) Chapter 28A.190 RCW, residential education programs;

25 (i) Chapter 28A.193 RCW, education programs for juvenile inmates;

26 (j) Chapter 28A.194 RCW, education programs for juveniles in adult

27 jails;

28 (k) Chapter 28A.215 RCW, early childhood, preschools, before-and-

29 after school care;

30 (l) Chapter 28A.220 RCW, traffic safety;

31 (m) Chapter 28A.225 RCW, compulsory school attendance and

32 admission;

33 (n) Chapter 28A.230 RCW, compulsory course work and activities;

34 (o) Chapter 28A.235 RCW, food services;

35 (p) Chapter 28A.245 RCW, skill centers;

36 (q) Chapter 28A.250 RCW, online learning;

37 (r) Chapter 28A.300 RCW, superintendent of public instruction;

p. 7 HB 1546

1 (s) Chapter 28A.305 RCW, state board of education;

2 (t) Chapter 28A.320 RCW, provisions applicable to all districts;

3 (u) Chapter 28A.325 RCW, associated student bodies;

4 (v) Chapter 28A.335 RCW, school districts’ property;

5 (w) Chapter 28A.340 RCW, small high school cooperative projects;

6 (x) Chapter 28A.345 RCW, Washington state school directors’

7 association;

8 (y) Chapter 28A.400 RCW, employees;

9 (z) Chapter 28A.405 RCW, certificated employees;

10 (aa) Chapter 28A.410 RCW, certification;

11 (bb) Chapter 28A.415 RCW, institutes, workshops, and training;

12 (cc) Chapter 28A.600 RCW, students;

13 (dd) Chapter 28A.605 RCW, parent access;

14 (ee) Chapter 28A.620 RCW, community education programs;

15 (ff) Chapter 28A.623 RCW, meal programs;

16 (gg) Chapter 28A.625 RCW, awards;

17 (hh) Chapter 28A.630 RCW, temporary provisions–special projects;

18 (ii) Chapter 28A.635 RCW, offenses relating to school property and

19 personnel;

20 (jj) Chapter 28A.650 RCW, education technology;

21 (kk) Chapter 28A.655 RCW, academic achievement and accountability;

22 and

23 (ll) Chapter 28A.700 RCW, secondary career and technical education.

24 (2) Statutes or administrative rules pertaining to the following

25 state requirements may not be waived under section 6 of this act:

26 (a) Laws and regulations pertaining to health, safety, civil

27 rights, privacy, and nondiscrimination;

28 (b) Laws and rules associated with determining disbursements of

29 state funds, including capital funds, through state funding formulas;

30 (c) Laws and regulations pertaining to school district budgeting

31 and accounting and bonded indebtedness;

32 (d) Laws and regulations pertaining to the statewide assessment and

33 school and district accountability system to the extent that the

34 provisions are required under federal laws or regulations;

35 (e) Laws regarding financial examinations and audits as determined

36 by the state auditor and the office of the superintendent of public

37 instruction, including audits for legal and fiscal compliance;

HB 1546 p. 8

1 (f) Laws pertaining to the election of school district boards of

2 directors and to the organization and reorganization of school

3 districts;

4 (g) Employee background and record check requirements under RCW

5 28A.400.301 and 28A.400.303 and mandatory termination for crimes

6 against children under RCW 28A.400.320 through 28A.400.330; and

7 (h) The provisions of the interstate compact on educational

8 opportunity for military children.

9 (3) By August 1, 2011, the office of the superintendent of public

10 instruction, the professional educator standards board, and the state

11 board of education shall jointly publish a list of each of the statutes

12 under Title 28A RCW and administrative rules adopted under those

13 statutes that may be waived under this section. The list must be

14 updated by August 1st of each year thereafter.

15 NEW SECTION. Sec. 8. (1) The office of the superintendent of

16 public instruction must annually forward to the legislature any

17 supplemental state funding requests contained in the plans of

18 CHARTER schools or CHARTER zones endorsed by the state board of

19 education under section 5 of this act.

20 (2) The supplemental funding requests under this section must be

21 submitted as a single decision package, to be considered as a whole by

22 the legislature and not by each CHARTER school or CHARTER zone.

23 (3) If funding is appropriated to implement CHARTER school plans

24 or CHARTER zone plans in an amount less than the full request, the

25 office of the superintendent of public instruction shall apportion the

26 appropriated funds among the school districts with CHARTER schools

27 and CHARTER zones based on a pro rata share of the amount of the

28 appropriation compared to the amount of the request.

