RCW ch. 28A.400 — Revised Code of Washington Chapter 28A.400 RCW — Employees

RCW 28A.400.005 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 30.] NOTES: Conflict with federal requirements— RCW 28A.400.007 Staffing enrichments to the program of basic education. (1) In addition to the staffing units in RCW 28A.150.260, the superintendent of public instruction must provide school districts with allocations for the following staff units if and to the extent that funding is specifically appropriated and designated for that category of staffing unit in the omnibus operating appropriations act. (a) Additional staffing units for each level of prototypical school in RCW 28A.150.260: Elementary School Middle School High School Principals, assistant principals, and other certificated building-level administrators. . . . 0.0470 0.0470 0.0200 Teacher-librarians, a function that includes information literacy, technology, and media to support school library media programs. . . . 0.3370 0.4810 0.4770 Paraeducators, including any aspect of educational instructional services provided by classified employees. . . . 0.988 0.224 0.272 Office support and other noninstructional aides. . . . 0.912 1.099 0.155 Custodians. . . . 0.0430 0.0580 0.0350 Classified staff providing student and staff safety. . . . 0.0000 0.6080 1.1590 Parent involvement coordinators. . . . 0.9175 1.0000 1.0000 (b) Additional certificated instructional staff units sufficient to achieve the following reductions in class size in each level of prototypical school under RCW 28A.150.260: General education certificated instructional staff units sufficient to achieve class size reduction of: Grades K-3 class size. . . .0.00 Grade 4. . . .2.00 Grades 5-6. . . .2.00 Grades 7-8. . . .3.53 Grades 9-12. . . .3.74 CTE. . . .4.00 Skills. . . . 3.00 High poverty certificated instructional staff units sufficient to achieve class size reduction of: Grades K-3 class size. . . .2.00 Grade 4. . . .5.00 Grades 5-6. . . .4.00 Grades 7-8. . . .5.53 Grades 9-12. . . .5.74 (2) The staffing units in subsection (1) of this section are an enrichment to and are beyond the state's statutory program of basic education in RCW 28A.150.220 and 28A.150.260. However, if and to the extent that any of these additional staffing units are funded by specific reference to this section in the omnibus operating appropriations act, those units become part of prototypical school funding formulas and a component of the state funding that the legislature deems necessary to support school districts in offering the statutory program of basic education under Article IX, section 1 of the state Constitution. [ 2024 c 191 s 3; 2022 c 109 s 5; 2017 3rd sp.s. c 13 s 904.] NOTES: Reviser's note: RCW 28A.400.009 Secondary traumatic stress—Policy and procedure. (1) The Washington state school directors' association shall develop or revise, and periodically update, a model policy and procedure to prevent and address secondary traumatic stress in the workforce. (2) The model policy and procedure must include the following elements: (a) A commitment to support mental health in the workplace; (b) Promotion of a positive workplace climate with a focus on diversity and inclusion; (c) Establishment of a district-wide workforce mental health committee with the following functions: (i) Share secondary traumatic stress, stress management, and other mental health resources and supports available through the office of the superintendent of public instruction, the educational service districts, and the school employees' benefits board created in RCW 41.05.740; (ii) Share links to a secondary traumatic stress self-assessment tool and any associated resources; and (iii) Report to the school district board of directors at least once per year with a summary of committee activities; (d) Regular assessment of district-level and school building-level implementation of the policy and procedures that includes input from the workforce; and (e) Provision of appropriate resources and training to schools and staff for continuous improvement. (3) The model policy and procedure developed under this section must be posted publicly on the Washington state school directors' association's website by August 1, 2021. Updates to the model policy and procedure must be posted publicly within a reasonable time of development. (4) By the beginning of the 2021-22 school year, each school district must adopt, or amend if necessary, policies and procedures that, at a minimum, incorporate all the elements described in subsection (2) of this section. School districts must periodically review their policies and procedures for consistency with updated versions of the model policy and procedure. [ 2021 c 129 s 3.] NOTES: Finding— RCW 28A.400.010 Employment of superintendent—Superintendent's qualifications, general powers, term, contract renewal. In all districts the board of directors shall elect a superintendent who shall have such qualification as the local school board alone shall determine. The superintendent shall have supervision over the several departments of the schools thereof and carry out such other powers and duties as prescribed by law. Notwithstanding the provisions of *RCW 28A.400.300(1), the board may contract with such superintendent for a term not to exceed three years when deemed in the best interest of the district. The right to renew a contract of employment with any school superintendent shall rest solely with the discretion of the school board employing such school superintendent. Regarding such renewal of contracts of school superintendents the provisions of RCW 28A.405.210, 28A.405.240, and 28A.645.010 shall be inapplicable. [ 1990 c 33 s 376; 1985 c 7 s 94; 1975-'76 2nd ex.s. c 114 s 10; 1975-'76 2nd ex.s. c 15 s 10. Prior: 1975 1st ex.s. c 254 s 2; 1975-'76 1st ex.s. c 137 s 1; 1969 ex.s. c 223 s 28A.58.137; prior: (i) 1909 c 97 p 300 s 11; RRS s 4821. Formerly RCW 28.63.060. (ii) 1909 c 97 p 302 s 8; RRS s 4830. Formerly RCW 28.63.062. (iii) 1909 c 97 p 302 s 9; RRS s 4831. Formerly RCW 28.63.064. (iv) 1909 c 97 p 290 s 4, part; RRS s 4793, part. Formerly RCW 28A.58.137, 28.62.040, part.] NOTES: *Reviser's note: RCW 28A.400.020 Directors' and superintendents' signatures filed with auditor. Every school district director and school district superintendent, on assuming the duties of his or her office, shall place his or her signature, certified to by some school district official, on file in the office of the county auditor. [ 1990 c 33 s 377; 1969 ex.s. c 223 s 28A.58.140. Prior: 1909 c 97 p 289 s 12; RRS s 4787; prior: 1897 c 118 s 61; 1890 p 380 s 70. Formerly RCW 28A.58.140, 28.58.140.] RCW 28A.400.030 Superintendent's duties. In addition to such other duties as a district school board shall prescribe the school district superintendent shall: (1) Attend all meetings of the board of directors and cause to have made a record as to the proceedings thereof. (2) Keep such records and reports and in such form as the district board of directors require or as otherwise required by law or rule or regulation of higher administrative agencies and turn the same over to his or her successor. (3) Keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the superintendent must present his or her record book of board proceedings