RCW ch. 28A.300 — Revised Code of Washington Chapter 28A.300 RCW — Superintendent Of Public Instruction

RCW 28A.300.010 Election—Term of office. A superintendent of public instruction shall be elected by the qualified electors of the state, on the first Tuesday after the first Monday in November of the year in which state officers are elected, and shall hold his or her office for the term of four years, and until his or her successor is elected and qualified. [ 1990 c 33 s 250; 1969 ex.s. c 223 s 28A.03.010. Prior: 1909 c 97 p 231 s 1; RRS s 4521; prior: 1897 c 118 s 20; 1891 c 127 s 1; 1890 p 348 s 3; Code 1881 s 3154; 1873 p 419 s 1; 1861 p 55 s 1. Formerly RCW 28A.03.010, 28.03.010, 43.11.010.] RCW 28A.300.020 Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel. The superintendent of public instruction may appoint assistant superintendents of public instruction, a deputy superintendent of public instruction, and may employ such other assistants and clerical help as are necessary to carry out the duties of the superintendent and the state board of education. However, the superintendent shall employ without undue delay the executive director of the state board of education and other state board of education office assistants and clerical help, appointed by the state board under RCW 28A.305.130, whose positions are allotted and funded in accordance with moneys appropriated exclusively for the operation of the state board of education. The rate of compensation and termination of any such executive director, state board office assistants, and clerical help shall be subject to the prior consent of the state board of education. The assistant superintendents, deputy superintendent, and such other officers and employees as are exempted from the provisions of chapter 41.06 RCW, shall serve at the pleasure of the superintendent or at the pleasure of the superintendent and the state board of education as provided in this section. Expenditures by the superintendent of public instruction for direct and indirect support of the state board of education are valid operational expenditures by and in behalf of the office of the superintendent of public instruction. [ 2005 c 497 s 403; 1996 c 25 s 2; 1969 ex.s. c 223 s 28A.03.020. Prior: 1967 c 158 s 3; 1909 c 97 p 234 s 4; RRS s 4524; prior: 1905 c 56 s 1; 1903 c 104 s 10; 1897 c 118 s 23; 1890 p 351 s 5. Formerly RCW 28A.03.020, 28.03.020, 43.11.020.] NOTES: Intent— RCW 28A.300.030 Assistance of educational service district boards and superintendents—Scope. The superintendent of public instruction, by rule or regulation, may require the assistance of educational service district boards and/or superintendents in the performance of any duty, authority, or power imposed upon or granted to the superintendent of public instruction by law or by the Constitution of the state of Washington, upon such terms and conditions as the superintendent of public instruction shall establish. Such authority to assist the superintendent of public instruction shall be limited to the service function of information collection and dissemination and the attestment to the accuracy and completeness of submitted information. [ 1975 1st ex.s. c 275 s 46; 1971 ex.s. c 282 s 29. Formerly RCW 28A.03.028.] NOTES: Severability— RCW 28A.300.035 Assistance of certificated or classified employee—Reimbursement for substitute. If the superintendent of public instruction, the Washington professional educator standards board, or the state board of education, in carrying out their powers and duties under Title 28A RCW, request the service of any certificated or classified employee of a school district upon any committee formed for the purpose of furthering education within the state, or within any school district therein, and such service would result in a need for a school district to employ a substitute for such certificated or classified employee during such service, payment for such a substitute may be made by the superintendent of public instruction from funds appropriated by the legislature for the current use of the common schools and such payments shall be construed as amounts needed for state support to the common schools under RCW 28A.150.380. If such substitute is paid by the superintendent of public instruction, no deduction shall be made from the salary of the certificated or classified employee. In no event shall a school district deduct from the salary of a certificated or classified employee serving on such committee more than the amount paid the substitute employed by the district. [ 2017 c 17 s 1; 1994 c 113 s 1; 1990 c 33 s 147; 1973 1st ex.s. c 3 s 1. Formerly RCW 28A.160.220, 28A.41.180.] RCW 28A.300.039 Condensed compliance reports—Second-class districts. 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 19.] NOTES: Conflict with federal requirements— RCW 28A.300.040 Powers and duties. In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be: (1) To have supervision over all matters pertaining to the public schools of the state; (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools; (3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents; (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, and of consulting educational service district superintendents or other school officials; (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be made available online and which shall be sold at approximate actual cost of publication and distribution per volume to public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine; (6) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to; (7) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager, or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct; (8) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state; (9) To issue certificates as provided by law; (10) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education; (11) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction; (12) To administer oaths and affirmations in the discharge of the superintendent's official duties; (13) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office; (14) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025; (15) To promote the adoption of school-based curricula and policies that provide quality, daily physical education for all students, and to encourage policies that provide all students with opportunities for physical activity outside of formal physical education classes; (16) To ensure the effective delivery and administration of basic education services to justice-involved students and to improve their educational outcomes, both as required by RCW 28A.190.150; and (17) To perform such other duties as may be required by law. [ 2025 c 70 s 1; 2023 c 303 s 3; 2011 1st sp.s. c 43 s 302; 2009 c 556 s 10; 2006 c 263 s 104; 2005 c 360 s 6; 1999 c 348 s 6; 1992 c 198 s 6; 1991 c 116 s 2; 1990 c 33 s 251; 1982 c 160 s 2; 1981 c 249 s 1; 1977 c 75 s 17; 1975 1st ex.s. c 275 s 47; 1971 ex.s. c 100 s 1; 1969 