29 NEW SECTION. Sec. 9. (1) A school district with an CHARTER

30 school or CHARTER zone endorsed by the state board of education

31 under section 6 of this act shall permit but not require employees

32 assigned to an CHARTER school or a school within an CHARTER zone

33 to elect to be removed from collective bargaining units and collective

34 bargaining agreements as provided under sections 12 and 13 of this act.

35 (2) If the employees assigned to a school within an CHARTER zone

p. 9 HB 1546

1 do not elect to be removed from the collective bargaining unit, the

2 school district board of directors may revise the CHARTER zone plan

3 to remove that school from the plan.

4 (3) Any employee who is assigned to an CHARTER school or a

5 school within an CHARTER zone may request a transfer to another

6 school within the school district. The superintendent and school

7 district board of directors shall make every reasonable effort to

8 accommodate the employee’s request for a transfer.

9 NEW SECTION. Sec. 10. The office of the superintendent of public

10 instruction must provide information about the provisions of this

11 chapter to all schools and school districts in the state and, within

12 available funds, offer advice and technical assistance at the request

13 of schools, school districts, and school district boards of directors

14 in the development and implementation of CHARTER school plans and

15 CHARTER zone plans.

16 Sec. 11. RCW 28A.657.050 and 2010 c 235 s 105 are each amended to

17 read as follows:

18 (1) The local district superintendent and local school board of a

19 school district designated as a required action district must submit a

20 required action plan to the state board of education for approval.

21 Unless otherwise required by subsection (3) of this section, the plan

22 must be submitted under a schedule as required by the state board. A

23 required action plan must be developed in collaboration with

24 administrators, teachers, and other staff, parents, unions representing

25 any employees within the district, students, and other representatives

26 of the local community. The superintendent of public instruction shall

27 provide a district with assistance in developing its plan if requested.

28 The school board must conduct a public hearing to allow for comment on

29 a proposed required action plan. The local school district shall

30 submit the plan first to the office of the superintendent of public

31 instruction to review and approve that the plan is consistent with

32 federal guidelines. After the office of the superintendent of public

33 instruction has approved that the plan is consistent with federal

34 guidelines, the local school district must submit its required action

35 plan to the state board of education for approval.

36 (2) A required action plan must include all of the following:

HB 1546 p. 10

1 (a) Implementation of one of the four federal intervention models

2 required for the receipt of a federal school improvement grant, for

3 those persistently lowest-achieving schools that the district will be

4 focusing on for required action. However, a district may not establish

5 a charter school under a federal intervention model without express

6 legislative authority. The intervention models are the turnaround,

7 restart, school closure, and transformation models. School districts

8 are encouraged to implement an CHARTER school as provided in

9 sections 2 through 10 of this act in a persistently lowest-achieving

10 school, as long as the CHARTER school plan under section 3 of this

11 act also meets the requirements of a federal intervention model. The

12 intervention model selected must address the concerns raised in the

13 academic performance audit and be intended to improve student

14 performance to allow a school district to be removed from the list of

15 districts designated as a required action district by the state board

16 of education within three years of implementation of the plan;

17 (b) Submission of an application for a federal school improvement

18 grant or a grant from other federal funds for school improvement to the

19 superintendent of public instruction;

20 (c) A budget that provides for adequate resources to implement the

21 federal model selected and any other requirements of the plan;

22 (d) A description of the changes in the district’s or school’s

23 existing policies, structures, agreements, processes, and practices

24 that are intended to attain significant achievement gains for all

25 students enrolled in the school and how the district intends to address

26 the findings of the academic performance audit; and

27 (e) Identification of the measures that the school district will

28 use in assessing student achievement at a school identified as a

29 persistently lowest-achieving school, which include improving

30 mathematics and reading student achievement and graduation rates as

31 defined by the office of the superintendent of public instruction that

32 enable the school to no longer be identified as a persistently lowest-

33 achieving school.

34 (3)(a) For any district designated for required action, the parties

35 to any collective bargaining agreement negotiated, renewed, or extended

36 under chapter 41.59 or 41.56 RCW after June 10, 2010, must reopen the

37 agreement, or negotiate an addendum, if needed, to make changes to

p. 11 HB 1546

1 terms and conditions of employment that are necessary to implement a

2 required action plan.

3 (b) If the school district and the employee organizations are

4 unable to agree on the terms of an addendum or modification to an

5 existing collective bargaining agreement, the parties, including all

6 labor organizations affected under the required action plan, shall

7 request the public employment relations commission to, and the

8 commission shall, appoint an employee of the commission to act as a

9 mediator to assist in the resolution of a dispute between the school

10 district and the employee organizations. Beginning in 2011, and each

11 year thereafter, mediation shall commence no later than April 15th.