for public inspection, and shall make a statement of the financial condition of the district and such record book must always be open for public inspection. (4) Give such notice of all annual or special elections as otherwise required by law; also give notice of the regular and special meetings of the board of directors. (5) Sign all orders for warrants ordered to be issued by the board of directors. (6) Carry out all orders of the board of directors made at any regular or special meeting. [ 1991 c 116 s 14; 1990 c 33 s 378; 1983 c 56 s 8; 1977 ex.s. c 80 s 30; 1975-'76 2nd ex.s. c 118 s 30; 1975 1st ex.s. c 275 s 110; 1971 c 48 s 30; 1969 ex.s. c 223 s 28A.58.150. Prior: 1909 c 97 p 304 s 2; RRS s 4842; prior: 1907 c 163 s 3; 1899 c 142 s 10; 1897 c 118 s 49; 1893 c 107 s 5; 1891 c 127 s 12; 1890 p 367 s 34; Code 1881 ss 3194, 3195, 3196, 3197; 1873 p 428 ss 10, 11, 12, 13. Formerly RCW 28A.58.150, 28.58.150.] NOTES: Severability— RCW 28A.400.100 Principals and vice principals—Employment of—Qualifications—Duties. School districts may employ public school principals and/or vice principals to supervise the operation and management of the school to which they are assigned. Such persons shall hold valid administrative certificates and shall hold or have held either valid teacher certificates or valid educational staff associate certificates. Persons who hold or have held valid educational staff associate certificates must also have demonstrated successful school-based experience in an instructional role with students. Persons whose certificates were revoked, suspended, or surrendered may not be employed as public school principals or vice principals. In addition to such other duties as shall be prescribed by law and by the job description adopted by the board of directors, each principal shall: (1) Assume administrative authority, responsibility and instructional leadership, under the supervision of the school district superintendent, and in accordance with the policies of the school district board of directors, for the planning, management, supervision and evaluation of the educational program of the attendance area for which he or she is responsible. (2) Submit recommendations to the school district superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the attendance area for which he or she is responsible. (3) Submit recommendations to the school district superintendent regarding the fiscal needs to maintain and improve the instructional program of the attendance area for which he or she is responsible. (4) Assume administrative authority and responsibility for the supervision, counseling and discipline of pupils in the attendance area for which he or she is responsible. [ 2002 c 78 s 1; 1977 ex.s. c 272 s 1. Formerly RCW 28A.58.160.] NOTES: Severability— RCW 28A.400.110 Principal to assure appropriate student discipline—Building discipline standards—Classes to improve classroom management skills. Within each school the school principal shall determine that appropriate student discipline is established and enforced. In order to assist the principal in carrying out the intent of this section, the principal and the certificated employees in a school building shall confer at least annually in order to develop and/or review building disciplinary standards and uniform enforcement of those standards. Such building standards shall be consistent with the provisions of RCW 28A.600.020(3). School principals and certificated employees shall also confer annually, to establish criteria for determining when certificated employees must complete classes to improve classroom management skills. [ 1997 c 266 s 12; 1990 c 33 s 379; 1980 c 171 s 2; 1975-'76 2nd ex.s. c 97 s 3. Formerly RCW 28A.58.201.] NOTES: Findings— RCW 28A.400.200 Salaries and compensation for employees—Minimum and maximum amounts—Limitations—Supplemental contracts. (1) Every school district board of directors shall fix, alter, allow, and order paid salaries and compensation for all district employees in conformance with this section. (2)(a) Through the 2017-18 school year, salaries for certificated instructional staff shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a baccalaureate degree and zero years of service; (b) Salaries for certificated instructional staff with a master's degree shall not be less than the salary provided in the appropriations act in the statewide salary allocation schedule for an employee with a master's degree and zero years of service; and (c) Beginning with the 2018-19 school year: (i) Salaries for full-time certificated instructional staff must not be less than forty thousand dollars, to be adjusted for regional differences in the cost of hiring staff as specified in RCW 28A.150.410, and to be adjusted annually by the same inflationary measure as provided in RCW 28A.400.205; (ii) Salaries for full-time certificated instructional staff with at least five years of experience must exceed by at least ten percent the value specified in (c)(i) of this subsection; (iii) A district may not pay full-time certificated instructional staff a salary that exceeds ninety thousand dollars, subject to adjustment for regional differences in the cost of hiring staff as specified in RCW 28A.150.410. This maximum salary is adjusted annually by the inflationary measure in RCW 28A.400.205; (iv) These minimum and maximum salaries apply to the services provided as part of the state's statutory program of basic education and exclude supplemental contracts for additional time, responsibility, or incentive pursuant to this section or for enrichment pursuant to RCW 28A.150.276; (v) A district may pay a salary that exceeds this maximum salary by up to ten percent for full-time certificated instructional staff: Who are educational staff associates; who teach in the subjects of science, technology, engineering, or math; or who teach in the transitional bilingual instruction or special education programs. (3)(a)(i) Through the 2017-18 school year the actual average salary paid to certificated instructional staff shall not exceed the district's average certificated instructional staff salary used for the state basic education allocations for that school year as determined pursuant to RCW 28A.150.410. (ii) For the 2018-19 school year, salaries for certificated instructional staff are subject to the limitations in *RCW 41.59.800. (iii) Beginning with the 2019-20 school year, for purposes of subsection (4) of this section, RCW 28A.150.276, and 28A.505.100, each school district must annually identify the actual salary paid to each certificated instructional staff for services rendered as part of the state's program of basic education. (b) Through the 2018-19 school year, fringe benefit contributions for certificated instructional staff shall be included as salary under (a)(i) of this subsection only to the extent that the district's actual average benefit contribution exceeds the amount of the insurance benefits allocation, less the amount remitted by districts to the health care authority for retiree subsidies, provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. For purposes of this section, fringe benefits shall not include payment for unused leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers' compensation, unemployment