Remote and hybrid learning

AN ACT Relating to replacing statutory references to alternative 1
learning experiences with remote and hybrid learning; amending RCW 2
28A.232.005, 28A.232.010, 28A.232.020, 28A.232.030, 28A.150.100, 3
28A.225.020, 28A.225.151, 28A.250.070, 28A.340.080, 28A.340.085, 4
28A.520.020, 28A.525.162, and 28A.525.166; and reenacting and 5
amending RCW 28A.500.015. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 28A.232.005 and 2013 2nd sp.s. c 18 s 501 are each 8
amended to read as follows: 9
(1) Under Article IX of the Washington state Constitution, all 10
children are entitled to an opportunity to receive a basic education. 11
Although the state must assure that students in public schools have 12
opportunities to participate in the instructional program of basic 13
education, there is no obligation for either the state or school 14
districts to provide that instruction using a particular delivery 15
method or through a particular program. 16
(2) The legislature finds ample evidence of the need to examine 17
and reconsider policies under which ((alternative)) remote and hybrid 18
learning that occurs outside the classroom using an individual 19
student learning plan may be considered equivalent to full-time 20
attendance in school, including for funding purposes. Previous 21
H-2529.2
HOUSE BILL 2142
State of Washington 69th Legislature 2026 Regular Session
By Representative McClintock
Prefiled 12/15/25. Read first time 01/12/26. Referred to Committee
on Education.
p. 1 HB 2142
legislative studies have raised questions about financial practices 1
and accountability in remote and hybrid learning courses, previously 2
known as alternative learning experience courses. Since 2005, there 3
has been significant enrollment growth in ((alternative learning 4
experience)) remote and hybrid learning online courses, with evidence 5
of unexpected financial impact when large numbers of nonresident 6
students enroll in courses. Based on this evidence, there is a 7
rational basis on which to conclude that there are different costs 8
associated with providing courses not primarily based on full-time, 9
daily contact between teachers and students and not primarily 10
occurring on-site in a classroom. 11
(3) For these reasons, the legislature intends to allow for 12
continuing review and revision of the way in which state funding 13
allocations are used to support ((alternative learning experience )) 14
remote and hybrid learning courses. 15
Sec. 2. RCW 28A.232.010 and 2018 c 56 s 1 are each amended to 16
read as follows: 17
(1) The definitions in this subsection apply throughout this 18
chapter unless the context clearly requires otherwise.19
(a) (("Alternative learning experience course" means a course, or 20
for grades kindergarten through eight grade-level coursework, that is 21
a delivery method for the program of basic education and is:22
(i) Provided in whole or in part independently from a regular 23
classroom setting or schedule, but may include some components of 24
direct instruction;25
(ii) Supervised, monitored, assessed, evaluated, and documented 26
by a certificated teacher employed by the school district or under 27
contract as permitted by applicable rules; and28
(iii) Provided in accordance with a written student learning plan 29
that is implemented pursuant to the school district's policy and 30
rules adopted by the superintendent of public instruction for 31
alternative learning experiences.32
(b))) "In-person" means face-to-face instructional contact in a 33
physical classroom environment. 34
(((c))) (b) "Instructional contact time" means instructional time 35
with a certificated teacher. Instructional contact time must be for 36
the purposes of actual instruction, review of assignments, testing, 37
evaluation of student progress, or other learning activities or 38
requirements identified in the student's written student learning 39
p. 2 HB 2142
plan. Instructional contact time must be related to ((an alternative 1
learning experience)) a remote and hybrid learning course identified 2
in the student's written student learning plan. Instructional contact 3
time may occur in a group setting between the teacher and multiple 4
students and may be delivered either in-person or remotely using 5
technology. 6
(((d))) (c) "Online course" means ((an alternative learning 7
experience)) a remote and hybrid learning course that has the same 8
meaning as provided in RCW 28A.250.010. 9
(d) "Remote and hybrid learning course" means a course, or for 10
grades kindergarten through eight grade-level coursework, that is a 11
delivery method for the program of basic education and is:12
(i) Provided in whole or in part independently from a regular 13
classroom setting or schedule, but may include some components of 14
direct instruction;15
(ii) Supervised, monitored, assessed, evaluated, and documented 16
by a certificated teacher employed by the school district or under 17
contract as permitted by applicable rules; and18
(iii) Provided in accordance with a written student learning plan 19
that is implemented pursuant to the school district's policy and 20
rules adopted by the superintendent of public instruction for remote 21
and hybrid learning.22
(e) "Remote course" means ((an alternative learning experience )) 23
a remote and hybrid learning course that is not an online course 24
where the written student learning plan for the course does not 25
include a requirement for in-person instructional contact time. No 26
minimum in-person instructional contact time is required.27
(f) "Site-based course" means ((an alternative learning 28
experience)) a remote and hybrid learning course where the written 29
student learning plan for the course includes a requirement for in-30
person instructional contact time. 31
(g) "Total weekly time" means the estimated average hours per 32
school week the student will engage in learning activities to meet 33