12 All mediations held under this section shall include the employer and

13 representatives of all affected bargaining units.

14 (c) If the executive director of the public employment relations

15 commission, upon the recommendation of the assigned mediator, finds

16 that the employer and any affected bargaining unit are unable to reach

17 agreement following a reasonable period of negotiations and mediation,

18 but by no later than May 15th of the year in which mediation occurred,

19 the executive director shall certify any disputed issues for a decision

20 by the superior court in the county where the school district is

21 located. The issues for determination by the superior court must be

22 limited to the issues certified by the executive director.

23 (d) The process for filing with the court in this subsection (3)(d)

24 must be used in the case where the executive director certifies issues

25 for a decision by the superior court.

26 (i) The school district shall file a petition with the superior

27 court, by no later than May 20th of the same year in which the issues

28 were certified, setting forth the following:

29 (A) The name, address, and telephone number of the school district

30 and its principal representative;

31 (B) The name, address, and telephone number of the employee

32 organizations and their principal representatives;

33 (C) A description of the bargaining units involved;

34 (D) A copy of the unresolved issues certified by the executive

35 director for a final and binding decision by the court; and

36 (E) The academic performance audit that the office of the

37 superintendent of public instruction completed for the school district.

HB 1546 p. 12

1 (ii) Within seven days after the filing of the petition, each party

2 shall file with the court the proposal it is asking the court to order

3 be implemented in a required action plan for the district for each

4 issue certified by the executive director. Contemporaneously with the

5 filing of the proposal, a party must file a brief with the court

6 setting forth the reasons why the court should order implementation of

7 its proposal in the final plan.

8 (iii) Following receipt of the proposals and briefs of the parties,

9 the court must schedule a date and time for a hearing on the petition.

10 The hearing must be limited to argument of the parties or their counsel

11 regarding the proposals submitted for the court’s consideration. The

12 parties may waive a hearing by written agreement.

13 (iv) The court must enter an order selecting the proposal for

14 inclusion in a required action plan that best responds to the issues

15 raised in the school district’s academic performance audit, and allows

16 for the award of a federal school improvement grant or a grant from

17 other federal funds for school improvement to the district from the

18 office of the superintendent of public instruction to implement one of

19 the four federal intervention models. The court’s decision must be

20 issued no later than June 15th of the year in which the petition is

21 filed and is final and binding on the parties; however the court’s

22 decision is subject to appeal only in the case where it does not allow

23 the school district to implement a required action plan consistent with

24 the requirements for the award of a federal school improvement grant or

25 other federal funds for school improvement by the superintendent of

26 public instruction.

27 (e) Each party shall bear its own costs and attorneys’ fees

28 incurred under this statute.

29 (f) Any party that proceeds with the process in this section after

30 knowledge that any provision of this section has not been complied with

31 and who fails to state its objection in writing is deemed to have

32 waived its right to object.

33 (4) All contracts entered into between a school district and an

34 employee must be consistent with this section and allow school

35 districts designated as required action districts to implement one of

36 the four federal models in a required action plan.

p. 13 HB 1546

1 NEW SECTION. Sec. 12. A new section is added to chapter 41.56 RCW

2 to read as follows:

3 (1) Any collective bargaining agreement entered into, extended,

4 amended, or renewed after the effective date of this section between a

5 school district employer and employees under this chapter must contain

6 a provision that allows employees of a school district who are assigned

7 to an CHARTER school or a school within an CHARTER zone endorsed

8 by the state board of education under section 6 of this act to elect to

9 be removed from the bargaining unit and the collective bargaining

10 agreement as provided under this section.

11 (2) Employees under this section may elect, by means of a secret

12 ballot approved by a majority of the employees under this chapter

13 assigned to the school, to be removed from their bargaining unit and

14 collective bargaining agreement. In the case of schools within an

15 CHARTER zone, the election must be conducted separately for each

16 school within the zone.

17 (3) Removal of employees of an CHARTER school or a school within

18 an CHARTER zone from bargaining units and collective bargaining

19 agreements under this section must continue so long as the school

20 remains an CHARTER school or within an CHARTER zone.

21 NEW SECTION. Sec. 13. A new section is added to chapter 41.59 RCW

22 to read as follows:

23 (1) Any collective bargaining agreement entered into, extended,

24 amended, or renewed after the effective date of this section between an

25 employer and employees under this chapter must contain a provision that

26 allows employees of a school district who are assigned to an CHARTER

27 school or a school within an CHARTER zone endorsed by the state

28 board of education under section 6 of this act to elect to be removed

29 from the bargaining unit and the collective bargaining agreement as

30 provided under this section.