compensation, and retirement benefits under the Washington state retirement system; or employer contributions for health benefits in excess of the insurance benefits allocation provided per certificated instructional staff unit in the state operating appropriations act in effect at the time the compensation is payable. A school district may not use state funds to provide employer contributions for such excess health benefits. (c) Salary and benefits for certificated instructional staff in programs other than basic education shall be consistent with the salary and benefits paid to certificated instructional staff in the basic education program. (4)(a) Salaries and benefits for certificated instructional staff may exceed the limitations in subsection (3) of this section only by separate contract for additional time, for additional responsibilities, or for incentives. Supplemental contracts shall not cause the state to incur any present or future funding obligation. Supplemental contracts must be accounted for by a school district when the district is developing its four-year budget plan under RCW 28A.505.040. (b) Supplemental contracts shall be subject to the collective bargaining provisions of chapter 41.59 RCW and the provisions of RCW 28A.405.240, shall not exceed one year, and if not renewed shall not constitute adverse change in accordance with RCW 28A.405.300 through 28A.405.380. No district may enter into a supplemental contract under this subsection for the provision of services which are a part of the basic education program required by Article IX, section 1 of the state Constitution and RCW 28A.150.220. (c)(i) Beginning September 1, 2019, supplemental contracts for certificated instructional staff are subject to the following additional restrictions: School districts may enter into supplemental contracts only for enrichment activities as defined in and subject to the limitations of RCW 28A.150.276. (ii) For a supplemental contract, or portion of a supplemental contract, that is time-based, the hourly rate the district pays may not exceed the hourly rate provided to that same instructional staff for services under the basic education salary identified under subsection (3)(a)(iii) of this section. For a supplemental contract, or portion of a supplemental contract that is not time-based, the contract must document the additional duties, responsibilities, or incentives that are being funded in the contract. (5) Employee benefit plans offered by any district shall comply with RCW 28A.400.350, 28A.400.275, and 28A.400.280. [ 2018 c 266 s 205; 2017 3rd sp.s. c 13 s 103; 2010 c 235 s 401; 2002 c 353 s 2; 1997 c 141 s 2; 1993 c 492 s 225. Prior: 1990 1st ex.s. c 11 s 2; 1990 c 33 s 381; 1987 1st ex.s. c 2 s 205. Formerly RCW 28A.58.0951.] NOTES: *Reviser's note: RCW 28A.400.2001 Supplemental contracts—School district reporting—Report by the office of the superintendent of public instruction. Beginning September 1, 2017, school districts must annually report to the superintendent of public instruction on supplemental contracts entered into subject to RCW 28A.400.200(4) for additional time, responsibility, or incentive. The office of the superintendent of public instruction shall summarize the district information and submit an annual report to the education and appropriate fiscal committees of the house of representatives and the senate. [ 2017 3rd sp.s. c 13 s 505.] NOTES: Effective date— RCW 28A.400.205 Salary inflationary increases for employees—"Inflationary adjustment index" defined. (1) School district employees shall be provided an annual salary inflationary increase in accordance with this section. (a) The inflationary increase shall be calculated by applying the rate of the yearly increase in the inflationary adjustment index to any state-funded salary base used in state funding formulas for teachers and other school district employees. Beginning with the 2019-20 school year, each school district shall be provided an inflationary adjustment allocation sufficient to grant this inflationary increase. (b) A school district shall distribute its inflationary adjustment allocation for salaries and salary-related benefits in accordance with the district's collective bargaining agreements and compensation policies. No later than the end of the school year, each school district shall certify to the superintendent of public instruction that it has spent funds provided for inflationary increases on salaries and salary-related benefits. (c) Any funded inflationary increase shall be included in the salary base used to determine inflationary increases for school employees in subsequent years. For teachers and other certificated instructional staff, the rate of the annual inflationary increase funded for certificated instructional staff shall be applied to the base salary used with the statewide salary allocation methodology established under RCW 28A.150.410 and to any other salary allocation methodologies used to recognize school district personnel costs. (2) For the purposes of this section, "inflationary adjustment index" means: (a) For the 2023-24 school year, 3.7 percent; and (b) Beginning with the 2024-25 school year, the implicit price deflator for the previous calendar year as of the beginning of the school year, using the official current base, compiled by the bureau of economic analysis, United States department of commerce. [ 2023 c 50 s 1; 2018 c 266 s 206; 2017 3rd sp.s. c 13 s 102; 2013 2nd sp.s. c 5 s 1; 2011 1st sp.s. c 18 s 1; 2009 c 573 s 1; 2003 1st sp.s. c 20 s 1; 2001 c 4 s 2 (Initiative Measure No. 732, approved November 7, 2000).] NOTES: Finding— RCW 28A.400.206 Cost-of-living increases—Duty of state. The Washington Constitution establishes "the paramount duty of the state to make ample provision for the education of all children." Providing quality education for all children in Washington requires well-qualified and experienced teachers and other school employees. However, salaries for educators have not kept up with the increased cost of living in the state. The failure to keep up with inflation threatens Washington's ability to compete with other states to attract first-rate teachers to Washington classrooms and to keep well-qualified educators from leaving for other professions. The state must provide a fair and reasonable cost-of-living increase, as provided in chapter 20, Laws of 2003 1st sp. sess., to help ensure that the state attracts and keeps the best teachers and school employees for the children of Washington. [ 2003 1st sp.s. c 20 s 2; 2001 c 4 s 1 (Initiative Measure No. 732, approved November 7, 2000).] NOTES: Severability— RCW 28A.400.210 Employee attendance incentive program—Remuneration or benefit plan for unused sick leave. Every school district board of directors may, in accordance with chapters 41.56 and 41.59 RCW, establish an attendance incentive program for all certificated and classified employees in the following manner, including covering persons who were employed during the 1982-'83 school year: (1) In January of the year following any year in which a minimum of sixty days of leave for illness or injury is accrued, and each January thereafter, any eligible employee may exercise an option to receive remuneration for unused leave for illness or injury accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued leave for illness or injury in excess of sixty days. Leave for illness or injury for which compensation has been received shall be deducted from accrued leave for illness or injury at the rate of four days for every one day's monetary compensation. No employee may receive compensation under this section for any portion of leave for illness or injury accumulated at a rate in excess of one day per month. (2) Except as provided in RCW 28A.400.212, at the time of separation from school district employment an eligible employee or the employee's estate shall receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days accrued leave for illness or injury. For purposes of this subsection, "eligible employee" means (a) employees who separate from employment due to retirement or death; (b) employees who separate from employment and who are at least age fifty-five and have at least ten years of service under the teachers' retirement system plan 3 as defined in RCW 41.32.010(33), or under the Washington school employees' retirement system plan 3 as defined in RCW 41.35.010(25); or (c) employees who separate from employment and who are at least age fifty-five and have at least fifteen years of service under the teachers' retirement system plan 2 as defined in RCW 41.32.010(32), under the Washington school employees' retirement system plan 2 as defined in RCW 41.35.010(24), or under the public employees' retirement system plan 2 as defined in RCW 41.40.010(28). (3) In lieu of remuneration for unused leave for illness or injury as provided in subsections (1) and (2) of this section, a school district board of directors may, with equivalent funds, provide eligible employees a benefit plan that provides reimbursement for medical expenses. Any benefit plan adopted after July 28, 1991, shall require, as a condition of participation under the plan, that the employee sign an agreement with the district to hold the district harmless should the United States government find that the district or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the district not withholding or deducting any tax, assessment, or other payment on such funds as required under federal law. Moneys or benefits received under this section shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state. The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations to carry out the purposes of this section. Should the legislature revoke any benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right. [ 2020 c 18 s 12; 2000 c 231 s 1; 1997 c 13 s 9; 1992 c 234 s 12; 1991 c 92 s 2; 1989 c 69 s 2; 1983 c 275 s 2. Formerly RCW 28A.58.096.] NOTES: Explanatory statement— RCW 28A.400.212 Employee attendance incentive program—Effect of early retirement. An employee of a school district that has established an attendance incentive program under RCW 28A.400.210 who retires under section 1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86, Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993, shall receive, at the time of his or her separation from school district employment, not less than one-half of the remuneration for accrued leave for illness or injury payable to him or her under the district's incentive program. The school district board of directors may, at its discretion, pay the remainder of such an employee's remuneration for accrued leave for illness or injury after the time of the employee's separation from school district employment, but the employee or the employee's estate is entitled to receive the remainder of the remuneration no later than the date the employee would have been eligible to retire under the provisions of RCW 41.40.180 or 41.32.480 had the employee continued to work for the district until eligible to retire, or three years following the date of the employee's separation from school district employment, whichever occurs first. A district exercising its discretion under this section to pay the remainder of the remuneration after the time of the employee's separation from school district employment shall establish a policy and procedure for paying the remaining remuneration that applies to all affected employees equally and without discrimination. Any remuneration paid shall be based on the number of days of leave the employee had accrued and the compensation the employee received at the time he or she retired under section 1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter 86, Laws of 1993, or section 4 or 6, chapter 519, Laws of 1993. [ 1993 c 519 s 14; 1993 c 86 s 8; 1992 c 234 s 13.] NOTES: Reviser's note: RCW 28A.400.220 Employee salary or compensation—Limitations respecting. (1) No school district board of directors or administrators may: (a) Increase an employee's salary or compensation to include a payment in lieu of providing a fringe benefit; or (b) Allow any payment to an employee which is partially or fully conditioned on the termination or retirement of the employee, except as provided in subsection (2) of this section. (2) A school district board of directors may compensate an employee for termination of the employee's contract in accordance with the termination provisions of the contract. If no such provisions exist the compensation must be reasonable based on the proportion of the uncompleted contract. Compensation received under this subsection shall not be included for the purposes of computing a retirement allowance under any public retirement system in this state. (3) Provisions of any contract in force on March 27, 1982, which conflict with the requirements of this section shall continue in effect until contract expiration. After expiration, any new contract including any renewal, extension, amendment or modification of an existing contract executed between the parties shall be consistent with this section. [ 1989 c 11 s 5; 1982 1st ex.s. c 10 s 1. Formerly RCW 28A.58.098.] NOTES: Severability— RCW 28A.400.230 Deposit of cumulative total of earnings of group of employees—Authorized—Conditions. Any school district authorized to draw and issue their own warrants may deposit the cumulative total of the net earnings of any group of employees in one or more banks within the state such group or groups may designate, to be credited to the individuals composing such groups, by a single warrant to each bank so designated or by other commercially acceptable methods: PROVIDED, That any such collective authorization shall be made in writing by a minimum of twenty-five employees or ten percent of the employees, whichever is less. [ 1973 c 111 s 5. Formerly RCW 28A.58.730.] NOTES: Severability— RCW 28A.400.240 Deferred compensation plan for school district or educational service district employees—Limitations. In addition to any other powers and duties, any school district or educational service district may contract with any classified or certificated employee to defer a portion of that employee's income, which deferred portion shall in no event exceed the appropriate internal revenue service exclusion allowance for such plans, and shall subsequently with the consent of the employee, deposit or invest in a credit union, savings and loan association, bank, mutual savings bank, or purchase life insurance, shares of an investment company, or a fixed and/or