the requirements of the written student learning plan.34
(2) School districts may claim state funding under RCW 35
28A.232.020, to the extent otherwise allowed by state law including 36
the provisions of RCW 28A.250.060, for students enrolled in remote, 37
site-based, or online ((alternative learning experience )) remote and 38
hybrid learning courses. High school courses must meet district or 39
state graduation requirements and be offered for high school credit.40
p. 3 HB 2142
(3) School districts that offer ((alternative learning 1
experience)) remote and hybrid learning courses may not provide any 2
compensation, reimbursement, gift, reward, or gratuity to any 3
parents, guardians, or students for participation in the courses. 4
School district employees are prohibited from receiving any 5
compensation or payment as an incentive to increase student 6
enrollment of out-of-district students in ((alternative learning 7
experience)) remote and hybrid learning courses. This prohibition 8
includes, but is not limited to, providing funds to parents, 9
guardians, or students for the purchase of educational materials, 10
supplies, experiences, services, or technological equipment. A 11
district may purchase educational materials, equipment, or other 12
nonconsumable supplies for students' use in ((alternative learning 13
experience)) remote and hybrid learning courses if the purchase is 14
consistent with the district's approved curriculum, conforms to 15
applicable laws and rules, and is made in the same manner as such 16
purchases are made for students in the district's regular 17
instructional program. Items so purchased remain the property of the 18
school district upon program completion. School districts may not 19
purchase or contract for instructional or cocurricular experiences 20
and services that are included in ((an alternative learning 21
experience)) a remote and hybrid learning written student learning 22
plan, including but not limited to lessons, trips, and other 23
activities, unless substantially similar experiences and services are 24
available to students enrolled in the district's regular 25
instructional program. School districts that purchase or contract for 26
such experiences and services for students enrolled in ((an 27
alternative learning experience)) a remote and hybrid learning course 28
must submit an annual report to the office of the superintendent of 29
public instruction detailing the costs and purposes of the 30
expenditures. These requirements extend to contracted providers of 31
((alternative learning experience )) remote and hybrid learning 32
courses, and each district shall be responsible for monitoring the 33
compliance of its providers with these requirements. However, nothing 34
in this subsection shall prohibit school districts from contracting 35
with school district employees to provide services or experiences to 36
students, or from contracting with online providers approved by the 37
office of the superintendent of public instruction pursuant to 38
chapter 28A.250 RCW. 39
p. 4 HB 2142
(4) Each school district offering or contracting to offer 1
((alternative learning experience )) remote and hybrid learning 2
courses must: 3
(a) Report annually to the superintendent of public instruction 4
regarding the course types and offerings, and number of students 5
participating in each; and6
(b) Document the district of residence for each student enrolled 7
in ((an alternative learning experience )) a remote and hybrid 8
learning course((; and9
(c) Beginning in the 2013 -14 school year and continuing through 10
the 2016-17 school year, pay costs associated with a biennial measure 11
of student outcomes and financial audit of the district's alternative 12
learning experience courses by the office of the state auditor)).13
(5) A school district offering or contracting to offer ((an 14
alternative learning experience)) a remote and hybrid learning course 15
to a nonresident student must inform the resident school district if 16
the student drops out of the course or is otherwise no longer 17
enrolled. 18
(6) School districts must assess the educational progress of 19
enrolled students at least annually, using, for full-time students, 20
the state assessment for the student's grade level and using any 21
other annual assessments required by the school district. Part-time 22
students must also be assessed at least annually. However, part-time 23
students who are either receiving home-based instruction under 24
chapter 28A.200 RCW or who are enrolled in an approved private school 25
under chapter 28A.195 RCW are not required to participate in the 26
assessments required under chapter 28A.655 RCW. The rules must 27
address how students who reside outside the geographic service area 28
of the school district are to be assessed. 29
(7) Beginning with the 2013-14 school year, school districts must 30
designate ((alternative learning experience )) remote and hybrid 31
learning courses as such when reporting course information to the 32
office of the superintendent of public instruction under RCW 33
28A.300.500. 34
(8)(a) The superintendent of public instruction shall adopt rules 35
necessary to implement this section. 36
(b) Rules adopted for weekly direct personal contact requirements 37
and monthly progress evaluation must be flexible and reflect the 38
needs of the student and the student's individual learning plan 39
rather than specifying an amount of time. In addition, the rules must 40
p. 5 HB 2142
reduce documentation requirements, particularly for students making 1
satisfactory progress, based on the unique aspects of the 2
((alternative learning experience)) remote and hybrid learning course 3
types defined in this section and taking into consideration the 4
technical and system capabilities associated with the different 5
course types. 6
