RCW ch. 28A.150 — Revised Code of Washington Chapter 28A.150 RCW — General Provisions

RCW 28A.150.010 Public schools. Public schools means the common schools as referred to in Article IX of the state Constitution, charter schools established under chapter 28A.710 RCW, and those schools and institutions of learning having a curriculum below the college or university level as now or may be established by law and maintained at public expense. [ 2016 c 241 s 131. Prior: 2013 c 2 s 301 (Initiative Measure No. 1240, approved November 6, 2012); 1969 ex.s. c 223 s 28A.01.055; (2004 c 22 s 24, Referendum Measure No. 55 failed to become law). Formerly RCW 28A.01.055.] NOTES: Effective date— RCW 28A.150.020 Common schools. "Common schools" means schools maintained at public expense in each school district and carrying on a program from kindergarten through the twelfth grade or any part thereof including vocational educational courses otherwise permitted by law. [ 1969 ex.s. c 223 s 28A.01.060. Prior: 1909 c 97 p 261 s 1, part; RRS s 4680, part; prior: 1897 c 118 s 64, part; 1890 p 371 s 44, part. Formerly RCW 28A.01.060, 28.58.190, part, 28.01.060.] RCW 28A.150.050 School holidays. (1) All of the state legal holidays set forth in RCW 1.16.050(1) are also school holidays and school may not be taught on these days. (2) No reduction from a teacher's time or salary may be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school is not taught. [ 2022 c 198 s 2; 2014 c 177 s 3; 1989 c 233 s 11; 1985 c 189 s 2; 1984 c 92 s 1; 1975-'76 2nd ex.s. c 24 s 2; 1973 c 32 s 1; 1969 ex.s. c 283 s 13. Prior: 1969 ex.s. c 223 s 28A.02.060; prior: 1955 c 20 s 2; 1909 c 97 p 308 s 6; RRS s 4853. Formerly RCW 28A.02.061, 28A.02.060, 28.02.060.] NOTES: Finding— RCW 28A.150.070 General public school system—Administration. The administration of the public school system shall be entrusted to such state and local officials, boards, and committees as the state Constitution and the laws of the state shall provide. [ 1969 ex.s. c 223 s 28A.02.020. Prior: 1909 c 97 p 230 s 2; RRS s 4519; prior: 1897 c 118 s 19; 1890 p 348 s 2; Code 1881 ss 3154, 3155; 1861 p 55 s 1. Formerly RCW 28A.02.020, 28.02.020.] RCW 28A.150.080 Superintendent of the school district. "Superintendent of the school district", if there be no such superintendent, shall mean such other administrative or certificated employee as the school district board of directors shall so designate. [ 1969 ex.s. c 223 s 28A.01.100. Formerly RCW 28A.01.100.] RCW 28A.150.100 Basic education certificated instructional staff—Definition—Ratio to students. (1) For the purposes of this section and RCW 28A.150.410 and 28A.400.200, "basic education certificated instructional staff" means all full-time equivalent classroom teachers, teacher-librarians, counselors, certificated student health services staff, and other certificated instructional staff in the following programs as defined for statewide school district accounting purposes: Basic education, secondary vocational education, general instructional support, and general supportive services. (2) Each school district shall maintain a ratio of at least 46 basic education certificated instructional staff to 1,000 annual average full-time equivalent students. This requirement does not apply to that portion of a district's annual average full-time equivalent enrollment that is enrolled in alternative learning experience courses as defined in RCW 28A.232.010. [ 2022 c 109 s 6; 2013 2nd sp.s. c 18 s 512; 2011 1st sp.s. c 34 s 10; 2010 c 236 s 13; 1990 c 33 s 103; 1987 1st ex.s. c 2 s 203. Formerly RCW 28A.41.110.] NOTES: Effective date— RCW 28A.150.198 Finding—Intent—2009 c 548. (1) Public education in Washington state has evolved since the enactment of the Washington basic education act of 1977. Decisions by the courts have played a part in this evolution, as have studies and research about education practices and education funding. The legislature finds ample evidence of a need for continuing to refine the program of basic education that is funded by the state and delivered by school districts. (2) The legislature reaffirms the work of Washington Learns and other educational task forces that have been convened over the past four years and their recommendations to make bold reforms to the entire educational system in order to educate all students to a higher level; to focus on the individualized instructional needs of students; to strive towards closing the achievement gap and reducing dropout rates; and to prepare students for a constantly evolving workforce and increasingly demanding global economy. In enacting this legislation [act], the legislature intends to continue to review, evaluate, and revise the definition and funding of basic education in order to continue to fulfill the state obligation under Article IX of the state Constitution. The legislature also intends to continue to strengthen and modify the structure of the entire K-12 educational system, including nonbasic education programmatic elements, in order to build the capacity to anticipate and support potential future enhancements to basic education as the educational needs of our citizens continue to evolve. (3) The legislature recognizes that the first step in revising the definition and funding of basic education is to create a transparent funding system for both allocations and expenditures so that not only policymakers and educators understand how the state supports basic education but also taxpayers. An adequate data system that enables the legislature to make rational, data-driven decisions on which educational programs impact student learning in order to more effectively and efficiently deliver the resources necessary to provide an ample program of basic education is also a necessity. A new prototypical funding system will allow the legislature to better understand how current resources are being used. A more complete and accurate educational data system will allow the legislature to understand whether current basic education programs are supporting student learning. Only with both of these systems in place can the legislature make informed decisions on how to best implement a dynamic and evolving