variable annuity contract, for the purpose of funding a deferred compensation program for the employee, from any life underwriter or registered representative duly licensed by this state who represents an insurance company or an investment company licensed to contract business in this state. In no event shall the total investments or payments, and the employee's nondeferred income for any year exceed the total annual salary, or compensation under the existing salary schedule or classification plan applicable to such employee in such year. Any income deferred under such a plan shall continue to be included as regular compensation, for the purpose of computing the retirement and pension benefits earned by any employee, but any sum so deducted shall not be included in the computation of any taxes withheld on behalf of any such employee. [ 2001 c 266 s 1; 1975 1st ex.s. c 205 s 1; 1974 ex.s. c 11 s 1. Formerly RCW 28A.58.740.] RCW 28A.400.250 Tax deferred annuities—Regulated company stock. (1) The board of directors of any school district, the Washington state teachers' retirement system, the superintendent of public instruction, and educational service district superintendents are authorized to provide and pay for tax deferred annuities or regulated company stock held in a custodial account for their respective employees in lieu of a portion of salary or wages as authorized under the provisions of 26 U.S.C. section 403(b), as amended by Public Law 87-370, 75 Stat. 796, as now or hereafter amended. The superintendent of public instruction and educational service district superintendents, if eligible, may also be provided with such options. (2) At the request of at least five employees, the employees' employer shall arrange for the: (a) Purchase of tax deferred annuity contracts which meet the requirements of 26 U.S.C. section 403(b), as now or hereafter amended, for the employees from any company the employees may choose that is authorized to do business in this state through a Washington-licensed insurance agent that the employees may select; or (b) Payment to a custodial account for investment in the stock of a regulated investment company as defined in 26 U.S.C. section 403(b)(7)(c). (3) Payroll deductions shall be made in accordance with the arrangements for the purpose of paying the entire premium due and to become due under the contracts. Employees' rights under the annuity contract are nonforfeitable except for the failure to pay premiums. (4) The board of directors of any school district, the Washington state teachers' retirement system, the superintendent of public instruction, and educational service district superintendents shall not restrict, except as provided in this section, employees' right to select the tax deferred annuity of their choice, the regulated company stock held in a custodial account, or the agent, broker, or company licensed by the state of Washington through which the tax deferred annuity or regulated company stock is placed or purchased, and shall not place limitations on the time or place that the employees make the selection. (5) The board of directors of any school district, the Washington state teachers' retirement system, the superintendent of public instruction, and educational service district superintendents may each adopt rules regulating the sale of tax deferred annuities or regulated company stock held in a custodial account which: (a) Prohibit solicitation of employees for the purposes of selling tax deferred annuities or regulated company stock held in a custodial account on school premises during normal school hours; (b) only permit the solicitation of tax deferred annuities or regulated company stock held in a custodial account by agents, brokers, and companies licensed by the state of Washington; and (c) require participating companies to execute reasonable agreements protecting the respective employers from any liability attendant to procuring tax deferred annuities or regulated company stock held in a custodial account. [ 2010 c 41 s 1; 1984 c 228 s 1; 1975 1st ex.s. c 275 s 113; 1971 c 48 s 31; 1969 c 97 s 2; 1969 ex.s. c 223 s 28A.58.560. Prior: 1965 c 54 s 1, part. Formerly RCW 28A.58.560, 28.02.120, part.] NOTES: Severability— RCW 28A.400.260 Pension benefits or annuity benefits for certain classifications of employees—Procedure. Notwithstanding any other provision of law, any school district shall have the authority to provide for all employees within an employment classification pension benefits or annuity benefits as may already be established and in effect by other employers of a similar classification of employees, and payment therefor may be made by making contributions to such pension plans or funds already established and in effect by the other employers and in which the school district is permitted to participate for such particular classifications of its employees by the trustees or other persons responsible for the administration of such established plans or funds. Notwithstanding provisions of RCW 41.40.023(4), the coverage under such private plan shall not exclude such employees from simultaneous coverage under the Washington public employees' retirement system. [ 1972 ex.s. c 27 s 1. Formerly RCW 28A.58.565.] RCW 28A.400.270 Employee benefit—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28A.400.275 and 28A.400.280. (1) "Basic benefits" are limited to medical, dental, vision, group term life, and group long-term disability insurance coverage. (2) "Benefit providers" include insurers, third party claims administrators, direct providers of employee fringe benefits, health maintenance organizations, health care service contractors, and the Washington state health care authority or any plan offered by the authority. (3) "Fringe benefit" does not include liability coverage, old-age survivors' insurance, workers' compensation, unemployment compensation, retirement benefits under the Washington state retirement system, or payment for unused leave for illness or injury under RCW 28A.400.210. (4) "Group long-term disability insurance coverage" means long-term disability insurance coverage provided for, at a minimum, all full-time employees in a bargaining unit or all full-time nonbargaining group employees. (5) "Group term life insurance coverage" means term life insurance coverage provided for, at a minimum, all full-time employees in a bargaining unit or all full-time nonbargaining group employees. (6) "School district employee benefit plan" means the overall plan used by the district for distributing fringe benefit subsidies to employees, including the method of determining employee coverage. It shall not include coverage offered to district employees for which there is no contribution from public funds. [ 2017 3rd sp.s. c 13 s 813; 1990 1st ex.s. c 11 s 4.] NOTES: Reviser's note: RCW 28A.400.275 Employee benefits—Contracts or agreements—Submission of information to the health care authority. (1) Any contract or agreement for employee benefits executed after April 13, 1990, between a school district or educational service district and a benefit provider or employee bargaining unit is null and void unless it contains an agreement to abide by state laws relating to school district and educational service district employee benefits. The