(c) The rules must establish procedures that address how the 7
counting of students must be coordinated by resident and nonresident 8
districts for state funding so that no student is counted for more 9
than one full-time equivalent in the aggregate. 10
Sec. 3. RCW 28A.232.020 and 2013 2nd sp.s. c 18 s 503 are each 11
amended to read as follows: 12
The superintendent of public instruction shall separately 13
calculate and allocate moneys appropriated under RCW 28A.150.260 to 14
school districts for each full-time equivalent student enrolled in 15
((an alternative learning experience )) a remote and hybrid learning 16
course. The calculation shall be based on the estimated statewide 17
annual average allocation per full-time equivalent student in grades 18
nine through twelve in general education, excluding small high school 19
enhancements, and including applicable rules and provisions of the 20
omnibus appropriations act. 21
Sec. 4. RCW 28A.232.030 and 2017 c 291 s 9 are each amended to 22
read as follows: 23
The superintendent of public instruction may adopt rules to bring 24
consistency and uniformity to attendance and truancy definitions in 25
the ((alternative learning experience )) remote and hybrid learning 26
setting, establish procedures for addressing truancy in all 27
((alternative learning experience )) remote and hybrid learning 28
courses, leverage existing systems to facilitate truancy actions 29
between school districts and courts when the student has transferred 30
out of his or her resident district to enroll in ((an alternative 31
learning experience )) a remote and hybrid learning course; and 32
clarify the responsibility of school districts in the event of 33
rescinding a student transfer. 34
Sec. 5. RCW 28A.150.100 and 2022 c 109 s 6 are each amended to 35
read as follows: 36
p. 6 HB 2142
(1) For the purposes of this section and RCW 28A.150.410 and 1
28A.400.200, "basic education certificated instructional staff" means 2
all full-time equivalent classroom teachers, teacher-librarians, 3
counselors, certificated student health services staff, and other 4
certificated instructional staff in the following programs as defined 5
for statewide school district accounting purposes: Basic education, 6
secondary vocational education, general instructional support, and 7
general supportive services. 8
(2) Each school district shall maintain a ratio of at least 46 9
basic education certificated instructional staff to 1,000 annual 10
average full-time equivalent students. This requirement does not 11
apply to that portion of a district's annual average full-time 12
equivalent enrollment that is enrolled in ((alternative learning 13
experience)) remote and hybrid learning courses as defined in RCW 14
28A.232.010. 15
Sec. 6. RCW 28A.225.020 and 2021 c 119 s 9 are each amended to 16
read as follows: 17
(1) If a child required to attend school under RCW 28A.225.010 18
fails to attend school without valid justification, the public school 19
in which the child is enrolled shall: 20
(a) Inform the child's parent by a notice in writing or by 21
telephone whenever the child has failed to attend school after one 22
unexcused absence within any month during the current school year. 23
School officials shall inform the parent of the potential 24
consequences of additional unexcused absences. If the parent is not 25
fluent in English, the school must make reasonable efforts to provide 26
this information in a language in which the parent is fluent;27
(b) Schedule a conference or conferences with the parent and 28
child at a time reasonably convenient for all persons included for 29
the purpose of analyzing the causes of the child's absences after 30
three unexcused absences within any month during the current school 31
year. If a regularly scheduled parent-teacher conference day is to 32
take place within thirty days of the third unexcused absence, then 33
the school district may schedule this conference on that day. If the 34
child's parent does not attend the scheduled conference, the 35
conference may be conducted with the student and school official. 36
However the parent shall be notified of the steps to be taken to 37
eliminate or reduce the child's absence; and 38
p. 7 HB 2142
(c) At some point after the second and before the seventh 1
unexcused absence, take data-informed steps to eliminate or reduce 2
the child's absences. 3
(i) In middle school and high school, these steps must include 4
application of the Washington assessment of the risks and needs of 5
students (WARNS) or other assessment by a school district's designee 6
under RCW 28A.225.026. 7
(ii) For any child with an existing individualized education plan 8
or 504 plan, these steps must include the convening of the child's 9
individualized education plan or 504 plan team, including a behavior 10
specialist or mental health specialist where appropriate, to consider 11
the reasons for the absences. If necessary, and if consent from the 12
parent is given, a functional behavior assessment to explore the 13
function of the absence behavior shall be conducted and a detailed 14
behavior plan completed. Time should be allowed for the behavior plan 15
to be initiated and data tracked to determine progress.16
(iii) With respect to any child, without an existing 17
individualized education plan or 504 plan, reasonably believed to 18
have a mental or physical disability or impairment, these steps must 19
include informing the child's parent of the right to obtain an 20
appropriate evaluation at no cost to the parent to determine whether 21
the child has a disability or impairment and needs accommodations, 22
related services, or special education services. This includes 23
children with suspected emotional or behavioral disabilities as 24
defined in WAC 392-172A-01035. If the school obtains consent to 25
conduct an evaluation, time should be allowed for the evaluation to 26