system of basic education. (4) For practical and educational reasons, major changes of the program of basic education and the funding formulas to support it cannot occur instantaneously. The legislature intends to build upon the previous efforts of the legislature and the basic education task force in order to develop a realistic implementation strategy for a new instructional program after technical experts develop the details of the prototypical schools funding formulas and the data and reporting system that will support a new instructional program. The legislature also intends to establish a formal structure for monitoring the implementation by the legislature of an evolving program of basic education and the financing necessary to support such a program. The legislature intends that the redefined program of basic education and funding for the program be fully implemented by 2018. (5) It is the further intent of the legislature to also address additional issues that are of importance to the legislature but are not part of basic education. [ 2009 c 548 s 1.] NOTES: Finding— RCW 28A.150.1981 Intent—2009 c 548. It is the intent of the legislature that specified policies and allocation formulas adopted under this chapter will constitute the legislature's definition of basic education under Article IX of the state Constitution once fully implemented. The legislature intends, however, to continue to review and revise the formulas and schedules and may make additional revisions, including revisions for technical purposes and consistency in the event of mathematical or other technical errors. [ 2017 3rd sp.s. c 13 s 413; 2009 c 548 s 2.] NOTES: Effective date— RCW 28A.150.200 Program of basic education. (1) The program of basic education established under this chapter is deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution, which states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex," and is adopted pursuant to Article IX, section 2 of the state Constitution, which states that "The legislature shall provide for a general and uniform system of public schools." (2) The legislature defines the program of basic education under this chapter as that which is necessary to provide the opportunity to develop the knowledge and skills necessary to meet the state-established high school graduation requirements that are intended to allow students to have the opportunity to graduate with a meaningful diploma that prepares them for postsecondary education, gainful employment, and citizenship. Basic education by necessity is an evolving program of instruction intended to reflect the changing educational opportunities that are needed to equip students for their role as productive citizens and includes the following: (a) The instructional program of basic education the minimum components of which are described in RCW 28A.150.220; (b) The program of education provided by chapter 28A.190 RCW for students in residential schools as defined by RCW 28A.190.005 and for juveniles in detention facilities as identified by RCW 28A.190.010; (c) The program of education provided by chapter 28A.193 RCW for individuals under the age of eighteen who are incarcerated in adult correctional facilities; (d) Transportation and transportation services to and from school for eligible students as provided under RCW 28A.160.150 through 28A.160.180; and (e) Statewide salary allocations necessary to hire and retain qualified staff for the state's statutory program of basic education. [ 2021 c 164 s 2; 2017 3rd sp.s. c 13 s 401; 2009 c 548 s 101; 1990 c 33 s 104; 1977 ex.s. c 359 s 1. Formerly RCW 28A.58.750.] NOTES: Findings— RCW 28A.150.203 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Basic education goal" means the student learning goals and the student knowledge and skills described under RCW 28A.150.210. (2) "Certificated administrative staff" means all those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors, principals, or assistant principals within the meaning of RCW 41.59.020(4). (3) "Certificated employee" as used in this chapter and RCW 28A.195.010, 28A.405.100, 28A.405.210, 28A.405.240, 28A.405.250, 28A.405.300 through 28A.405.380, and chapter 41.59 RCW, means those persons who hold certificates as authorized by rule of the Washington professional educator standards board. (4) "Certificated instructional staff" means those persons employed by a school district who are nonsupervisory certificated employees within the meaning of RCW 41.59.020(8), except for paraeducators. (5) "Class size" means an instructional grouping of students where, on average, the ratio of students to teacher is the number specified. (6) "Classified employee" means a person who is employed as a paraeducator and a person who does not hold a professional education certificate or is employed in a position that does not require such a certificate. (7) "Classroom teacher" means a person who holds a professional education certificate and is employed in a position for which such certificate is required whose primary duty is the daily educational instruction of students. In exceptional cases, people of unusual competence but without certification may teach students so long as a certificated person exercises general supervision, but the hiring of such classified employees shall not occur during a labor dispute, and such classified employees shall not be hired to replace certificated employees during a labor dispute. (8) "Instructional program of basic education" means the minimum program required to be provided by school districts and includes instructional hour requirements and other components under RCW 28A.150.220. (9) "Program of basic education" means the overall program under RCW 28A.150.200 and deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution. (10) "School day" means each day of the school year on which pupils enrolled in the common schools of a school district are engaged in academic and career and technical instruction planned by and under the direction of the school. (11) "School year" includes the minimum number of school days required under RCW 28A.150.220 and begins on the first day of September and ends with the last day of August, except that any school