31 (2) Employees assigned to an CHARTER school or a school within

32 an CHARTER zone may elect, by means of a secret ballot approved by

33 a majority of the employees under this chapter assigned to the school,

34 to be removed from their bargaining unit and collective bargaining

35 agreement. In the case of schools within an CHARTER zone, the

36 election must be conducted separately for each school within the zone.

HB 1546 p. 14

1 (3) Removal of employees of an CHARTER school or a school within

2 an CHARTER zone from bargaining units and collective bargaining

3 agreements under this section must continue so long as the school

4 remains an CHARTER school or within an CHARTER zone.

5 NEW SECTION. Sec. 14. A new section is added to chapter 28A.150

6 RCW to read as follows:

7 A school district with an CHARTER school or an CHARTER zone

8 endorsed by the state board of education under section 6 of this act is

9 subject to the requirements of this chapter and related rules unless a

10 waiver is included in the CHARTER school plan or CHARTER zone

11 plan. A waiver provided under section 7 of this act from the

12 requirements of this chapter and related rules applies only to the

13 CHARTER schools or schools within CHARTER zones and only as

14 specified in the endorsed plan.

15 NEW SECTION. Sec. 15. A new section is added to chapter 28A.160

16 RCW to read as follows:

17 A school district with an CHARTER school or an CHARTER zone

18 endorsed by the state board of education under section 6 of this act is

19 subject to the requirements of this chapter and related rules unless a

20 waiver is included in the CHARTER school plan or CHARTER zone

21 plan. A waiver provided under section 7 of this act from the

22 requirements of this chapter and related rules applies only to the

23 CHARTER schools or schools within CHARTER zones and only as

24 specified in the endorsed plan.

25 NEW SECTION. Sec. 16. A new section is added to chapter 28A.165

26 RCW to read as follows:

27 A school district with an CHARTER school or an CHARTER zone

28 endorsed by the state board of education under section 6 of this act is

29 subject to the requirements of this chapter and related rules unless a

30 waiver is included in the CHARTER school plan or CHARTER zone

31 plan. A waiver provided under section 7 of this act from the

32 requirements of this chapter and related rules applies only to the

33 CHARTER schools or schools within CHARTER zones and only as

34 specified in the endorsed plan.

p. 15 HB 1546

1 NEW SECTION. Sec. 17. A new section is added to chapter 28A.170

2 RCW to read as follows:

3 A school district with an CHARTER school or an CHARTER zone

4 endorsed by the state board of education under section 6 of this act is

5 subject to the requirements of this chapter and related rules unless a

6 waiver is included in the CHARTER school plan or CHARTER zone

7 plan. A waiver provided under section 7 of this act from the

8 requirements of this chapter and related rules applies only to the

9 CHARTER schools or schools within CHARTER zones and only as

10 specified in the endorsed plan.

11 NEW SECTION. Sec. 18. A new section is added to chapter 28A.175

12 RCW to read as follows:

13 A school district with an CHARTER school or an CHARTER zone

14 endorsed by the state board of education under section 6 of this act is

15 subject to the requirements of this chapter and related rules unless a

16 waiver is included in the CHARTER school plan or CHARTER zone

17 plan. A waiver provided under section 7 of this act from the

18 requirements of this chapter and related rules applies only to the

19 CHARTER schools or schools within CHARTER zones and only as

20 specified in the endorsed plan.

21 NEW SECTION. Sec. 19. A new section is added to chapter 28A.180

22 RCW to read as follows:

23 A school district with an CHARTER school or an CHARTER zone

24 endorsed by the state board of education under section 6 of this act is

25 subject to the requirements of this chapter and related rules unless a

26 waiver is included in the CHARTER school plan or CHARTER zone

27 plan. A waiver provided under section 7 of this act from the

28 requirements of this chapter and related rules applies only to the

29 CHARTER schools or schools within CHARTER zones and only as

30 specified in the endorsed plan.

31 NEW SECTION. Sec. 20. A new section is added to chapter 28A.185

32 RCW to read as follows:

33 A school district with an CHARTER school or an CHARTER zone

34 endorsed by the state board of education under section 6 of this act is

35 subject to the requirements of this chapter and related rules unless a

HB 1546 p. 16

1 waiver is included in the CHARTER school plan or CHARTER zone

2 plan. A waiver provided under section 7 of this act from the

3 requirements of this chapter and related rules applies only to the

4 CHARTER schools or schools within CHARTER zones and only as

5 specified in the endorsed plan.