be completed, and if the child is found to be eligible for special 27
education services, accommodations, or related services, a plan 28
developed to address the child's needs. 29
(iv) These steps must include, where appropriate, providing an 30
available approved best practice or research-based intervention, or 31
both, consistent with the WARNS profile or other assessment, if an 32
assessment was applied, adjusting the child's school program or 33
school or course assignment, providing more individualized or 34
remedial instruction, providing appropriate vocational courses or 35
work experience, referring the child to a community engagement board, 36
requiring the child to attend an alternative school or program, or 37
assisting the parent or child to obtain supplementary services that 38
might eliminate or ameliorate the cause or causes for the absence 39
from school. 40
p. 8 HB 2142
(2) For purposes of this chapter, an "unexcused absence" means 1
that a child: 2
(a)(i) Has failed to attend the majority of hours or periods in 3
an average school day or has failed to comply with a more restrictive 4
school district policy; and 5
(ii) Has failed to meet the school district's policy for excused 6
absences; or 7
(b) Has failed to comply with ((alternative learning experience)) 8
remote and hybrid learning program attendance requirements as 9
described by the superintendent of public instruction.10
(3) If a child transfers from one school district to another 11
during the school year, the receiving school or school district shall 12
include the unexcused absences accumulated at the previous school or 13
from the previous school district for purposes of this section, RCW 14
28A.225.030, and 28A.225.015. The sending school district shall 15
provide this information to the receiving school, together with a 16
copy of any previous assessment as required under subsection (1)(c) 17
of this section, history of any best practices or researched-based 18
intervention previously provided to the child by the child's sending 19
school district, and a copy of the most recent truancy information 20
including any online or written acknowledgment by the parent and 21
child, as provided for in RCW 28A.225.005. All school districts must 22
use the standard choice transfer form for releasing a student to a 23
nonresident school district for the purposes of accessing ((an 24
alternative learning experience )) a remote and hybrid learning 25
program. 26
Sec. 7. RCW 28A.225.151 and 2021 c 119 s 8 are each amended to 27
read as follows: 28
(1) As required under subsection (2) of this section, the office 29
of superintendent of public instruction shall collect and school 30
districts shall submit student-level truancy data in order to allow a 31
better understanding of actions taken under RCW 28A.225.030. The 32
office shall prepare an annual report to the legislature by December 33
15th of each year. 34
(2) The reports under subsection (1) of this section shall 35
include, disaggregated by student group: 36
(a) The number of enrolled students and the number of unexcused 37
absences; 38
p. 9 HB 2142
(b) The number of enrolled students with 15 or more unexcused 1
absences in a school year or seven or more unexcused absences in a 2
month during a school year; 3
(c) A description of any programs or schools developed to serve 4
students who have had seven or more unexcused absences in a month or 5
15 in a year including information about the number of students in 6
the program or school and the number of unexcused absences of 7
students during and after participation in the program. The school 8
district shall also describe any placements in an approved private 9
nonsectarian school or program or certified program under a court 10
order under RCW 28A.225.090; 11
(d) The number of petitions filed by a school district with the 12
juvenile court and, beginning in the 2018-19 school year, whether the 13
petition results in: 14
(i) Referral to a community engagement board; 15
(ii) Other coordinated means of intervention; 16
(iii) A hearing in the juvenile court; or 17
(iv) Other less restrictive disposition (e.g., change of 18
placement, home school, ((alternative learning experience )) remote 19
and hybrid learning, residential treatment); and 20
(e) Each instance of imposition of detention for failure to 21
comply with a court order under RCW 28A.225.090, with a statement of 22
the reasons for each instance of detention. 23
(3) A report required under this section shall not disclose the 24
name or other identification of a child or parent.25
(4) The K-12 data governance group shall develop the data 26
protocols and guidance for school districts in the collection of data 27
to provide a clearer understanding of actions taken under RCW 28
28A.225.030. 29
Sec. 8. RCW 28A.250.070 and 2017 c 291 s 8 are each amended to 30
read as follows: 31
Nothing in this chapter is intended to diminish the rights of 32
students to attend a nonresident school district in accordance with 33
RCW 28A.225.220 through 28A.225.230 for the purposes of enrolling in 34
((alternative learning experience )) remote and hybrid learning 35
programs. The office of online learning under RCW 28A.250.030 shall 36
develop a standard form, which must be used by all school districts, 37
for releasing a student to a nonresident school district for the 38
p. 10 HB 2142
purposes of enrolling in ((an alternative learning experience )) a 1
remote and hybrid learning program. 2
Sec. 9. RCW 28A.340.080 and 2013 c 192 s 1 are each amended to 3
read as follows: 4
(1) Two or more nonhigh school districts may form an 5
interdistrict cooperative to offer an innovation academy cooperative, 6
as defined in RCW 28A.340.085 and subject to the approval of the 7
office of the superintendent of public instruction under RCW 8
28A.340.090, for high school students residing in the participating 9
nonhigh school districts or for high school students residing in 10