district may elect to commence the annual school term in the month of August of any calendar year and in such case the operation of a school district for such period in August shall be credited by the superintendent of public instruction to the succeeding school year for the purpose of the allocation and distribution of state funds for the support of such school district. (12) "Teacher planning period" means a period of a school day as determined by the administration and board of directors of the district that may be used by teachers for instruction-related activities including but not limited to preparing instructional materials; reviewing student performance; recording student data; consulting with other teachers, instructional assistants, mentors, instructional coaches, administrators, and parents; or participating in professional development. [ 2017 c 237 s 15; 2009 c 548 s 102.] NOTES: Effective date— RCW 28A.150.205 Instructional hours. Unless the context clearly requires otherwise, the definition in this section applies throughout RCW 28A.150.200 through 28A.150.295. (1) "Instructional hours" means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess, and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals. (2)(a) If students are provided the opportunity to engage in educational activity that is part of the regular instructional program concurrently with the consumption of breakfast, the period of time designated for student participation in breakfast after the bell, as defined in RCW 28A.235.200, must be considered instructional hours. (b) Breakfast after the bell programs, as defined in RCW 28A.235.200, including the provision of breakfast, are not considered part of the definition or funding of the program of basic education under Article IX of the state Constitution. [ 2018 c 8 s 5; 1992 c 141 s 502.] NOTES: Findings— RCW 28A.150.210 Basic education—Goals of school districts. A basic education is an evolving program of instruction that is intended to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well-being and that of their families and communities, to explore and understand different perspectives, and to enjoy productive and satisfying lives. Additionally, the state of Washington intends to provide for a public school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all students, which includes high expectations for all students and gives all students the opportunity to achieve personal and academic success. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to: (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences; (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history, including different cultures and participation in representative government; geography; arts; and health and fitness; (3) Think analytically, logically, and creatively, and to integrate technology literacy and fluency as well as different experiences and knowledge to form reasoned judgments and solve problems; and (4) Understand the importance of work and finance and how performance, effort, and decisions directly affect future career and educational opportunities. [ 2011 c 280 s 2; 2009 c 548 s 103; 2007 c 400 s 1; 1993 c 336 s 101; (1992 c 141 s 501 repealed by 1993 c 336 s 1203); 1977 ex.s. c 359 s 2. Formerly RCW 28A.58.752.] NOTES: Finding— RCW 28A.150.211 Values and traits recognized. The legislature also recognizes that certain basic values and character traits are essential to individual liberty, fulfillment, and happiness. However, these values and traits are not intended to be assessed or be standards for graduation. The legislature intends that local communities have the responsibility for determining how these values and character traits are learned as determined by consensus at the local level. These values and traits include the importance of: (1) Honesty, integrity, and trust; (2) Respect for self and others; (3) Responsibility for personal actions and commitments; (4) Self-discipline and moderation; (5) Diligence and a positive work ethic; (6) Respect for law and authority; (7) Healthy and positive behavior; and (8) Family as the basis of society. [ 1994 c 245 s 10.] NOTES: Effective date— RCW 28A.150.220 Basic education—Minimum instructional requirements—Program accessibility—Rules. (1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts. (2) Each school district shall make available to students the following minimum instructional offering each school year: (a) For students enrolled in grades one through 12, at least a district-wide annual average of 1,000 hours, which shall be increased beginning in the 2015-16 school year to at least 1,080 instructional hours for students enrolled in grades nine through 12 and at least 1,000 instructional hours for students in grades one through eight, all of which may be calculated by a school district using a district-wide annual average of instructional hours over grades one through 12; and (b) For students enrolled in kindergarten, at least 450 instructional hours, which shall be increased to at least 1,000 instructional hours according to the implementation schedule under RCW 28A.150.315. (3) The instructional program of basic education provided by each school district shall include: (a) Instruction in the state learning standards under RCW 28A.655.070; (b) Instruction that provides students the opportunity to complete 24 credits for high school graduation. Course distribution requirements may be established by the state board of education under RCW 28A.230.090; (c) If the state learning standards include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages; (d) Supplemental instruction and services for students who are not meeting academic standards through the learning assistance program under RCW 28A.165.005 through 28A.165.065; (e) Supplemental instruction and services for eligible and enrolled students and exited students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080; (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030. (4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses. (5)(a) Each school district's kindergarten through 12th grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than 21 years of age, and shall remain accessible