term of the contract or agreement may not exceed one year, except that the final contract or agreement entered into for the 2018-19 school year must exceed one year only by the months necessary to ensure employee benefits are maintained through December 31, 2019. (2) School districts, educational service districts, and their benefit providers shall submit data to the health care authority in accordance with RCW 41.05.075(3). (3) Any benefit provider offering a benefit plan by contract or agreement with a school district or educational service district under subsection (1) of this section shall make available to the school district or educational service district the benefit plan descriptions and, where available, the demographic information on plan subscribers that the school district, educational service district, and benefit provider are required to report to the health care authority under this section. (4) Each school district and educational service district shall: (a) Carry out all actions required by the school employees' benefits board and the health care authority under chapter 41.05 RCW including, but not limited to, those necessary for the operation of benefit plans, education of employees, claims administration, and appeals process; and (b) Report all data relating to employees eligible to participate in benefits or plans administered by the school employees' benefits board and the health care authority in a format designed and communicated by the school employees' benefits board and the health care authority. [ 2018 c 260 s 22. Prior: 2017 3rd sp.s. c 13 s 814; 2017 3rd sp.s. c 7 s 1; 2012 2nd sp.s. c 3 s 4; 1990 1st ex.s. c 11 s 5.] NOTES: Effective date— RCW 28A.400.280 Employee benefits—Employer contributions—Optional benefits—Annual report. (1) Except as provided in subsection (2) of this section, school districts may provide employer fringe benefit contributions after October 1, 1990, only for basic benefits. However, school districts may continue payments under contracts with employees or benefit providers in effect on April 13, 1990, until the contract expires. (2)(a) School districts may provide employer contributions after October 1, 1990, for optional benefit plans, in addition to basic benefits. Beginning January 1, 2020, school district optional benefits must not compete with any form of the basic or optional benefits offered in the school employees' benefits board program either under the school employees' benefits board's authority in RCW 41.05.740 or offered under the authority of the health care authority in the salary reduction plan authorized in RCW 41.05.300 and 41.05.310. (b) Beginning December 1, 2019, and each December 1st thereafter, school district optional benefits must be reported to the school employees' benefits board and health care authority. (c) School districts, and the applicable carrier, must work with the health care authority to either modify and remove competing components of the district-based benefit or end any district-based benefit offering in competition with either the health care authority's or the school employees' benefits board offered benefits. (d) Unless the school employees' benefits board offers such benefits, school districts may offer only the following optional benefits to school employees: (i) Benefits listed in RCW 41.05.745(1) (a) through (i), offered as employee-paid, voluntary benefits that may be administered by using payroll deductions; and (ii) Voluntary employees' beneficiary association accounts, including benefit plans authorized in RCW 28A.400.210(3). (3) School districts are not intended to divert state basic benefit allocations for other purposes. Beginning January 1, 2020, school districts must offer all benefits offered by the school employees' benefits board administered by the health care authority, and consistent with RCW 41.56.139(2). (4) Any optional benefits offered by a school district under subsection (2) of this section are considered an enhancement to the state's definition of basic education. [ 2020 c 231 s 1; 2018 c 260 s 29; 2017 3rd sp.s. c 13 s 815; 2012 2nd sp.s. c 3 s 2; 2011 c 269 s 1; 1990 1st ex.s. c 11 s 6.] NOTES: Intent— RCW 28A.400.285 Contracts for services performed by classified employees. (1) When a school district or educational service district enters into a contract for services that had been previously performed by classified school employees, the contract shall contain a specific clause requiring the contractor to provide for persons performing such services under the contract, health benefits that are similar to those provided for school employees who would otherwise perform the work, but in no case are such health benefits required to be greater than the benefits provided for basic health care services under chapter 70.47 RCW. (2) Decisions to enter into contracts for services by a school district or educational service district may only be made: (a) After the affected district has conducted a feasibility study determining the potential costs and benefits, including the impact on district employees who would otherwise perform the work, that would result from contracting for the services; (b) after the decision to contract for the services has been reviewed and approved by the superintendent of public instruction; and (c) subject to any applicable requirements for collective bargaining. The factors to be considered in the feasibility study shall be developed in consultation with representatives of the affected employees and may include both long-term and short-term effects of the proposal to contract for services. (3) This section applies only if a contract is for services performed by classified school employees on or after July 25, 1993. (4) This section does not apply to: (a) Temporary, nonongoing, or nonrecurring service contracts; or (b) Contracts for services previously performed by employees in director/supervisor, professional, and technical positions. (5) For the purposes of subsection (4) of this section: (a) "Director/supervisor position" means a position in which an employee directs staff members and manages a function, a program, or a support service. (b) "Professional position" means a position for which an employee is required to have a high degree of knowledge and skills acquired through a baccalaureate degree or its equivalent. (c) "Technical position" means a position for which an employee is required to have a combination of knowledge and skills that can be obtained through approximately two years of posthigh school education, such as from a community or technical college, or by on-the-job training. [ 1997 c 267 s 2; 1993 c 349 s 1.] RCW 28A.400.300 Hiring and discharging of employees—Written leave policies—Seniority and leave benefits of employees transferring between school districts and other educational employers. (1) Every board of directors, unless otherwise specially provided by law, shall: (a) Except as provided in RCW 28A.405.210(2) and subsection (3) of this section, employ for not more than one year, and for sufficient cause discharge all certificated and classified employees; (b) Adopt written policies granting leaves to persons under contracts of employment with the school district(s) in positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in