other school districts who enroll in the cooperative's reporting 11
district under RCW 28A.225.220 through 28A.225.230. However, a high 12
school student residing in a school district that is not a 13
participating member of the cooperative may not enroll exclusively in 14
((alternative learning experience courses or programs as defined by 15
RCW 28A.150.325)) remote and hybrid learning courses as defined in 16
RCW 28A.232.010. Nothing in this section is intended to affect or 17
otherwise modify the superintendent of public instruction's duty to 18
approve and monitor online providers pursuant to RCW 28A.250.020.19
(2) Enrollment in an innovation academy cooperative is optional 20
for students. For students residing in a participating nonhigh school 21
district who enroll in a high school district rather than the 22
innovation academy cooperative, the provisions of RCW 28A.540.110 and 23
chapter 28A.545 RCW apply to the nonhigh school district.24
(3) Each innovation academy cooperative shall designate one of 25
the participating nonhigh school districts to report enrolled 26
students for funding purposes. The reporting district shall claim the 27
monthly full-time equivalent students enrolled in the innovation 28
academy cooperative and receive state funding allocations, including 29
basic education allocations that are based on the small high school 30
allocation under the appropriations act to the extent the number of 31
students enrolled in the innovation academy cooperative meets the 32
criteria for a small high school. 33
Sec. 10. RCW 28A.340.085 and 2010 c 99 s 3 are each amended to 34
read as follows: 35
(1) For the purposes of RCW 28A.340.080 through 28A.340.090, an 36
innovation academy cooperative is a high school program with one or 37
more of the following characteristics: 38
p. 11 HB 2142
(a) Interdisciplinary curriculum and instruction organized into 1
subject-focused themes or academies. Programs are encouraged to 2
provide an initial focus on academies in science, technology, 3
engineering, and mathematics; 4
(b) A combination of instructional service delivery models, 5
including ((alternative learning experiences )) remote and hybrid 6
learning, online learning, work-based learning, experiential and 7
field-based learning, and direct classroom instruction at multiple 8
and varying locations; 9
(c) Intensive and accelerated learning to enable students to 10
complete high school credits in a short time period; and11
(d) Creative scheduling and use of existing school or community 12
facilities in innovative ways to minimize facility and transportation 13
costs and maximize access for students who may be geographically 14
dispersed. 15
(2) Participating nonhigh school districts shall work with local 16
community and technical colleges and four-year institutions of higher 17
education to expand the learning options available for students in an 18
innovation academy cooperative. 19
Sec. 11. RCW 28A.500.015 and 2025 c 405 s 1 and 2025 c 404 s 2 20
are each reenacted and amended to read as follows:21
(1) Beginning in calendar year 2020 and each calendar year 22
thereafter, the state must provide state local effort assistance 23
funding to supplement school district enrichment levies as provided 24
in this section. 25
(2)(a) For an eligible school district with an actual enrichment 26
levy rate that is less than $1.50 per $1,000 of assessed value in the 27
school district, the annual local effort assistance funding is equal 28
to the school district's maximum local effort assistance multiplied 29
by a fraction equal to the school district's actual enrichment levy 30
rate divided by $1.50 per $1,000 of assessed value in the school 31
district. 32
(b) For an eligible school district with an actual enrichment 33
levy rate that is equal to or greater than $1.50 per $1,000 of 34
assessed value in the school district, the annual local effort 35
assistance funding is equal to the school district's maximum local 36
effort assistance. 37
(c) Beginning in calendar year 2022, for state-tribal education 38
compact schools established under chapter 28A.715 RCW, the annual 39
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local effort assistance funding is equal to the actual enrichment 1
levy per student as calculated by the superintendent of public 2
instruction for the previous year for the school district in which 3
the state-tribal education compact school is located, up to a maximum 4
per-student amount of $1,550 as increased by inflation from the 2019 5
calendar year, multiplied by the student enrollment of the state-6
tribal education compact school in the prior school year.7
(3) The state local effort assistance funding provided under this 8
section is not part of the state's program of basic education deemed 9
by the legislature to comply with the requirements of Article IX, 10
section 1 of the state Constitution. 11
(4) The definitions in this subsection apply throughout this 12
section unless the context clearly requires otherwise.13
(a) "Eligible school district" means a school district where the 14
amount generated by a levy of $1.50 per $1,000 of assessed value in 15
the school district, divided by the school district's total student 16
enrollment in the prior school year, is less than the state local 17
effort assistance threshold. 18
(b) "Inflation" means the implicit price deflator for the 19
previous calendar year using the official current base, compiled by 20
the bureau of economic analysis, United States department of 21
commerce. 22
(c) "Maximum local effort assistance" means the difference 23
between the following: 24
(i) The school district's actual prior school year enrollment 25
multiplied by the state local effort assistance threshold; and26
(ii) The amount generated by a levy of $1.50 per $1,000 of 27
assessed value in the school district. 28
(d) "Prior school year" means the most recent school year 29