ex.s. c 176 s 102; 1969 ex.s. c 223 s 28A.03.030. Prior: 1967 c 158 s 4; 1909 c 97 p 231 s 3; RRS s 4523; prior: 1907 c 240 s 1; 1903 c 104 s 9; 1901 c 177 s 5; 1901 c 41 s 1; 1899 c 142 s 4; 1897 c 118 s 22; 1891 c 127 ss 1, 2; 1890 pp 348-351 ss 3, 4; Code 1881 ss 3155-3160; 1873 p 419 ss 2-6; 1861 p 55 ss 2, 3, 4. Formerly RCW 28A.03.030, 28.03.030, 43.11.030.] NOTES: Findings— RCW 28A.300.0401 School district fiscal notes. (1) The office of the superintendent of public instruction shall, where it is practicable to do so within available resources, prepare school district fiscal notes on proposed legislation that increases or decreases, or tends to increase or decrease, school district revenues or expenditures in a manner that uniquely affects school districts. Proposed legislation that uniquely affects school districts includes, but is not limited to, legislation that affects school districts' responsibilities as providers of educational services under this title, as employers under chapter 41.59 RCW, or as excess levy taxing authorities under RCW 84.52.053 and 84.52.0531, but excludes proposed legislation that affects school districts only in the same manner that it affects other units of local government. (2) Where practicable, the school district fiscal note shall show the fiscal impact of the proposed legislation on each school district. Where it is not practicable to do so, the school district fiscal note shall show the effect of the legislation on a range of representative school districts. The fiscal note must set forth any assumptions that were used in selecting the representative districts, along with any other assumptions made about the fiscal impact. (3) School district fiscal notes prepared under this section are subject to coordination by the office of financial management under RCW 43.88A.020 and are otherwise subject to the requirements and procedures of chapter 43.88A RCW. [ 2011 c 140 s 3.] RCW 28A.300.041 Statewide student assessment system—Redesign—Reports to the legislature. (1) The legislature finds that a statewide student assessment system should improve and inform classroom instruction, support accountability, and provide useful information to all levels of the educational system, including students, parents, teachers, schools, school districts, and the state. The legislature intends to redesign the current statewide system, in accordance with the recommendations of the Washington assessment of student learning legislative work group, to: (a) Include multiple assessment formats, including both formative and summative, as necessary to provide information to help improve instruction and inform accountability; (b) Enable collection of data that allows both statewide and nationwide comparisons of student learning and achievement; and (c) Be balanced so that the information used to make significant decisions that affect school accountability or student educational progress includes many data points and does not rely on solely the results of a single assessment. (2) The legislature further finds that one component of the assessment system should be instructionally supportive formative assessments. The key design elements or characteristics of an instructionally supportive assessment must: (a) Be aligned to state standards in areas that are being assessed; (b) Measure student growth and competency at multiple points throughout the year in a manner that allows instructors to monitor student progress and have the necessary trend data with which to improve instruction; (c) Provide rapid feedback; (d) Link student growth with instructional elements in order to gauge the effectiveness of educators and curricula; (e) Provide tests that are appropriate to the skill level of the student; (f) Support instruction for students of all abilities, including highly capable students and students with learning disabilities; (g) Be culturally, linguistically, and cognitively relevant, appropriate, and understandable to each student taking the assessment; (h) Inform parents and draw parents into greater participation of the student's study plan; (i) Provide a way to analyze the assessment results relative to characteristics of the student such as, but not limited to, English language learners, gender, ethnicity, poverty, age, and disabilities; (j) Strive to be computer-based and adaptive; and (k) Engage students in their learning. (3) The legislature further finds that a second component of the assessment system should be a state-administered summative achievement assessment that can be used as a check on the educational system in order to guide state expectations for the instruction of children and satisfy legislative demands for accountability. The key design elements or characteristics of the state administered achievement assessment must: (a) Be aligned to state standards in areas that are being assessed; (b) Maintain and increase academic rigor; (c) Measure student learning growth over years; and (d) Strengthen curriculum. (4) The legislature further finds that a third component of the assessment system should include classroom-based assessments, which may be formative, summative, or both. Depending on their use, classroom-based assessments should have the same design elements and characteristics described in this section for formative and summative assessments. (5) The legislature further finds that to sustain a strong and viable assessment system, preservice and ongoing training should be provided for teachers and administrators on the effective use of different types of assessments. (6) The legislature further finds that as the statewide data system is developed, data should be collected for all state-required statewide assessments to be used for accountability and to monitor overall student achievement. (7) The superintendent of public instruction, in consultation with the state board of education, shall begin design and development of an overall assessment system that meets the principles and characteristics described in this section. In designing formative and summative assessments, the superintendent shall solicit bids for the use of computerized adaptive testing methodologies. (8) Beginning December 1, 2009, and annually thereafter, the superintendent and state board shall jointly report to the legislature regarding the assessment system, including a cost analysis of any changes and costs to expand availability and use of instructionally supportive formative assessments. [ 2009 c 310 s 1.] RCW 28A.300.042 Collection and submittal of student-level data—Student data-related reports—Disaggregation of data by subgroups—Modification of statewide student data systems. (1) The superintendent of public instruction must collect and school districts must submit all student-level data using the United States department of education 2007 race and ethnicity reporting guidelines, including the subracial and subethnic categories within those guidelines, with the following