6 NEW SECTION. Sec. 21. A new section is added to chapter 28A.190

7 RCW to read as follows:

8 A school district with an CHARTER school or an CHARTER zone

9 endorsed by the state board of education under section 6 of this act is

10 subject to the requirements of this chapter and related rules unless a

11 waiver is included in the CHARTER school plan or CHARTER zone

12 plan. A waiver provided under section 7 of this act from the

13 requirements of this chapter and related rules applies only to the

14 CHARTER schools or schools within CHARTER zones and only as

15 specified in the endorsed plan.

16 NEW SECTION. Sec. 22. A new section is added to chapter 28A.193

17 RCW to read as follows:

18 A school district with an CHARTER school or an CHARTER zone

19 endorsed by the state board of education under section 6 of this act is

20 subject to the requirements of this chapter and related rules unless a

21 waiver is included in the CHARTER school plan or CHARTER zone

22 plan. A waiver provided under section 7 of this act from the

23 requirements of this chapter and related rules applies only to the

24 CHARTER schools or schools within CHARTER zones and only as

25 specified in the endorsed plan.

26 NEW SECTION. Sec. 23. A new section is added to chapter 28A.194

27 RCW to read as follows:

28 A school district with an CHARTER school or an CHARTER zone

29 endorsed by the state board of education under section 6 of this act is

30 subject to the requirements of this chapter and related rules unless a

31 waiver is included in the CHARTER school plan or CHARTER zone

32 plan. A waiver provided under section 7 of this act from the

33 requirements of this chapter and related rules applies only to the

34 CHARTER schools or schools within CHARTER zones and only as

35 specified in the endorsed plan.

p. 17 HB 1546

1 NEW SECTION. Sec. 24. A new section is added to chapter 28A.215

2 RCW to read as follows:

3 A school district with an CHARTER school or an CHARTER zone

4 endorsed by the state board of education under section 6 of this act is

5 subject to the requirements of this chapter and related rules unless a

6 waiver is included in the CHARTER school plan or CHARTER zone

7 plan. A waiver provided under section 7 of this act from the

8 requirements of this chapter and related rules applies only to the

9 CHARTER schools or schools within CHARTER zones and only as

10 specified in the endorsed plan.

11 NEW SECTION. Sec. 25. A new section is added to chapter 28A.220

12 RCW to read as follows:

13 A school district with an CHARTER school or an CHARTER zone

14 endorsed by the state board of education under section 6 of this act is

15 subject to the requirements of this chapter and related rules unless a

16 waiver is included in the CHARTER school plan or CHARTER zone

17 plan. A waiver provided under section 7 of this act from the

18 requirements of this chapter and related rules applies only to the

19 CHARTER schools or schools within CHARTER zones and only as

20 specified in the endorsed plan.

21 NEW SECTION. Sec. 26. A new section is added to chapter 28A.225

22 RCW to read as follows:

23 A school district with an CHARTER school or an CHARTER zone

24 endorsed by the state board of education under section 6 of this act is

25 subject to the requirements of this chapter and related rules unless a

26 waiver is included in the CHARTER school plan or CHARTER zone

27 plan. A waiver provided under section 7 of this act from the

28 requirements of this chapter and related rules applies only to the

29 CHARTER schools or schools within CHARTER zones and only as

30 specified in the endorsed plan.

31 NEW SECTION. Sec. 27. A new section is added to chapter 28A.230

32 RCW to read as follows:

33 A school district with an CHARTER school or an CHARTER zone

34 endorsed by the state board of education under section 6 of this act is

35 subject to the requirements of this chapter and related rules unless a

HB 1546 p. 18

1 waiver is included in the CHARTER school plan or CHARTER zone

2 plan. A waiver provided under section 7 of this act from the

3 requirements of this chapter and related rules applies only to the

4 CHARTER schools or schools within CHARTER zones and only as

5 specified in the endorsed plan.

6 NEW SECTION. Sec. 28. A new section is added to chapter 28A.235

7 RCW to read as follows:

8 A school district with an CHARTER school or an CHARTER zone

9 endorsed by the state board of education under section 6 of this act is

10 subject to the requirements of this chapter and related rules unless a

11 waiver is included in the CHARTER school plan or CHARTER zone

12 plan. A waiver provided under section 7 of this act from the

13 requirements of this chapter and related rules applies only to the

14 CHARTER schools or schools within CHARTER zones and only as

15 specified in the endorsed plan.