to students with disabilities as defined in RCW 28A.155.020 from age 21 until the end of the school year in which those students turn 22 years of age. The program of basic education shall consist of a minimum of 180 school days per school year in such grades as are conducted by a school district, and 180 half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of 180 school days per school year according to the implementation schedule under RCW 28A.150.315. (b) Schools administering the Washington kindergarten inventory of developing skills may use up to three school days at the beginning of the school year to meet with parents and families as required in the parent involvement component of the inventory. (c) In the case of students who are graduating from high school, a school district may schedule the last five school days of the 180-day school year for noninstructional purposes including, but not limited to, the observance of graduation and early release from school upon the request of a student. All such students may be claimed as a full-time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260. Any hours scheduled by a school district for noninstructional purposes during the last five school days for such students shall count toward the instructional hours requirement in subsection (2)(a) of this section. (6) Subject to RCW 28A.150.276, nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students. (7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish. [ 2025 c 256 s 4; 2024 c 66 s 10; 2017 3rd sp.s. c 13 s 506; 2014 c 217 s 201; 2013 2nd sp.s. c 9 s 2; 2013 c 323 s 2; 2011 1st sp.s. c 27 s 1; 2009 c 548 s 104; 1993 c 371 s 2; (1995 c 77 s 1 and 1993 c 371 s 1 expired September 1, 2000); 1992 c 141 s 503; 1990 c 33 s 105; 1982 c 158 s 1; 1979 ex.s. c 250 s 1; 1977 ex.s. c 359 s 3. Formerly RCW 28A.58.754.] NOTES: Findings— RCW 28A.150.222 School days per year waiver. (1) In addition to waivers authorized under RCW 28A.300.750, the superintendent of public instruction, in accordance with the criteria in subsection (2) of this section and criteria adopted by the state board of education under subsection (3) of this section, may grant waivers of the requirement for a 180-day school year under RCW 28A.150.220 to school districts that propose to operate one or more schools on a flexible calendar for purposes of economy and efficiency as provided in this section. The requirement under RCW 28A.150.220 that school districts offer minimum instructional hours may not be waived. (2) A school district seeking a waiver under this section must submit an application to the superintendent of public instruction that includes: (a) A proposed calendar for the school day and school year that demonstrates how the instructional hour requirement will be maintained; (b) An explanation and estimate of the economies and efficiencies to be gained from compressing the instructional hours into fewer than 180 days; (c) An explanation of how monetary savings from the proposal will be redirected to support student learning; (d) A summary of comments received at one or more public hearings on the proposal and how concerns will be addressed; (e) An explanation of the impact on students who rely upon free and reduced-price school child nutrition services and the impact on the ability of the child nutrition program to operate an economically independent program; (f) An explanation of the impact on employees in education support positions, including expected position and work hour reductions, reductions in force, and the loss of work benefits or eligibility for work benefits, and the ability to recruit and retain employees in education support positions; (g) An explanation of the impact on students whose parents work during the missed school day; and (h) Other information that the superintendent of public instruction may request to assure that the proposed flexible calendar will not adversely affect student learning. (3) The state board of education shall adopt rules establishing the criteria to evaluate waiver requests under this section. A waiver may be effective for up to three years and may be renewed for subsequent periods of three or fewer years. After each school year in which a waiver has been granted under this section, the superintendent of public instruction must analyze empirical evidence to determine whether the reduction is affecting student learning. If the superintendent of public instruction determines that student learning is adversely affected, the school district must discontinue the flexible calendar as soon as possible but not later than the beginning of the next school year after the superintendent of public instruction's determination. (4) The superintendent of public instruction may grant waivers authorized under this section to 30 or fewer school districts with student populations of less than 1,000 students. [ 2024 c 238 s 1; 2019 c 274 s 1; 2018 c 177 s 503.] NOTES: Effective date— RCW 28A.150.230 District school directors' responsibilities. (1) It is the intent and purpose of this section to guarantee that each common school district board of directors, whether or not acting through its respective administrative staff, be held accountable for the proper operation of their district to the local community and its electorate. In accordance with the provisions of this title, as now or hereafter amended, each common school district board of directors shall be vested with the final responsibility for the setting of policies ensuring quality in the content and extent of its educational program and that such program provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning. (2) In conformance with the provisions of this title, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to adopt policies to: (a) Establish performance criteria and an evaluation process for its superintendent, classified staff, certificated personnel, including administrative staff, and for all programs constituting a part of such district's curriculum. Each district shall report annually to the superintendent of public instruction the following for each employee group listed in this subsection (2)(a): (i) Evaluation criteria and rubrics; (ii) a