completed prior to the year in which the state local effort 30
assistance funding is to be distributed. 31
(e) "State local effort assistance threshold" means $1,550 per 32
student, increased for inflation beginning in calendar year 2020.33
(f) "Student enrollment" means the average annual full-time 34
equivalent student enrollment, reduced by the ((alternative learning 35
experience)) remote and hybrid learning adjustment. ((Alternative 36
learning experience )) Remote and hybrid learning adjustment equals 37
(f)(i) of this subsection minus (f)(ii) of this subsection if a 38
school district's full-time equivalent student enrollment in 39
((alternative learning experience )) remote and hybrid learning 40
p. 13 HB 2142
courses exceeds 33 percent of average annual full-time equivalent 1
student enrollment. 2
(i) The full-time equivalent students enrolled in ((an 3
alternative learning experience )) a remote and hybrid learning 4
course. 5
(ii) Average annual full-time equivalent student enrollment 6
multiplied by 33 percent. 7
(5) For districts in a high/nonhigh relationship, the enrollments 8
of the nonhigh students attending the high school shall only be 9
counted by the nonhigh school districts for purposes of funding under 10
this section. 11
(6) For school districts participating in an innovation academy 12
cooperative established under RCW 28A.340.080, enrollments of 13
students attending the academy shall be adjusted so that each 14
participant district receives its proportional share of student 15
enrollments for purposes of funding under this section.16
Sec. 12. RCW 28A.520.020 and 2014 c 155 s 2 are each amended to 17
read as follows: 18
(1) There shall be a fund known as the federal forest revolving 19
account. The state treasurer, who shall be custodian of the revolving 20
account, shall deposit into the revolving account the funds for each 21
county received by the state in accordance with Title 16, section 22
500, United States Code. The state treasurer shall distribute these 23
moneys to the counties according to the determined proportional area. 24
The county legislative authority shall expend fifty percent of the 25
money for the benefit of the public roads and other public purposes 26
as authorized by federal statute or public schools of such county and 27
not otherwise. Disbursements by the counties of the remaining fifty 28
percent of the money shall be as authorized by the superintendent of 29
public instruction, or the superintendent's designee, and shall occur 30
in the manner provided in subsection (2) of this section.31
(2) No later than thirty days following receipt of the funds from 32
the federal government, the superintendent of public instruction 33
shall apportion moneys distributed to counties for schools to public 34
school districts in the respective counties in proportion to the 35
number of resident full-time equivalent students enrolled in each 36
public school district to the number of resident full-time equivalent 37
students enrolled in public schools in the county. In apportioning 38
p. 14 HB 2142
these funds, the superintendent of public instruction shall utilize 1
the October enrollment count. 2
(3)(a) Except as provided in (b) of this subsection, if the 3
amount received by any public school district pursuant to subsection 4
(2) of this section is less than the basic education allocation to 5
which the district would otherwise be entitled, the superintendent of 6
public instruction shall apportion to the district, in the manner 7
provided by RCW 28A.510.250, an amount which shall be the difference 8
between the amount received pursuant to subsection (2) of this 9
section and the basic education allocation to which the district 10
would otherwise be entitled. 11
(b) If a school district has a poverty level of at least fifty-12
seven percent, the superintendent may not offset that district's 13
basic education allocation by the amount of those federal forest 14
revenues, to the extent that such revenues do not exceed seventy 15
thousand dollars. The superintendent may offset the district's basic 16
education allocations by the portion of the federal forest revenues 17
that exceeds seventy thousand dollars. For purposes of this section, 18
poverty is measured by the percentage of students eligible for free 19
and reduced-price lunch in the previous school year.20
(4) All federal forest funds shall be expended in accordance with 21
the requirements of Title 16, section 500, United States Code, as now 22
existing or hereafter amended. 23
(5) The definition of resident student for purposes of this 24
section shall be based on rules adopted by the superintendent of 25
public instruction, which shall consider and address the impact of 26
((alternative learning experience )) remote and hybrid learning 27
students on federal forest funds distribution. 28
Sec. 13. RCW 28A.525.162 and 2013 2nd sp.s. c 18 s 513 are each 29
amended to read as follows: 30
(1) Funds appropriated to the superintendent of public 31
instruction from the common school construction fund shall be 32
allotted by the superintendent of public instruction in accordance 33
with this chapter. 34
(2) No allotment shall be made to a school district until such 35
district has provided local funds equal to or greater than the 36
difference between the total approved project cost and the amount of 37
state funding assistance to the district for financing the project 38
computed pursuant to RCW 28A.525.166, with the following exceptions:39
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(a) The superintendent of public instruction may waive the local 1
requirement for state funding assistance for districts which have 2
provided funds for school building construction purposes through the 3
authorization of bonds or through the authorization of excess tax 4
levies or both in an amount equivalent to two and one-half percent of 5