16 NEW SECTION. Sec. 29. A new section is added to chapter 28A.245

17 RCW to read as follows:

18 A school district with an CHARTER school or an CHARTER zone

19 endorsed by the state board of education under section 6 of this act is

20 subject to the requirements of this chapter and related rules unless a

21 waiver is included in the CHARTER school plan or CHARTER zone

22 plan. A waiver provided under section 7 of this act from the

23 requirements of this chapter and related rules applies only to the

24 CHARTER schools or schools within CHARTER zones and only as

25 specified in the endorsed plan.

26 NEW SECTION. Sec. 30. A new section is added to chapter 28A.250

27 RCW to read as follows:

28 A school district with an CHARTER school or an CHARTER zone

29 endorsed by the state board of education under section 6 of this act is

30 subject to the requirements of this chapter and related rules unless a

31 waiver is included in the CHARTER school plan or CHARTER zone

32 plan. A waiver provided under section 7 of this act from the

33 requirements of this chapter and related rules applies only to the

34 CHARTER schools or schools within CHARTER zones and only as

35 specified in the endorsed plan.

p. 19 HB 1546

1 NEW SECTION. Sec. 31. A new section is added to chapter 28A.300

2 RCW to read as follows:

3 A school district with an CHARTER school or an CHARTER zone

4 endorsed by the state board of education under section 6 of this act is

5 subject to the requirements of this chapter and related rules unless a

6 waiver is included in the CHARTER school plan or CHARTER zone

7 plan. A waiver provided under section 7 of this act from the

8 requirements of this chapter and related rules applies only to the

9 CHARTER schools or schools within CHARTER zones and only as

10 specified in the endorsed plan.

11 NEW SECTION. Sec. 32. A new section is added to chapter 28A.305

12 RCW to read as follows:

13 A school district with an CHARTER school or an CHARTER zone

14 endorsed by the state board of education under section 6 of this act is

15 subject to the requirements of this chapter and related rules unless a

16 waiver is included in the CHARTER school plan or CHARTER zone

17 plan. A waiver provided under section 7 of this act from the

18 requirements of this chapter and related rules applies only to the

19 CHARTER schools or schools within CHARTER zones and only as

20 specified in the endorsed plan.

21 NEW SECTION. Sec. 33. A new section is added to chapter 28A.320

22 RCW to read as follows:

23 A school district with an CHARTER school or an CHARTER zone

24 endorsed by the state board of education under section 6 of this act is

25 subject to the requirements of this chapter and related rules unless a

26 waiver is included in the CHARTER school plan or CHARTER zone

27 plan. A waiver provided under section 7 of this act from the

28 requirements of this chapter and related rules applies only to the

29 CHARTER schools or schools within CHARTER zones and only as

30 specified in the endorsed plan.

31 NEW SECTION. Sec. 34. A new section is added to chapter 28A.325

32 RCW to read as follows:

33 A school district with an CHARTER school or an CHARTER zone

34 endorsed by the state board of education under section 6 of this act is

35 subject to the requirements of this chapter and related rules unless a

HB 1546 p. 20

1 waiver is included in the CHARTER school plan or CHARTER zone

2 plan. A waiver provided under section 7 of this act from the

3 requirements of this chapter and related rules applies only to the

4 CHARTER schools or schools within CHARTER zones and only as

5 specified in the endorsed plan.

6 NEW SECTION. Sec. 35. A new section is added to chapter 28A.335

7 RCW to read as follows:

8 A school district with an CHARTER school or an CHARTER zone

9 endorsed by the state board of education under section 6 of this act is

10 subject to the requirements of this chapter and related rules unless a

11 waiver is included in the CHARTER school plan or CHARTER zone

12 plan. A waiver provided under section 7 of this act from the

13 requirements of this chapter and related rules applies only to the

14 CHARTER schools or schools within CHARTER zones and only as

15 specified in the endorsed plan.

16 NEW SECTION. Sec. 36. A new section is added to chapter 28A.340

17 RCW to read as follows:

18 A school district with an CHARTER school or an CHARTER zone

19 endorsed by the state board of education under section 6 of this act is

20 subject to the requirements of this chapter and related rules unless a

21 waiver is included in the CHARTER school plan or CHARTER zone

22 plan. A waiver provided under section 7 of this act from the

23 requirements of this chapter and related rules applies only to the

24 CHARTER schools or schools within CHARTER zones and only as

25 specified in the endorsed plan.