description of each rating; and (iii) the number of staff in each rating; (b) Determine the final assignment of staff, certificated or classified, according to board enumerated classroom and program needs and data, based upon a plan to ensure that the assignment policy: (i) Supports the learning needs of all the students in the district; and (ii) gives specific attention to high-need schools and classrooms; (c) Provide information to the local community and its electorate describing the school district's policies concerning hiring, assigning, terminating, and evaluating staff, including the criteria for evaluating teachers and principals; (d) Determine the amount of instructional hours necessary for any student to acquire a quality education in such district, in not less than an amount otherwise required in RCW 28A.150.220, or rules of the state board of education; (e) Determine the allocation of staff time, whether certificated or classified; (f) Establish final curriculum standards consistent with law and rules of the superintendent of public instruction, relevant to the particular needs of district students or the unusual characteristics of the district, and ensuring a quality education for each student in the district; and (g) Evaluate teaching materials, including text books, teaching aids, handouts, or other printed material, upon complaint by parents, guardians[,] or custodians of students who consider dissemination of such material to students objectionable in accordance with RCW 28A.320.235 and 28A.320.230. [ 2024 c 316 s 4; 2010 c 235 s 201; 2006 c 263 s 201; 1994 c 245 s 9; 1991 c 61 s 1; 1990 c 33 s 106; 1979 ex.s. c 250 s 7; 1977 ex.s. c 359 s 18. Formerly RCW 28A.58.758.] NOTES: Finding— RCW 28A.150.240 Certificated teaching and administrative staff as accountable for classroom teaching—Scope—Responsibilities—Penalty. (1) It is the intended purpose of this section to guarantee that the certificated teaching and administrative staff in each common school district be held accountable for the proper and efficient conduct of classroom teaching in their school which will provide students with the opportunity to achieve those skills which are generally recognized as requisite to learning. (2) In conformance with the other provisions of Title 28A RCW, it shall be the responsibility of the certificated teaching and administrative staff in each common school to: (a) Implement the district's prescribed curriculum and enforce, within their area of responsibility, the rules and regulations of the school district, the state superintendent of public instruction, and the state board of education, taking into due consideration individual differences among students, and maintain and render appropriate records and reports pertaining thereto. (b) Maintain good order and discipline in their classrooms at all times. (c) Hold students to a strict accountability while in school for any disorderly conduct while under their supervision. (d) Require excuses from the parents, guardians, or custodians of minor students in all cases of absence, late arrival to school, or early dismissal. (e) Give careful attention to the maintenance of a healthful atmosphere in the classroom. (f) Give careful attention to the safety of the student in the classroom and report any doubtful or unsafe conditions to the building administrator. (g) Evaluate each student's educational growth and development and make periodic reports thereon to parents, guardians, or custodians and to school administrators. Failure to carry out such requirements as set forth in subsection (2)(a) through (g) above shall constitute sufficient cause for discharge of any member of such teaching or administrative staff. [ 1979 ex.s. c 250 s 5; 1977 ex.s. c 359 s 19. Formerly RCW 28A.58.760.] NOTES: Effective date— RCW 28A.150.250 Annual basic education allocation—Full funding—Withholding of funds for noncompliance. (1) From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.510.250 to each school district of the state operating a basic education instructional program approved by the state board of education an amount based on the formulas provided in RCW 28A.150.260, 28A.150.390, and 28A.150.392 which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.520.010 and 28A.520.020, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full-time equivalent student enrolled. (2) The instructional program of basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.150.260, 28A.150.390, and 28A.150.392 to fund those program requirements identified in RCW 28A.150.220 in accordance with the formula provided in RCW 28A.150.260 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW 28A.150.410. (3)(a) If a school district's basic education program fails to meet the basic education requirements enumerated in RCW 28A.150.260 and 28A.150.220, the state board of education may recommend to the superintendent of public instruction that the superintendent withhold state funds in whole or in part for the basic education allocation until program compliance is assured. However, the state board of education may waive this requirement in the event of substantial lack of classroom space. (b) If the state board of education recommends the withholding of a school district's basic education allocation under this subsection, the superintendent of public instruction may withhold the allocation of state funds in whole or in part for support of the school district. Written notice of the intent to withhold state funds, with reasons stated for this action, shall be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld. [ 2018 c 177 s 601; 2009 c 548 s 105; 1990 c 33 s 107; 1987 1st ex.s. c 2 s 201; 1986 c 144 s 1; 1983 c 3 s 30; 1982 c 158 s 3; 1982 c 158 s 2; 1980 c 154 s 12; 1979 ex.s. c 250 s 2; 1977 ex.s. c 359 s 4; 1975 1st ex.s. c 211 s 1; 1973 2nd ex.s. c 4 s 1; 1973 1st ex.s. c 195 s 9; 1973 c 46 s 2. See also 1973 1st ex.s. c 195 ss 136, 137, 138 and 139. Prior: 1972 ex.s. c 124 s 1; 1972 ex.s. c 105 s 2; 1971 ex.s. c 294 s 19; 1969 c 138 s 2; 1969 ex.s. c 223 s 28A.41.130; prior: 1967 ex.s. c 140 s 3; 1965 ex.s. c 171 s 1; 1965 ex.s. c 154 s 2; prior: (i) 1949 c 212 s 1, part; 1945 c 141 s 4, part; 1923 c 96 s 1, part; 