the value of its taxable property, as defined in RCW 39.36.015.6
(b) No such local funds shall be required as a condition to the 7
allotment of funds from the state for the purpose of making major or 8
minor structural changes to existing school facilities in order to 9
bring such facilities into compliance with the barrier free access 10
requirements of section 504 of the federal rehabilitation act of 1973 11
(29 U.S.C. Sec. 706) and rules implementing the act.12
(3) For the purpose of computing the state funding assistance 13
percentage under RCW 28A.525.166 when a school district is granted 14
authority to enter into contracts, adjusted valuation per pupil shall 15
be calculated using head count student enrollments from the most 16
recent October enrollment reports submitted by districts to the 17
superintendent of public instruction, adjusted as follows:18
(a) In the case of projects for which local bonds were approved 19
after May 11, 1989: 20
(i) For districts which have been designated as serving high 21
school districts under RCW 28A.540.110, students residing in the 22
nonhigh district so designating shall be excluded from the enrollment 23
count if the student is enrolled in any grade level not offered by 24
the nonhigh district; 25
(ii) The enrollment of nonhigh school districts shall be 26
increased by the number of students residing within the district who 27
are enrolled in a serving high school district so designated by the 28
nonhigh school district under RCW 28A.540.110, including only 29
students who are enrolled in grade levels not offered by the nonhigh 30
school district; and 31
(iii) The number of preschool students with disabilities included 32
in the enrollment count shall be multiplied by one-half;33
(b) In the case of construction or modernization of high school 34
facilities in districts serving students from nonhigh school 35
districts, the adjusted valuation per pupil shall be computed using 36
the combined adjusted valuations and enrollments of each district, 37
each weighted by the percentage of the district's resident high 38
school students served by the high school district;39
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(c) The number of kindergarten students included in the 1
enrollment count shall be counted as one head count student; and2
(d) The number of students residing outside the school district 3
who are enrolled in ((alternative learning experience )) remote and 4
hybrid learning courses under RCW 28A.232.010 shall be excluded from 5
the total. 6
(4) In lieu of the exclusion in subsection (3)(d) of this 7
section, a district may submit an alternative calculation for 8
excluding students enrolled in ((alternative learning experience )) 9
remote and hybrid learning courses. The alternative calculation must 10
show the student head count use of district classroom facilities on a 11
regular basis for a regular duration by out-of-district ((alternative 12
learning experience )) remote and hybrid learning students subtracted 13
by the head count of in-district ((alternative learning experience )) 14
remote and hybrid learning students not using district classroom 15
facilities on a regular basis for a reasonable duration. The 16
alternative calculation must be submitted in a form approved by the 17
office of the superintendent of public instruction. The office of the 18
superintendent of public instruction must develop rules to define 19
"regular basis" and "reasonable duration." 20
(5) The superintendent of public instruction, considering policy 21
recommendations from the school facilities citizen advisory panel, 22
shall prescribe such rules as are necessary to equate insofar as 23
possible the efforts made by school districts to provide capital 24
funds by the means aforesaid. 25
(6) For the purposes of this section, "preschool students with 26
disabilities" means children of preschool age who have developmental 27
disabilities who are entitled to services under RCW 28A.155.010 28
through 28A.155.100 and are not included in the kindergarten 29
enrollment count of the district. 30
Sec. 14. RCW 28A.525.166 and 2015 3rd sp.s. c 3 s 7018 are each 31
amended to read as follows: 32
Allocations to school districts of state funds provided by RCW 33
28A.525.162 through 28A.525.180 shall be made by the superintendent 34
of public instruction and the amount of state funding assistance to a 35
school district in financing a school plant project shall be 36
determined in the following manner: 37
(1) The boards of directors of the districts shall determine the 38
total cost of the proposed project, which cost may include the cost 39
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of acquiring and preparing the site, the cost of constructing the 1
building or of acquiring a building and preparing the same for school 2
use, the cost of necessary equipment, taxes chargeable to the 3
project, necessary architects' fees, and a reasonable amount for 4
contingencies and for other necessary incidental expenses: PROVIDED, 5
That the total cost of the project shall be subject to review and 6
approval by the superintendent. 7
(2) The state funding assistance percentage for a school district 8
shall be computed by the following formula: 9
The ratio of the school district's adjusted valuation per pupil 10
divided by the ratio of the total state adjusted valuation per pupil 11
shall be subtracted from three, and then the result of the foregoing 12
shall be divided by three plus (the ratio of the school district's 13
adjusted valuation per pupil divided by the ratio of the total state 14
adjusted valuation per pupil). 15
16 District adjusted Total state
17 3-valuation ÷ adjusted valuation
18 Computed per pupil per pupil State
19 State = ———————————————— = - % Funding
20 Ratio District adjusted Total state Assistance
21 3+valuation ÷ adjusted valuation
22 per pupil per pupil