26 NEW SECTION. Sec. 37. A new section is added to chapter 28A.345

27 RCW to read as follows:

28 A school district with an CHARTER school or an CHARTER zone

29 endorsed by the state board of education under section 6 of this act is

30 subject to the requirements of this chapter and related rules unless a

31 waiver is included in the CHARTER school plan or CHARTER zone

32 plan. A waiver provided under section 7 of this act from the

33 requirements of this chapter and related rules applies only to the

34 CHARTER schools or schools within CHARTER zones and only as

35 specified in the endorsed plan.

p. 21 HB 1546

1 NEW SECTION. Sec. 38. A new section is added to chapter 28A.400

2 RCW to read as follows:

3 A school district with an CHARTER school or an CHARTER zone

4 endorsed by the state board of education under section 6 of this act is

5 subject to the requirements of this chapter and related rules unless a

6 waiver is included in the CHARTER school plan or CHARTER zone

7 plan. A waiver provided under section 7 of this act from the

8 requirements of this chapter and related rules applies only to the

9 CHARTER schools or schools within CHARTER zones and only as

10 specified in the endorsed plan.

11 NEW SECTION. Sec. 39. A new section is added to chapter 28A.405

12 RCW to read as follows:

13 A school district with an CHARTER school or an CHARTER zone

14 endorsed by the state board of education under section 6 of this act is

15 subject to the requirements of this chapter and related rules unless a

16 waiver is included in the CHARTER school plan or CHARTER zone

17 plan. A waiver provided under section 7 of this act from the

18 requirements of this chapter and related rules applies only to the

19 CHARTER schools or schools within CHARTER zones and only as

20 specified in the endorsed plan.

21 NEW SECTION. Sec. 40. A new section is added to chapter 28A.410

22 RCW to read as follows:

23 A school district with an CHARTER school or an CHARTER zone

24 endorsed by the state board of education under section 6 of this act is

25 subject to the requirements of this chapter and related rules unless a

26 waiver is included in the CHARTER school plan or CHARTER zone

27 plan. A waiver provided under section 7 of this act from the

28 requirements of this chapter and related rules applies only to the

29 CHARTER schools or schools within CHARTER zones and only as

30 specified in the endorsed plan.

31 NEW SECTION. Sec. 41. A new section is added to chapter 28A.415

32 RCW to read as follows:

33 A school district with an CHARTER school or an CHARTER zone

34 endorsed by the state board of education under section 6 of this act is

35 subject to the requirements of this chapter and related rules unless a

HB 1546 p. 22

1 waiver is included in the CHARTER school plan or CHARTER zone

2 plan. A waiver provided under section 7 of this act from the

3 requirements of this chapter and related rules applies only to the

4 CHARTER schools or schools within CHARTER zones and only as

5 specified in the endorsed plan.

6 NEW SECTION. Sec. 42. A new section is added to chapter 28A.600

7 RCW to read as follows:

8 A school district with an CHARTER school or an CHARTER zone

9 endorsed by the state board of education under section 6 of this act is

10 subject to the requirements of this chapter and related rules unless a

11 waiver is included in the CHARTER school plan or CHARTER zone

12 plan. A waiver provided under section 7 of this act from the

13 requirements of this chapter and related rules applies only to the

14 CHARTER schools or schools within CHARTER zones and only as

15 specified in the endorsed plan.

16 NEW SECTION. Sec. 43. A new section is added to chapter 28A.605

17 RCW to read as follows:

18 A school district with an CHARTER school or an CHARTER zone

19 endorsed by the state board of education under section 6 of this act is

20 subject to the requirements of this chapter and related rules unless a

21 waiver is included in the CHARTER school plan or CHARTER zone

22 plan. A waiver provided under section 7 of this act from the

23 requirements of this chapter and related rules applies only to the

24 CHARTER schools or schools within CHARTER zones and only as

25 specified in the endorsed plan.

26 NEW SECTION. Sec. 44. A new section is added to chapter 28A.620

27 RCW to read as follows:

28 A school district with an CHARTER school or an CHARTER zone

29 endorsed by the state board of education under section 6 of this act is

30 subject to the requirements of this chapter and related rules unless a

31 waiver is included in the CHARTER school plan or CHARTER zone

32 plan. A waiver provided under section 7 of this act from the

33 requirements of this chapter and related rules applies only to the

34 CHARTER schools or schools within CHARTER zones and only as

35 specified in the endorsed plan.

p. 23 HB 1546

1 NEW SECTION. Sec. 45. A new section is added to chapter 28A.623

2 RCW to read as follows:

3 A school district with an CHARTER school or an CHARTER zone

4 endorsed by the state board of education under section 6 of this act is

5 subject to the requirements of this chapter and related rules unless a

6 waiver is included in the CHARTER school plan or CHARTER zone

7 plan. A waiver provided under section 7 of this act from the

8 requirements of this chapter and related rules applies only to the

9 CHARTER schools or schools within CHARTER zones and only as

10 specified in the endorsed plan.