1911 c 118 s 1, part; 1909 c 97 p 312 ss 7-10, part; Rem. Supp. 1949 s 4940-4, part. (ii) 1949 c 212 s 2, part; 1945 c 141 s 5, part; 1909 c 97 p 312 ss 7-10, part; Rem. Supp. 1949 s 4940-5, part. Formerly RCW 28A.41.130, 28.41.130.] NOTES: Finding— RCW 28A.150.260 Allocation of state funding to support instructional program of basic education—Distribution formula—Per-pupil allocations reporting by the superintendent of public instruction and in legislative budget documents—Prototypical schools—Enhancements and adjustments—Review and approval—Enrollment calculation. The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows: (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district. (2)(a) The distribution formula under this section shall be for allocation purposes only. Except as may be required under subsections (4)(b) and (c), (5)(b) and (c), (8), and (9) of this section, chapter 28A.155, 28A.165, 28A.180, or 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period. (b) To promote transparency in state funding allocations, the superintendent of public instruction must report state per-pupil allocations for each school district for the general apportionment, special education, learning assistance, transitional bilingual, highly capable, and career and technical education programs. The superintendent must report this information in a user-friendly format on the main page of the office's website. School districts must include a link to the superintendent's per-pupil allocations report on the main page of the school district's website. In addition, the budget documents published by the legislature for the enacted omnibus operating appropriations act must report statewide average per-pupil allocations for general apportionment and the categorical programs listed in this subsection. (3)(a) To the extent the technical details of the formula have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act. (b) For the purposes of this section, prototypical schools are defined as follows: (i) A prototypical high school has 600 average annual full-time equivalent students in grades nine through 12; (ii) A prototypical middle school has 432 average annual full-time equivalent students in grades seven and eight; and (iii) A prototypical elementary school has 400 average annual full-time equivalent students in grades kindergarten through six. (4)(a)(i) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on the following general education average class size of full-time equivalent students per teacher: General education average class size Grades K-3. . . . 17.00 Grade 4. . . .27.00 Grades 5-6. . . .27.00 Grades 7-8. . . .28.53 Grades 9-12. . . .28.74 (ii) The minimum class size allocation for each prototypical high school shall also provide for enhanced funding for class size reduction for two laboratory science classes within grades nine through 12 per full-time equivalent high school student multiplied by a laboratory science course factor of 0.0833, based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours in RCW 28A.150.220, and providing at least one teacher planning period per school day: Laboratory science average class size Grades 9-12. . . .19.98 (b)(i) Beginning September 1, 2019, funding for average K-3 class sizes in this subsection (4) may be provided only to the extent of, and proportionate to, the school district's demonstrated actual class size in grades K-3, up to the funded class sizes. (ii) The office of the superintendent of public instruction shall develop rules to implement this subsection (4)(b). (c)(i) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education: Career and technical education average class size Approved career and technical education offered at the middle school and high school level. . . . 23.00 Skill center programs meeting the standards established by the office of the superintendent of public instruction. . . . 19.00 (ii) Funding allocated under this subsection (4)(c) is subject to RCW 28A.150.265. (d) In addition, the omnibus appropriations act shall at a minimum specify: (i) A high-poverty average class size in schools where more than 50 percent of the students are eligible for free and reduced-price meals; and (ii) A specialty average class size for advanced placement and international baccalaureate courses. (5)(a) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers: Elementary School Middle School High School Principals, assistant principals, and other certificated building-level administrators. . . . 1.253 1.353 1.880 Teacher-librarians, a function that includes information literacy, technology, and media to support school library media programs. . . . 0.663 0.519 0.523 Paraeducators, including any aspect of educational instructional services provided by classified employees. . . . 1.012 0.776 0.728 Office support and other noninstructional aides. . . . 2.088 2.401 3.345 Custodians. . . . 1.657 1.942 2.965 Nurses. . . . 0.585 0.888 0.824 Social workers. . . . 0.311 0.088 0.127 Psychologists. . . . 0.104 0.024 0.049 Counselors. . . . 0.993 1.716 3.039 Classified staff providing student and staff safety. . . . 0.079 0.092 0.141 Parent involvement coordinators. . . . 0.0825 0.00 0.00 (b)(i) The superintendent may only allocate funding, up to the combined minimum allocations, for nurses, social workers, psychologists, counselors, classified staff providing student and staff safety, and parent involvement coordinators under (a) of this subsection to the extent of and proportionate to a school district's demonstrated actual ratios of: Full-time equivalent physical, social, and emotional support staff to full-time equivalent students. (ii) The superintendent must adopt rules to implement this subsection (5)(b) and the rules must require school districts to prioritize funding allocated as required by (b)(i) of this subsection for physical, social, and emotional support staff who hold a valid educational staff associate certificate appropriate for the staff's role. (iii) For the purposes of this subsection (5)(b), "physical, social, and emotional support staff" include nurses, social workers, psychologists, counselors, classified staff providing student and staff safety, parent