positions requiring certification qualification, and leaves for illness, injury, bereavement and, emergencies for both certificated and classified employees, and with such compensation as the board of directors prescribe. However, the board of directors shall adopt written policies granting to such persons annual leave with compensation for illness, injury and emergencies as follows: (i) For such persons under contract with the school district for a full year, at least 10 days; (ii) For such persons under contract with the school district as part time employees, at least that portion of 10 days as the total number of days contracted for bears to 180 days; (iii) For certificated and classified employees, annual leave with compensation for illness, injury, and emergencies shall be granted and accrue at a rate not to exceed 12 days per year; provisions of any contract in force on June 12, 1980, which conflict with requirements of this subsection shall continue in effect until contract expiration; after expiration, any new contract executed between the parties shall be consistent with this subsection; (iv) Compensation for leave for illness or injury actually taken shall be the same as the compensation such person would have received had such person not taken the leave provided in this proviso; (v) Leave provided in this proviso not taken shall accumulate from year to year up to a maximum of 180 days for the purposes of RCW 28A.400.210 and 28A.400.220, and for leave purposes up to a maximum of the number of contract days agreed to in a given contract, but not greater than one year. Such accumulated time may be taken at any time during the school year or up to 12 days per year may be used for the purpose of payments for unused sick leave; (vi) Sick leave heretofore accumulated under section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) and sick leave accumulated under administrative practice of school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby declared valid, and shall be added to leave for illness or injury accumulated under this proviso; (vii) Any leave for injury or illness accumulated up to a maximum of 45 days shall be creditable as service rendered for the purpose of determining the time at which an employee is eligible to retire, if such leave is taken it may not be compensated under the provisions of RCW 28A.400.210 and 28A.310.490; (viii) Accumulated leave under this proviso shall be transferred to and from one district to another, the office of superintendent of public instruction, offices of educational service district superintendents and boards, the state school for the blind, the Washington center for deaf and hard of hearing youth, institutions of higher education, and community and technical colleges, to and from such districts, schools, offices, institutions of higher education, and community and technical colleges; (ix) Leave accumulated by a person in a district prior to leaving said district may, under rules of the board, be granted to such person when the person returns to the employment of the district. (2) When any certificated or classified employee leaves one school district within the state and commences employment with another school district within the state, the employee shall retain the same seniority, leave benefits and other benefits that the employee had in his or her previous position. However, classified employees who transfer between districts after July 28, 1985, shall not retain any seniority rights other than longevity when leaving one school district and beginning employment with another. If the school district to which the person transfers has a different system for computing seniority, leave benefits, and other benefits, then the employee shall be granted the same seniority, leave benefits and other benefits as a person in that district who has similar occupational status and total years of service. (3) Notwithstanding subsection (1)(a) of this section, discharges of certificated and classified employees in school districts that are dissolved due to financial insolvency shall be conducted in accordance with RCW 28A.315.229. [ 2023 c 362 s 2; 2019 c 266 s 19; 2012 c 186 s 20; 2009 c 47 s 2; 2008 c 174 s 2; 1997 c 13 s 10; 1990 c 33 s 382. Prior: 1985 c 210 s 1; 1985 c 46 s 1; 1983 c 275 s 3. Formerly RCW 28A.58.099.] NOTES: Effective date— RCW 28A.400.301 Information on past sexual misconduct—Requirement for applicants—Limitation on contracts and agreements—Employee right to review personnel file. (1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Applicant" means an applicant for employment in a certificated or classified position who is currently or was previously employed by a school district. (b) "Employer" means a school district employer. (2) Before hiring an applicant, a school district shall request the applicant to sign a statement: (a) Authorizing the applicant's current and past employers, including employers outside of Washington state, to disclose to the hiring school district sexual misconduct, if any, by the applicant and making available to the hiring school district copies of all documents in the previous employer's personnel, investigative, or other files relating to sexual misconduct by the applicant; and (b) Releasing the applicant's current and past employers, and employees acting on behalf of that employer, from any liability for providing information described in (a) of this subsection, as provided in subsection (4) of this section. (3) Before hiring an applicant, a school district shall request in writing, electronic or otherwise, the applicant's current and past employers, including out-of-state employers, to provide the information described in subsection (2)(a) of this section, if any. The request shall include a copy of the statement signed by the applicant under subsection (2) of this section. (4) Not later than twenty business days after receiving a request under subsection (3) of this section, a school district shall provide the information requested and make available to the requesting school district copies of all documents in the applicant's personnel record relating to the sexual misconduct. The school district, or an employee acting on behalf of the school district, who in good faith discloses information under this section is immune from civil liability for the disclosure. (5) A hiring district shall request from the office of the superintendent of public instruction verification of certification status, including information relating to sexual misconduct as established by the provisions of subsection (11) of this section, if any, for applicants for certificated employment. (6) A school district shall not hire an applicant who does not sign the statement described in subsection (2) of this section. (7) School districts may employ applicants on a conditional basis pending the district's review of information obtained under this section. When requests are sent to out-of-state employers under subsection (3) of this section, an applicant who has signed the statement described in subsection (2) of this section, shall not be prevented from gaining employment in Washington public schools if the laws or policies of that other state prevent documents from being made available to Washington state school districts