modifications: (a) Further disaggregation of the Black category to differentiate students of African origin and students native to the United States with African ancestors; (b) Further disaggregation of countries of origin for Asian students; (c) Further disaggregation of the White category to include subethnic categories for Eastern European nationalities that have significant populations in Washington; and (d) For students who report as multiracial, collection of their racial and ethnic combination of categories. (2) Beginning with the 2017-18 school year, school districts shall collect student-level data as provided in subsection (1) of this section for all newly enrolled students, including transfer students. When the students enroll in a different school within the district, school districts shall resurvey the newly enrolled students for whom subracial and subethnic categories were not previously collected. School districts may resurvey other students. (3) All student data-related reports required of the superintendent of public instruction in this title must be disaggregated by at least the following subgroups of students: White, Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, low income, highly capable, transitional bilingual, migrant, special education, and students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794). (4) All student data-related reports prepared by the superintendent of public instruction regarding student suspensions and expulsions as required under this title are subject to disaggregation by subgroups including: (a) Gender; (b) Foster care; (c) Homeless, if known; (d) School district; (e) School; (f) Grade level; (g) Behavior infraction code, including: (i) Bullying; (ii) Tobacco; (iii) Alcohol; (iv) Illicit drug; (v) Fighting without major injury; (vi) Violence without major injury; (vii) Violence with major injury; (viii) Possession of a weapon; and (ix) Other behavior resulting from a short-term or long-term suspension, expulsion, or interim alternative education setting intervention; (h) Intervention applied, including: (i) Short-term suspension; (ii) Long-term suspension; (iii) Emergency removal; (iv) Expulsion; (v) Interim alternative education settings; (vi) No intervention applied; and (vii) Other intervention applied that is not described in this subsection (4)(h); (i) Number of days a student is suspended or expelled, to be counted in half or full days; and (j) Any other categories added at a future date by the data governance group. (5) All student data-related reports required of the superintendent of public instruction regarding student suspensions and expulsions as required in RCW 28A.300.046 are subject to cross-tabulation at a minimum by the following: (a) School and district; (b) Race, low income, highly capable, special education, transitional bilingual, migrant, foster care, homeless, students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794), and categories to be added in the future; (c) Behavior infraction code; and (d) Intervention applied. (6) The K-12 data governance group shall develop the data protocols and guidance for school districts in the collection of data as required under this section, and the office of the superintendent of public instruction shall modify the statewide student data system as needed. The office of the superintendent of public instruction shall also incorporate training for school staff on best practices for collection of data under this section in other training or professional development related to data provided by the office. [ 2023 c 265 s 6; 2023 c 242 s 8; 2016 c 72 s 501; 2013 2nd sp.s. c 18 s 307; 2009 c 468 s 4.] NOTES: Reviser's note: RCW 28A.300.045 Pupil tests and records—Rules. The superintendent of public instruction shall adopt rules relating to pupil tests and records. [ 2006 c 263 s 704.] NOTES: Findings— RCW 28A.300.046 "Student absence from school"—Rules—Collection of attendance and discipline data. (1)(a) The superintendent of public instruction shall adopt rules establishing a standard definition of student absence from school. By the beginning of the 2022-23 school year, the rules must categorize an absence for a mental health reason as an excused absence due to illness, health condition, or medical appointment. (b) In developing the rules, the superintendent shall review current practices in Washington school districts, definitions used in other states, and any national standards or definitions used by the national center for education statistics or other national groups. Prior to filing notice of the rules under RCW 34.05.320, the superintendent shall consult with the graduation: a team effort partnership advisory committee established under RCW 28A.175.075 and a student advisory group with membership as described in (c) of this subsection. (c) The superintendent shall develop and publish guidelines for public schools to implement the definition of student absence from school adopted under this section. The superintendent must consider including guidance for schools to integrate their responses to student excused absences for physical and mental health into their support systems for student well-being. In developing the guidelines, the superintendent shall consult with a student advisory group whose members are directly impacted by student absence rules and policies and who represent the diversity of the public school population, including diversity in gender identity, family income, race and ethnicity, and geography, among other characteristics. The advisory group must also include a member of the legislative youth advisory council appointed by the lieutenant governor. (d) Using the definition of student absence adopted under this section, the superintendent shall establish an indicator for measuring student attendance in high schools for purposes of the PASS program under RCW 28A.175.130. (2)(a) The K-12 data governance group under RCW 28A.300.507 shall establish the parameters and an implementation schedule for statewide collection through the comprehensive education and data research system of: (i) Student attendance data using the definitions of student absence adopted under this section; and (ii) student discipline data with a focus on suspensions and expulsions from school. (b) Student suspension and expulsion data collected for the purposes of this subsection (2) must be: (i) Made publicly available and easily accessible on the superintendent of public instruction's website; and (ii) Disaggregated and cross-tabulated as established under RCW 28A.300.042. (c) School districts must collect and submit student attendance data and student discipline data for high school students through the comprehensive education and data research system for purposes of the PASS program under RCW 28A.175.130 beginning in the 2012-13 school year. [ 2022 c 31 s 2; 2013 2nd sp.s. c 18 s 306; 2011 c 288 s 10.] NOTES: Finding— RCW 28A.300.050 Assistance to professional educator standards