11 NEW SECTION. Sec. 46. A new section is added to chapter 28A.625

12 RCW to read as follows:

13 A school district with an CHARTER school or an CHARTER zone

14 endorsed by the state board of education under section 6 of this act is

15 subject to the requirements of this chapter and related rules unless a

16 waiver is included in the CHARTER school plan or CHARTER zone

17 plan. A waiver provided under section 7 of this act from the

18 requirements of this chapter and related rules applies only to the

19 CHARTER schools or schools within CHARTER zones and only as

20 specified in the endorsed plan.

21 NEW SECTION. Sec. 47. A new section is added to chapter 28A.630

22 RCW to read as follows:

23 A school district with an CHARTER school or an CHARTER zone

24 endorsed by the state board of education under section 6 of this act is

25 subject to the requirements of this chapter and related rules unless a

26 waiver is included in the CHARTER school plan or CHARTER zone

27 plan. A waiver provided under section 7 of this act from the

28 requirements of this chapter and related rules applies only to the

29 CHARTER schools or schools within CHARTER zones and only as

30 specified in the endorsed plan.

31 NEW SECTION. Sec. 48. A new section is added to chapter 28A.635

32 RCW to read as follows:

33 A school district with an CHARTER school or an CHARTER zone

34 endorsed by the state board of education under section 6 of this act is

35 subject to the requirements of this chapter and related rules unless a

HB 1546 p. 24

1 waiver is included in the CHARTER school plan or CHARTER zone

2 plan. A waiver provided under section 7 of this act from the

3 requirements of this chapter and related rules applies only to the

4 CHARTER schools or schools within CHARTER zones and only as

5 specified in the endorsed plan.

6 NEW SECTION. Sec. 49. A new section is added to chapter 28A.650

7 RCW to read as follows:

8 A school district with an CHARTER school or an CHARTER zone

9 endorsed by the state board of education under section 6 of this act is

10 subject to the requirements of this chapter and related rules unless a

11 waiver is included in the CHARTER school plan or CHARTER zone

12 plan. A waiver provided under section 7 of this act from the

13 requirements of this chapter and related rules applies only to the

14 CHARTER schools or schools within CHARTER zones and only as

15 specified in the endorsed plan.

16 NEW SECTION. Sec. 50. A new section is added to chapter 28A.655

17 RCW to read as follows:

18 A school district with an CHARTER school or an CHARTER zone

19 endorsed by the state board of education under section 6 of this act is

20 subject to the requirements of this chapter and related rules unless a

21 waiver is included in the CHARTER school plan or CHARTER zone

22 plan. A waiver provided under section 7 of this act from the

23 requirements of this chapter and related rules applies only to the

24 CHARTER schools or schools within CHARTER zones and only as

25 specified in the endorsed plan.

26 NEW SECTION. Sec. 51. A new section is added to chapter 28A.700

27 RCW to read as follows:

28 A school district with an CHARTER school or an CHARTER zone

29 endorsed by the state board of education under section 6 of this act is

30 subject to the requirements of this chapter and related rules unless a

31 waiver is included in the CHARTER school plan or CHARTER zone

32 plan. A waiver provided under section 7 of this act from the

33 requirements of this chapter and related rules applies only to the

34 CHARTER schools or schools within CHARTER zones and only as

35 specified in the endorsed plan.

p. 25 HB 1546

1 NEW SECTION. Sec. 52. If any provision of this act or its

2 application to any person or circumstance is held invalid, the

3 remainder of the act or the application of the provision to other

4 persons or circumstances is not affected.

5 NEW SECTION. Sec. 53. If any part of this act is found to be in

6 conflict with federal requirements that are a prescribed condition to

7 the allocation of federal funds to the state, the conflicting part of

8 this act is inoperative solely to the extent of the conflict and with

9 respect to the agencies directly affected, and this finding does not

10 affect the operation of the remainder of this act in its application to

11 the agencies concerned. Rules adopted under this act must meet federal

12 requirements that are a necessary condition to the receipt of federal

13 funds by the state.

14 NEW SECTION. Sec. 54. Sections 2 through 10 of this act

15 constitute a new chapter in Title 28A RCW.

— END —

HB 1546 p. 26

–Sue P.