or if the out-of-state school district fails or refuses to cooperate with the request. (8) Information received under this section shall be used by a school district only for the purpose of evaluating an applicant's qualifications for employment in the position for which he or she has applied. Except as otherwise provided by law, a board member or employee of a school district shall not disclose the information to any person, other than the applicant, who is not directly involved in the process of evaluating the applicant's qualifications for employment. A person who violates this subsection is guilty of a misdemeanor. (9) Beginning September 1, 2004, the board or an official of a school district shall not enter into a collective bargaining agreement, individual employment contract, resignation agreement, severance agreement, or any other contract or agreement that has the effect of suppressing information about verbal or physical abuse or sexual misconduct by a present or former employee or of expunging information about that abuse or sexual misconduct from any documents in the previous employer's personnel, investigative, or other files relating to verbal or physical abuse or sexual misconduct by the applicant. Any provision of a contract or agreement that is contrary to this subsection is void and unenforceable, and may not be withheld from disclosure by the entry of any administrative or court order. This subsection does not restrict the expungement from a personnel file of information about alleged verbal or physical abuse or sexual misconduct that has not been substantiated. (10) This section does not prevent a school district from requesting or requiring an applicant to provide information other than that described in this section. (11) By September 1, 2004, the state board of education has the authority to and shall adopt rules defining "verbal abuse," "physical abuse," and "sexual misconduct" as used in this section for application to all classified and certificated employees. The definitions of verbal and physical abuse and sexual misconduct adopted by the state board of education must include the requirement that the school district has made a determination that there is sufficient information to conclude that the abuse or misconduct occurred and that the abuse or misconduct resulted in the employee's leaving his or her position at the school district. (12) Except as limited by chapter 49.12 RCW, at the conclusion of a school district's investigation, a school employee has the right to review his or her entire personnel file, investigative file, or other file maintained by the school district relating to sexual misconduct as addressed in this section and to attach rebuttals to any documents as the employee deems necessary. Rebuttal documents shall be disclosed in the same manner as the documents to which they are attached. The provisions of this subsection do not supersede the protections provided individuals under the state whistleblower laws in chapter 42.41 RCW. [ 2005 c 266 s 1; 2004 c 29 s 2.] NOTES: Findings— RCW 28A.400.302 Application question on administrative leave. A school district employment application may not include a question asking whether the applicant has ever been placed on administrative leave. [ 2019 c 295 s 311.] NOTES: Effective date— RCW 28A.400.303 Record checks for employees and certain volunteers and contractors—Cost. (1)(a) School districts, educational service districts, the Washington center for deaf and hard of hearing youth, the state school for the blind, the office of the superintendent of public instruction, and their contractors shall require a record check through the Washington state patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030, and 10.97.050 and through the federal bureau of investigation criminal justice information systems before hiring the following employees: (i) Employees who will have regularly scheduled unsupervised access to children or persons with developmental disabilities; and (ii) Employees who receive criminal history record information or personally identifiable information from the record check. (b) A record check under this section must include a fingerprint check using a complete Washington state criminal identification fingerprint card. (c) The requesting entity may provide a copy of the record report to the applicant at the applicant's request. (d) When necessary, applicants for employment may be employed on a conditional basis pending completion of the record check. (e) If the applicant for employment has had a record check within the previous two years, the district, the Washington center for deaf and hard of hearing youth, the state school for the blind, the office of the superintendent of public instruction, or contractor may waive the requirement. (f) Except as provided in subsection (2) of this section, the school district, pursuant to chapter 41.59 or 41.56 RCW, the Washington center for deaf and hard of hearing youth, the state school for the blind, the office of the superintendent of public instruction, or contractor hiring the employee shall determine who shall pay costs associated with the record check. (2) Federal bureau of Indian affairs-funded schools may use the process in subsection (1)(a) of this section to perform record checks for their employees and applicants for employment. (3)(a) School districts, educational service districts, the Washington center for deaf and hard of hearing youth, the state school for the blind, federal bureau of Indian affairs-funded schools, charter schools established under chapter 28A.710 RCW, schools that are the subject of a state-tribal education compact under chapter 28A.715 RCW, and their contractors may use the process in subsection (1)(a) of this section to perform record checks for any prospective volunteer who will have regularly scheduled unsupervised access to children under eighteen years of age or persons with developmental disabilities, during the course of his or her involvement with the school or organization under circumstances where access will or may involve the following: (i) Groups of five or fewer children under twelve years of age; (ii) Groups of three or fewer children between twelve and eighteen years of age; or (iii) Persons with developmental disabilities. (b) For purposes of (a) of this subsection, "unsupervised" means not in the presence of: (i) Another employee or volunteer from the same school or organization; or (ii) Any relative or guardian of any of the children or persons with developmental disabilities to which the prospective employee or volunteer has access during the course of his or her involvement with the school or organization. (4) Individuals who hold a valid portable background check clearance card issued by the department of children, youth, and families consistent with RCW 43.216.270 can meet the requirements in subsection (1) of this section by providing a true and accurate copy of their Washington state patrol and federal bureau of investigation background report results to the office of the superintendent of public instruction. (5) The cost of record checks must include: The fees established by the Washington state patrol and the federal bureau of investigation for the criminal history background checks; a fee