board for activities involving professional educator excellence. The superintendent of public instruction shall provide technical assistance to the professional educator standards board in the conduct of the activities described in RCW 28A.410.040 and 28A.410.050. [ 2006 c 263 s 819; 1990 c 33 s 252; 1987 c 525 s 227. Formerly RCW 28A.03.375.] NOTES: Findings— RCW 28A.300.060 Studies and adoption of classifications for school district budgets—Publication. The superintendent of public instruction and the state auditor jointly, and in cooperation with the senate and house committees on education, shall conduct appropriate studies and adopt classifications or revised classifications under RCW 28A.505.100, defining what expenditures shall be charged to each budget class including administration. The studies and classifications shall be published in the form of a manual or revised manual, suitable for use by the governing bodies of school districts, by the superintendent of public instruction, and by the legislature. [ 1991 c 116 s 3; 1990 c 33 s 253; 1975-'76 2nd ex.s. c 118 s 23; 1975 1st ex.s. c 5 s 1. Formerly RCW 28A.03.350.] NOTES: Severability— RCW 28A.300.065 Classification and numbering system of school districts. (1) The superintendent of public instruction is responsible for the classification and numbering system of school districts. (2) Any school district in the state that has a student enrollment in its public schools of two thousand pupils or more, as shown by evidence acceptable to the educational service district superintendent and the superintendent of public instruction, is a school district of the first class. Any other school district is a school district of the second class. (3) Whenever the educational service district superintendent finds that the classification of a school district should be changed, and upon the approval of the superintendent of public instruction, the educational service district superintendent shall make an order in conformity with his or her findings and alter the records of his or her office accordingly. Thereafter, the board of directors of the district shall organize in the manner provided by law for the organization of the board of a district of the class to which the district then belongs. (4) Notwithstanding any other provision of chapter 43, Laws of 1975, the educational service district superintendent, with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any school district for a period not exceeding three years when, in fact, the student enrollment of the district within any such time period does not exceed ten percent, either in a decrease or increase thereof. [ 1999 c 315 s 202.] RCW 28A.300.070 Receipt of federal funds for school purposes—Superintendent of public instruction to administer. The state of Washington and/or any school district is hereby authorized to receive federal funds made or hereafter made available by acts of congress for the assistance of school districts in providing physical facilities and/or maintenance and operation of schools, or for any other educational purpose, according to provisions of such acts, and the state superintendent of public instruction shall represent the state in the receipt and administration of such funds. [ 1969 ex.s. c 223 s 28A.02.100. Prior: 1943 c 220 s 4; Rem. Supp. 1943 s 5109-4. Formerly RCW 28A.02.100, 28.02.100.] RCW 28A.300.071 Posting of complaint resolution and referral access point. The office of the superintendent of public instruction shall post on its website a prominent link to the complaint resolution and referral access point maintained by the office of the education ombuds, described in RCW 43.06B.070. [ 2024 c 219 s 2.] RCW 28A.300.0711 Willful noncompliance with state law—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.300.0712 through 28A.300.0714. (1) "Broad complaint" means a complaint that impacts an entire student body, an entire subgroup of students within a student body, an entire school, or an entire school district. (2) "Limited complaint" means a complaint that impacts one or more individual students. (3) "Negligent" means the failure to exercise ordinary care by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, and the actor knew or reasonably should have known that the failure to exercise ordinary care would result in noncompliance with state law as defined in this section. (4) "Noncompliance with state law" means action or inaction by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, that results in noncompliance with the following state laws, which are intended to ensure academic rights and protections for students in the educational environment: (a) State civil rights and nondiscrimination, including the nondiscrimination and sexual equality laws and model policy and procedure requirements related to protecting students' rights as established in chapters 28A.640 and 28A.642 RCW; (b) "Harassment, intimidation, or bullying" requirements as established in RCW 28A.600.477; (c) Curriculum requirements as described in RCW 28A.150.230, 28A.300.475, and 28A.320.170; the policies and procedures related to the selection or deletion of instructional materials required in RCW 28A.320.230; and the review and removal of supplemental instructional materials required in RCW 28A.320.235; (d) The use of restraint or isolation on a student as described in RCW 28A.600.485; or (e) Student discipline as described in chapter 28A.600 RCW. (5) "Willful" means nonaccidental action or inaction by a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors, that the actor knew or reasonably should have known would result in noncompliance with state law. [ 2025 c 369 s 302.] NOTES: Rule-making authority— RCW 28A.300.0712 Willful noncompliance with state law—Complaint process. (1) By July 1, 2026, the office of the superintendent of public instruction must establish a process to investigate and secure equitable resolutions for two types of complaints alleging willful noncompliance with the state laws listed in RCW 28A.300.0711(4): (a) Limited complaints; and (b) Broad complaints. (2)(a)(i) Any student who is enrolled in the school district or any parent or legal guardian who has a student enrolled in the school district may file a limited or broad complaint with the office of the superintendent of public instruction alleging willful noncompliance with a state law listed in RCW 28A.300.0711(4). (ii) Anyone residing within the boundaries of the school district may file a broad complaint with the office of the superintendent of public instruction alleging willful noncompliance with a state law listed in RCW 28A.300.0711(4). (b) Limited and broad complaints may be filed against a local school district superintendent, a local school district board of directors, or an individual member or members of a board of directors. (c) Before a person may file a complaint with the office of the superintendent of public instruction, the person must exhaust available complaint