involvement coordinators, and other school district employees and contractors who provide physical, social, and emotional support to students as defined by the superintendent. (c) The superintendent shall develop rules that require school districts to use the additional funding provided under (a) of this subsection to support increased staffing, prevent layoffs, or increase salaries for the following staff types in the 2024-25 school year: Paraeducators, office support, and noninstructional aides. The superintendent shall collect data from school districts on how the increased allocations are used. (6)(a) The minimum staffing allocation for each school district to provide district-wide support services shall be allocated per one thousand annual average full-time equivalent students in grades K-12 as follows: Staff per 1,000 K-12 students Technology. . . .0.628 Facilities, maintenance, and grounds. . . .1.813 Warehouse, laborers, and mechanics. . . .0.332 (b) The minimum allocation of staff units for each school district to support certificated and classified staffing of central administration shall be 5.30 percent of the staff units generated under subsections (4)(a) and (5) of this section and (a) of this subsection. (7) The distribution formula shall include staffing allocations to school districts for career and technical education and skill center administrative and other school-level certificated staff, as specified in the omnibus appropriations act. (8)(a) Except as provided in (b) of this subsection, the minimum allocation for each school district shall be $1,614.28 per full-time equivalent student for materials, supplies, and operating costs to be adjusted annually for inflation beginning in the 2026-27 school year. For purposes of this subsection, "inflation" means 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. (b) In addition to the amount provided in (a) of this subsection, each school district shall receive a minimum allocation of $214.84 for each full-time equivalent student in grades nine through 12 for materials, supplies, and operating costs, to be adjusted annually for inflation beginning in the 2026-27 school year. For purposes of this subsection, "inflation" means 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. (c) The increased allocation amounts of $35.27 per full-time equivalent student provided under (a) of this subsection and $4.69 per full-time equivalent student in grades nine through 12 provided under (b) of this subsection are intended to address growing materials, supplies, and operating costs and may not be expended for any other purpose. (d)(i) Beginning in the 2026-27 school year, each school district shall annually report all expenditures for materials, supplies, and operating costs including, but not limited to, expenditures in the following disaggregated categories, to the office of the superintendent of public instruction: (A) Technology, including further disaggregation within this category for technology devices, technology support staff, software licensing, and technology or software maintenance and repair; (B) Election fees associated with school district board of directors elections; (C) Utilities; (D) Insurance; (E) Curriculum and textbooks not included under the technology category; (F) Library materials not included under the technology category; (G) Other supplies not included under other categories; (H) Nontechnology-related contracted instructional professional development for certificated and classified staff; (I) Facilities maintenance materials, supplies, and operating costs not funded by transfers from other funds; (J) Security and central office administration; (K) Dues and fees; and (L) Property and equipment not funded by transfers from other funds. (ii) The office of the superintendent of public instruction shall report additional categories as determined necessary to meet other state and federal reporting requirements. (9) In addition to the amounts provided in subsection (8) of this section and subject to RCW 28A.150.265, the omnibus appropriations act shall provide an amount based on full-time equivalent student enrollment in each of the following: (a) Exploratory career and technical education courses for students in grades seven through 12; (b) Preparatory career and technical education courses for students in grades nine through 12 offered in a high school; and (c) Preparatory career and technical education courses for students in grades 11 and 12 offered through a skill center. (10) In addition to the allocations otherwise provided under this section, amounts shall be provided to support the following programs and services: (a)(i) To provide supplemental instruction and services for students who are not meeting academic standards through the learning assistance program under RCW 28A.165.005 through 28A.165.065, allocations shall be based on the greater of either: The district percentage of students in kindergarten through grade 12 who were eligible for free or reduced-price meals for the school year immediately preceding the district's participation, in whole or part, in the United States department of agriculture's community eligibility provision, or the district percentage of students in grades K-12 who were eligible for free or reduced-price meals in the prior school year. The minimum allocation for the program shall, except as provided in (a)(iii) of this subsection, provide for each level of prototypical school resources to provide, on a statewide average, 2.3975 hours per week in extra instruction with a class size of 15 learning assistance program students per teacher. (ii) In addition to funding allocated under (a)(i) of this subsection, to provide supplemental instruction and services for students who are not meeting academic standards in qualifying schools. A qualifying school, except as provided in (a)(iv) of this subsection, means a school in which the three-year rolling average of the prior year total annual average enrollment that qualifies for free or reduced-price meals equals or exceeds 50 percent or more of its total annual average enrollment. A school continues to meet the definition of a qualifying school if the school: Participates in the