PROVIDED, That in the event the state funding assistance percentage 23
to any school district based on the above formula is less than twenty 24
percent and such school district is otherwise eligible for state 25
funding assistance under RCW 28A.525.162 through 28A.525.180, the 26
superintendent may establish for such district a state funding 27
assistance percentage not in excess of twenty percent of the approved 28
cost of the project, if the superintendent finds that such additional 29
assistance is necessary to provide minimum facilities for housing the 30
pupils of the district. 31
(3) In addition to the computed state funding assistance 32
percentage developed in subsection (2) of this section, a school 33
district shall be entitled to additional percentage points determined 34
by the average percentage of growth for the past three years. One 35
percent shall be added to the computed state funding assistance 36
percentage for each percent of growth, with a maximum of twenty 37
percent. 38
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(4) In computing the state funding assistance percentage in 1
subsection (2) of this section and adjusting the percentage under 2
subsection (3) of this section, students residing outside the school 3
district who are enrolled in ((alternative learning experience )) 4
remote and hybrid learning courses under RCW 28A.232.010 shall be 5
excluded from the count of total pupils. In lieu of the exclusion in 6
this subsection, a district may submit an alternative calculation for 7
excluding students enrolled in ((alternative learning experience )) 8
remote and hybrid learning courses. The alternative calculation must 9
show the student head count use of district classroom facilities on a 10
regular basis for a reasonable duration by out-of-district 11
((alternative learning experience )) remote and hybrid learning 12
students subtracted by the head count of in-district ((alternative 13
learning experience )) remote and hybrid learning students not using 14
district classroom facilities on a regular basis for a reasonable 15
duration. The alternative calculation must be submitted in a form 16
approved by the office of the superintendent of public instruction. 17
The office of the superintendent of public instruction must develop 18
rules to define "regular basis" and "reasonable duration."19
(5) The approved cost of the project determined in the manner 20
prescribed in this section multiplied by the state funding assistance 21
percentage derived as provided for in this section shall be the 22
amount of state funding assistance to the district for the financing 23
of the project: PROVIDED, That need therefor has been established to 24
the satisfaction of the superintendent: PROVIDED, FURTHER, That 25
additional state funding assistance may be allowed if it is found by 26
the superintendent, considering policy recommendations from the 27
school facilities citizen advisory panel that such assistance is 28
necessary in order to meet (a) a school housing emergency resulting 29
from the destruction of a school building by fire, the condemnation 30
of a school building by properly constituted authorities, a sudden 31
excessive and clearly foreseeable future increase in school 32
population, or other conditions similarly emergent in nature; or (b) 33
a special school housing burden resulting from projects of statewide 34
significance or imposed by virtue of the admission of nonresident 35
students into educational programs established, maintained and 36
operated in conformity with the requirements of law; or (c) a 37
deficiency in the capital funds of the district resulting from 38
financing, subsequent to April 1, 1969, and without benefit of the 39
state funding assistance provided by prior state assistance programs, 40
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the construction of a needed school building project or projects 1
approved in conformity with the requirements of such programs, after 2
having first applied for and been denied state funding assistance 3
because of the inadequacy of state funds available for the purpose; 4
or (d) a condition created by the fact that an excessive number of 5
students live in state owned housing; or (e) a need for the 6
construction of a school building to provide for improved school 7
district organization or racial balance; or (f) conditions similar to 8
those defined under (a), (b), (c), (d), and (e) of this subsection, 9
creating a like emergency. 10
(6) For the 2015-2017 biennium, schools determined to have a lack 11
of sufficient space to provide science classrooms or labs, to meet 12
the requirements of law, have a special housing burden condition 13
similar to those defined under subsection (5)(b) of this section, 14
creating a like emergency. For the 2015-2017 biennium, school 15
districts are entitled to additional percentage points for school 16
construction projects that have a special housing burden condition 17
only and have received private donations in the form of cash, in-18
kind, or equipment of more than one hundred thousand dollars. The 19
additional percentage points are determined by (a) school district 20
student enrollments in the free and reduced-price meals program, (b) 21
school district class as defined by RCW 28A.300.065, and (c) the 22
funding assistance percentage as calculated in subsection (2) of this 23
section. The additional percentage points under (a) of this 24
subsection are twenty percent of the percent of student enrollments 25
eligible and enrolled in the free and reduced-price meals program. 26
The additional percentage points under (b) of this subsection are ten 27
for second class school districts. The additional percentage points 28
under (c) of this subsection are ten for school districts with 29
funding assistance percentages of more than fifty percent.30
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