procedures, if such procedures exist, including procedures established under state law including, but not limited to, RCW 28A.320.124, 28A.320.230, 28A.410.090, 28A.600.477, 28A.640.020, and 28A.642.030, and local policy and procedure. If there are no complaint procedures available, the person who intends to file the complaint must provide notice of the complaint to the local school district superintendent before filing the complaint with the office of the superintendent of public instruction. (3)(a) The office of the superintendent of public instruction must adopt rules that ensure due process regarding the complaint process, timelines, compliance action plans, and consequences established under this section and RCW 28A.300.0713 and 28A.300.0714. (b)(i) The office of the superintendent of public instruction must consult with the state board of education to build a connection between the rules adopted under this subsection and the state board of education's rules on basic education compliance established under RCW 28A.150.220 for complaints regarding willful noncompliance with curriculum requirements as described in RCW 28A.300.0711(4)(c). (ii) The office of the superintendent of public instruction must consult with the office of the education ombuds about how to include the complaint process established under this section into the simple and uniform access point for the receipt of complaints created under RCW 43.06B.070. (c) The office of the superintendent of public instruction may adopt rules to expedite the investigation of complaints related to an immediate health or safety concern. (d) The office of the superintendent of public instruction may not take action against a school district or school district superintendent under the provisions established in RCW 28A.300.0714 unless there is evidence that the school district superintendent, school district board of directors, or individual member or members of a board of directors acted in a willful manner or the school district has received a second notice of continued noncompliance. [ 2025 c 369 s 303.] NOTES: Rule-making authority— RCW 28A.300.0713 Willful noncompliance with state law—Investigation and determination—Compliance action plans. (1)(a) Upon receipt of a complaint filed under RCW 28A.300.0712, the office of the superintendent of public instruction must make an initial determination as to whether the complaint reasonably contains enough facts to allege noncompliance with state law as defined in RCW 28A.300.0711 and whether other available complaint procedures have been exhausted as required by RCW 28A.300.0712. (b) If the requirements in (a) of this subsection are met, the office of the superintendent of public instruction shall conduct a full investigation of the allegations in the complaint. (c) If the requirements in (a) of this subsection are not met, the office of the superintendent of public instruction shall notify the complainant of that finding and is not required to investigate further. (2)(a) If, after a full investigation as required under subsection (1)(b) of this section, the office of the superintendent of public instruction finds noncompliance with state law, but determines the noncompliance is not willful, the office of the superintendent of public instruction shall provide the school district with a first notice stating its determination of noncompliance and identify corrective actions and a timeline that the school district may take to come into compliance. (b) If the school district fails to comply with the corrective actions identified in the first notice within the prescribed timeline, the office of the superintendent of public instruction shall provide the school district a second notice stating that continued failure to comply with corrective actions may result in consequences as established in RCW 28A.300.0714. Upon receipt of a second notice, the school district superintendent and school district board of directors must adopt and submit a compliance action plan to the office of the superintendent of public instruction for approval. The compliance action plan must describe how the school district will implement the corrective actions identified by the office of the superintendent of public instruction. Unless otherwise required by subsection (4) of this section, the compliance action plan must be submitted under a timeline as required by the office of the superintendent of public instruction. (c) Before submitting the compliance action plan to the office of the superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified without their consent, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws. (3)(a) If, after a full investigation as required under subsection (1)(b) of this section, the office of the superintendent of public instruction finds willful noncompliance with state law, the office of the superintendent of public instruction shall provide the school district with a first notice stating its determination of willful noncompliance and identify corrective actions and a timeline that the school district may take to come into compliance. Upon receipt of the first notice, the school district board of directors shall hold a public meeting to present the finding of willful noncompliance with state law, the identified corrective actions and timeline for those actions, and take public comment on what additional actions the public thinks may be needed to come into compliance with state law. (b) If the school district fails to comply with the corrective actions identified in the first notice within the prescribed timeline, the office of the superintendent of public instruction shall provide the school district a second notice stating that continued failure to comply with corrective actions may result in consequences as established in RCW 28A.300.0714. Upon receipt of a second notice, the school district superintendent and school district board of directors must adopt and submit a compliance action plan to the office of the superintendent of public instruction for approval. The compliance action plan must describe how the school district will implement the corrective actions identified by the office of the superintendent of public instruction. Unless otherwise required by subsection (4) of this section, the compliance action plan must be submitted under a timeline as required by the office of the superintendent of public instruction. The compliance action plan must be developed in collaboration with the office of the superintendent of public instruction. In developing the compliance action plan, the school district must provide school district administrators, teachers, and other staff, parents of children attending a school within the school district, unions representing employees within the school district, students from the school district, and other impacted communities as appropriate with an opportunity to provide input on the development of the plan. (c) Before submitting the compliance action plan to the office of the superintendent of public instruction for approval, the school district board of directors must hold a public meeting to present the proposed compliance action plan to the community and allow for public comment on the proposed plan. For all such public meetings, individual students may not be identified without their consent, and the public meetings and materials prepared for such meetings must adhere to nondisclosure of personally identifiable information consistent with state and federal student privacy laws. (d) After submission and approval of the compliance action plan, the school district shall conduct additional public meetings with an opportunity for public comment at least once every six months to present school district progress on implementation of the compliance action plan until the superintendent of public instruction finds that the school district has come into compliance with state law. (4) A compliance action plan developed under this section must, at a minimum, include the following: (a) A description of the changes in the school district's or school's existing policies, structures, agreements, processes, and practices needed to come into compliance with state law; and (b) The timeline for coming into compliance with state law. (5) Compliance action plans must be developed in accordance with chapters 41.56 and 41.59 RCW where applicable. (6) The office of the superintendent of public instruction may develop and publish additional guidelines for the development of compliance action plans as required by this section for use by school districts. [ 2025 c 369 s 304.] NOTES: Rule-making authority— RCW 28A.300.0714 Willful noncompliance with state law—Consequences—Appeal. (1) The office of the superintendent of public instruction may impose any of the following consequences on a school district if the district has been sent a second notice under the provisions of RCW 28A.300.0713: (a) Require the school district to adopt or readopt policies and procedures to come into compliance with state law; (b) Find that a local school district superintendent committed an act of unprofessional conduct under RCW 28A.410.085 and may be held accountable for such conduct under rules established under RCW 28A.410.085; and (c) As a last resort, withhold and redirect up to 20 percent of state funds allocated to the school district for basic education to support the compliance action plan required in RCW 28A.300.0713 until the office of the superintendent of public instruction finds that the school district has come into compliance with state law. The office of the superintendent of public instruction must consider the school district's overall financial health when determining the amount of funds to withhold and redirect under this subsection. Written notice of the intent to withhold and redirect state funds, with reasons stated for this action, must be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld and redirected. (2) Willful or negligent noncompliance with state law constitutes a violation of the oath of office under RCW 29A.56.110, and a member of a board of directors may be subject to recall and discharge under chapter 29A.56 RCW. (3) RCW 28A.300.0712 and 28A.300.0713 and this section do not restrict any existing authority the office of the superintendent of public instruction has to enforce compliance with state law, including health and safety requirements. (4) Any party to a complaint may file a notice of appeal with the office of the superintendent of public instruction within 30 days of the final decision. An administrative law judge of the office of administrative hearings will hear and determine the appeal. Appeal proceedings must be conducted pursuant to chapter 34.05 RCW. An appeal of the administrative law judge's determination or order shall be to the superior court. The superior court's decision is subject only to discretionary review under the rules of appellate procedure. [ 2025 c 369 s 305.] NOTES: Rule-making authority— RCW 28A.300.072 Transition to kindergarten program. (1) The intent of the legislature is to continue and rename transitional kindergarten as the transition to kindergarten program and that the program be established in statute with the goal of assisting eligible children in need of additional preparation to be successful kindergarten students in the following school year. The transition to kindergarten program is not part of the state's statutory program of basic education under RCW 28A.150.200. (2)(a)(i) The office of the superintendent of public instruction shall administer the transition to kindergarten program and shall adopt rules under chapter 34.05 RCW for the administration of, the allocation of state funding for, and minimum standards and requirements for the transition to kindergarten program in accordance with this section. (ii) When developing rules related to the allocation of state funding, the office of the superintendent of public instruction shall establish criteria for prioritizing: (A) Schools located within extreme child care access deserts as determined by the department of children, youth, and families, except that the office of the superintendent of public instruction must prioritize funding for existing programs that serve students under subsection (2)(a)(ii)(B) of this section [(a)(ii)(B) of this subsection] before providing funding for new programs located within extreme child care access deserts; and (B) Students who: (I) Qualify for free or reduced-price meals or have a household income at or below 185 percent of the federal poverty level and lack access to licensed child care; (II) Are eligible but not scheduled for enrollment in the early childhood education and assistance program or head start program; (III) Are eligible for or receiving special education in accordance with the federal individuals with disabilities education act and chapter 28A.155 RCW; or (IV) Are English learners or multilingual learners. (b) School districts, charter schools, and state-tribal education compact schools operating a transition to kindergarten program shall adopt policies regarding eligibility, recruitment, and enrollment for this program that, at a minimum, meet the requirements of subsection (3) of this section. (3) The rules adopted under subsection (2) of this section must include, at a minimum, the following requirements for school districts, charter schools, and state-tribal education compact schools operating a transition to kindergarten program: (a)(i) A limitation on program enrollment to eligible children. Eligible children include only those who: (A) Have been determined to benefit from additional preparation for kindergarten; and (B) Are at least four years old by August 31st of the school year they enroll in the transition to kindergarten program; (ii) A requirement, as practicable, for school districts, charter schools, and state-tribal education compact schools to prioritize families with the lowest incomes and children most in need for additional preparation to be successful in kindergarten when enrolling eligible children in a transition to kindergarten program; (iii) Access to the transition to kindergarten program does not constitute an individual entitlement for any particular child; (b) Except for children who have been excused from participation by their parents or legal guardians, a requirement that the Washington kindergarten inventory of developing skills as established by RCW 28A.655.080 be administered to all eligible children enrolled in a transition to kindergarten program at the beginning of the child's enrollment in the program and at least one more time during the school year; (c) A requirement that all eligible children enrolled in a transition to kindergarten program be assigned a statewide student identifier and that the transition to kindergarten program be considered a separate class or course for the purposes of data reporting requirements in RCW 28A.320.175; (d) A requirement that a local child care and early learning needs assessment is conducted before beginning or expanding a transition to kindergarten program that considers the existing availability and affordability of early learning providers, such as the early childhood education and assistance programs, head start programs, and licensed child care centers and family home providers in the region. Data available through the regionalized data dashboard maintained by the department of children, youth, and families or any other appropriate sources may be used to inform the needs assessment required by this subsection; (e)(i) A requirement that school districts, charter schools, and state-tribal education compact schools adhere to guidelines, as developed by the office of the superintendent of public instruction, related to: (A) Best practices for site readiness of facilities that are used for the program; (B) Developmentally appropriate curricula designed to assist in maintaining high quality programs; and (C) Professional development opportunities; (ii) The office of the superintendent of public instruction must develop a process for conducting site visits of any school district, charter school, or state-tribal education compact school operating a transition to kindergarten program and provide feedback on elements listed in this subsection (3)(e); (f) Authorization to charge sliding scale fees for enrollment in a transition to kindergarten program, except for students who are eligible for but not yet placed in the early childhood education and assistance program or the head start program, or for children with disabilities entitled to a free appropriate public education in accordance with the federal individuals with disabilities education act and chapter 28A.155 RCW; and (g) A prohibition on establishing a policy of excluding an eligible child due only to the presence of a disability. (4)(a) The office of the superintendent of public instruction, in collaboration with the department of children, youth, and families, shall develop statewide coordinated eligibility, recruitment, enrollment, and selection best practices and provide technical assistance to those implementing a transition to kindergarten program to support connections with local early learning providers. (b) School districts, charter schools, and state-tribal education compact schools must consider the best practices developed under this subsection (4) when adopting the policies required under subsection (2)(b) of this section. (5) Nothing in this section prohibits school districts, charter schools, and state-tribal education compact schools from blending or colocating a transition to kindergarten program with other early learning programs. (6)(a) Funding for the transition to kindergarten program is limited to the amounts provided in the omnibus appropriations act and must be allocated to school districts, charter schools, and state-tribal education compact schools based on the prioritized criteria developed by the office of the superintendent of public instruction under subsection (2)(a)(ii) of this section. (b) Allocations for the transition to kindergarten program are based on the following formulas: (i) The distribution formula established under RCW 28A.150.260 (4)(a), (5), (6), (8), and (10)(a) and (b), calculated using the actual number of annual average full-time equivalent eligible children enrolled in the program; and (ii) The distribution formula developed in RCW 28A.160.150 through 28A.160.192, calculated using reported ridership for eligible children enrolled in the program. (b) [(c)] A transition to kindergarten child must be counted as a kindergarten student for purposes of the funding calculations referenced in this subsection and for purposes of calculating special education funding under RCW 28A.150.390(2)(b), but children enrolled in this program must be reported separately. (c) [(d)] Funding provided for the transition to kindergarten program is not part of the state's statutory program of basic education under RCW 28A.150.200 and must be expended only for the support of operating a transition to kindergarten program. (7) Beginning June 30, 2026, and annually thereafter, the office of the superintendent of public instruction must report to the office of the governor and the appropriate committees of the legislature on the planned transition to kindergarten program slot allotment for the upcoming school year. The report must include the following information for each school district, charter school, and state-tribal education compact school that will receive funding for the program during the upcoming school year: (a) The number of program slots funded; (b) The percentage of students eligible for free or reduced-price meals during the previous school year; and (c) Whether the school district, charter school, or state-tribal education compact school is located within, or includes a zip code defined as, an extreme child care access desert as determined by the department of children, youth, and families. [ 2026 c 267 s 2; 2025 c 342 s 1; 2023 c 420 s 1.] RCW 28A.300.080 Vocational agriculture education—Intent. The legislature recognizes that agriculture is the most basic and singularly important industry in the state, that agriculture is of central importance to the welfare and economic stability of the state, and that the maintenance of this vital industry requires a continued source of trained and qualified individuals who qualify for employment in agriculture and agribusiness. The legislature declares that it is within the best interests of the people and state of Washington that a comprehensive vocational education program in agriculture be maintained in the state's secondary school system. [ 1983 1st ex.s. c 34 s 1. Formerly RCW 28A.03.415.] RCW 28A.300.090 Vocational agriculture education—Service area established—Duties. (1) A vocational agriculture education service area within the office of the superintendent of public instruction shall be established. Adequate staffing of individuals trained or experienced in the field of vocational agriculture shall be provided for the vocational agriculture education service area for coordination of the state program and to provide assistance to local school districts for the coordination of the activities of student agricultural organizations and associations. (2) The vocational agriculture education service area shall: (a) Assess needs in vocational agriculture education, assist local school districts in establishing vocational agriculture programs, review local school district applications for approval of vocational agriculture programs, evaluate existing programs, plan research and studies for the improvement of curriculum materials for specialty areas of vocational agriculture. Standards and criteria developed under this subsection shall satisfy the mandates of federally-assisted vocational education; (b) Develop in-service programs for teachers and administrators of vocational agriculture, review application for vocational agriculture teacher certification, and assist in teacher recruitment and placement in vocational agriculture programs; (c) Serve as a liaison with the Future Farmers of America, representatives of business, industry, and appropriate public agencies, and institutions of higher education in order to disseminate information, promote improvement of vocational agriculture programs, and assist in the development of adult and continuing education programs in vocational agriculture; and (d) Establish an advisory task force committee of agriculturists, who represent the diverse areas of the agricultural industry in Washington, which shall make annual recommendations including, but not limited to, the development of curriculum, staffing, strategies for the purpose of establishing a source of trained and qualified individuals in agriculture, and strategies for articulating the state program in vocational agriculture education, including youth leadership throughout the state school system. [ 1983 1st ex.s. c 34 s 2. Formerly RCW 28A.03.417.] RCW 28A.300.100 Vocational agriculture education—Superintendent to adopt rules. The superintendent of public instruction, pursuant to chapter 34.05 RCW, shall adopt such rules as are necessary to carry out the provisions of RCW 28A.300.090. [ 1990 c 33 s 254; 1983 1st ex.s. c 34 s 3. Formerly RCW 28A.03.419.] RCW 28A.300.105 Office of Native education—Duties—Report. (1) To the extent funds are available, an Indian education division, to be known as the office of Native education, is created within the office of the superintendent of public instruction. The superintendent shall appoint an individual to be responsible for the office of Native education. (2) To the extent state funds are available, with additional support of federal and local funds where authorized by law, the office of Native education shall: (a) Provide assistance to school districts in meeting the educational needs of American Indian and Alaska Native students; (b) Facilitate the development and implementation of curricula and instructional materials in native languages, culture and history, and the concept of tribal sovereignty pursuant to RCW 28A.320.170; (c) Provide assistance to districts in the acquisition of funding to develop curricula and instructional materials in conjunction with native language practitioners and tribal elders; (d) Coordinate technical assistance for public schools that serve American Indian and Alaska Native students; (e) Seek funds to develop, in conjunction with the Washington state native American education advisory committee, and implement the following support services for the purposes of both increasing the number of American Indian and Alaska Native teachers and principals and providing continued professional development for educational assistants, teachers, and principals serving American Indian and Alaska Native students: (i) Recruitment and retention; (ii) Academic transition programs; (iii) Academic financial support; (iv) Teacher preparation; (v) Teacher induction; and (vi) Professional development; (f) Facilitate the inclusion of native language programs in school districts' curricula; (g) Work with all relevant agencies and committees to highlight the need for accurate, useful data that is appropriately disaggregated to provide a more accurate picture regarding American Indian and Alaska Native students; and (h) Report to the governor, the legislature, and the governor's office of Indian affairs on an annual basis, beginning in December 2012, regarding the state of Indian education and the implementation of all state laws regarding Indian education, specifically noting system successes and accomplishments, deficiencies, and needs. [ 2011 c 270 s 2.] NOTES: Findings— RCW 28A.300.106 Native education public-private partnership account. The Native education public-private partnership account is created in the custody of the state treasurer. The purpose of the account is to support the activities of the office of Native education within the office of the superintendent of public instruction under RCW 28A.300.105. Receipts from any appropriations made by the legislature for the purposes of RCW 28A.300.105, federal funds, gifts or grants from the private sector or foundations, and other sources must be deposited into the account. Only the superintendent of public instruction or the superintendent's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [ 2011 c 270 s 3.] NOTES: Findings— RCW 28A.300.108 Tribal consultation training and schedule. (1) The legislature recognizes that federal law requires some school districts to consult with federally recognized tribes on issues affecting American Indian and Alaska Native students. Under the federal every student succeeds act, this consultation requirement is intended to "ensure timely and meaningful consultation on issues affecting American Indian and Alaska Native students." The legislature acknowledges that many school district staff have not had the opportunity to learn how to engage in meaningful consultation as required by the federal law and recognizes that additional training opportunities for school directors and school district staff are needed. The legislature finds that ensuring the federal consultation requirements are implemented in a meaningful way will contribute towards helping create a more inclusive educational environment that supports long-term success for all native students. (2)(a) The office of the superintendent of public instruction, the office of Native education in conjunction with the Washington state Native American education advisory committee, and the Washington state school directors' association shall collaborate, at a minimum, with the tribal leaders congress on education, and any other affected federally recognized tribes that express interest in participating, to develop a tribal consultation training