United States department of agriculture's community eligibility provision; and met the definition of a qualifying school in the year immediately preceding their participation. The minimum allocation for this additional high poverty-based allocation must provide for each level of prototypical school resources to provide, on a statewide average, 1.1 hours per week in extra instruction with a class size of 15 learning assistance program students per teacher, under RCW 28A.165.055, school districts must distribute the high poverty-based allocation to the schools that generated the funding allocation. (iii) For the 2024-25 and 2025-26 school years, allocations under (a)(i) of this subsection for school districts providing meals at no charge to students under RCW 28A.235.135 that are not participating, in whole or in part, in the United States department of agriculture's community eligibility provision shall be based on the school district percentage of students in grades K-12 who were eligible for free or reduced-price meals in school years 2019-20 through 2022-23 or the prior school year, whichever is greatest. (iv) For the 2024-25 and 2025-26 school years, a school providing meals at no charge to students under RCW 28A.235.135 that is not participating in the department of agriculture's community eligibility provision continues to meet the definition of a qualifying school under (a)(ii) of this subsection if the school met the definition during one year of the 2019-20 through 2022-23 school years, or in the prior school year. (b)(i) To provide supplemental instruction and services for students whose primary language is other than English, allocations shall be based on the head count number of students in each school who are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080. The minimum allocation for each level of prototypical school shall provide resources to provide, on a statewide average, 4.7780 hours per week in extra instruction for students in grades kindergarten through six and 6.7780 hours per week in extra instruction for students in grades seven through 12, with 15 transitional bilingual instruction program students per teacher. Notwithstanding other provisions of this subsection (10), the actual per-student allocation may be scaled to provide a larger allocation for students needing more intensive intervention and a commensurate reduced allocation for students needing less intensive intervention, as detailed in the omnibus appropriations act. (ii) To provide supplemental instruction and services for students who have exited the transitional bilingual program, allocations shall be based on the head count number of students in each school who have exited the transitional bilingual program within the previous two years based on their performance on the English proficiency assessment and are eligible for and enrolled in the transitional bilingual instruction program under RCW 28A.180.040(1)(g). The minimum allocation for each prototypical school shall provide resources to provide, on a statewide average, 3.0 hours per week in extra instruction with 15 exited students per teacher. (c) To provide additional allocations to support programs for highly capable students under RCW 28A.185.010 through 28A.185.030, allocations shall be based on 5.0 percent of each school district's full-time equivalent basic education enrollment. The minimum allocation for the programs shall provide resources to provide, on a statewide average, 2.1590 hours per week in extra instruction with fifteen highly capable program students per teacher. (11) The allocations under subsections (4)(a), (5), (6), and (8) of this section shall be enhanced as provided under RCW 28A.150.390 on an excess cost basis to provide supplemental instructional resources for students with disabilities. (12)(a) For the purposes of allocations for prototypical high schools and middle schools under subsections (4) and (10) of this section that are based on the percent of students in the school who are eligible for free and reduced-price meals, the actual percent of such students in a school shall be adjusted by a factor identified in the omnibus appropriations act to reflect underreporting of free and reduced-price meal eligibility among middle and high school students. (b) Allocations or enhancements provided under subsections (4), (7), and (9) of this section for exploratory and preparatory career and technical education courses shall be provided only for courses approved by the office of the superintendent of public instruction under chapter 28A.700 RCW. (13)(a) This formula for distribution of basic education funds shall be reviewed biennially by the superintendent and governor. The recommended formula shall be subject to approval, amendment or rejection by the legislature. (b) In the event the legislature rejects the distribution formula recommended by the governor, without adopting a new distribution formula, the distribution formula for the previous school year shall remain in effect. (c) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the first school day of each month, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. The definition of full-time equivalent student shall be determined by rules of the superintendent of public instruction and shall be included as part of the superintendent's biennial budget request. The definition shall be based on the minimum instructional hour offerings required under RCW 28A.150.220. Any revision of the present definition shall not take effect until approved by the house ways and means committee and the senate ways and means committee. (d) The office of financial management shall make a monthly review of the superintendent's reported full-time equivalent students in the common schools in conjunction with RCW 43.62.050. [ 2025 c 334 s 1. Prior: 2024 c 262 s 2; 2024 c 191 s 2; 2023 c 379 s 6; (2023 c 379 s 5 expired September 1, 2024); 2022 c 109 s 4; (2022 c 109 s 3 expired September 1, 2024); prior: 2020 c 288 s 4; 2020 c 61 s 4; 2018 c 266 s 101; 2017 3rd sp.s. c 13 s 402; (2015 c 2 s 2 repealed by 2017 3rd sp.s. c 13 s 906); 2014 c 217 s 206; (2011 1st sp.s. c 34 s 9 expired July 1, 2013); 2011 1st sp.s. c 27 s 2; 2010 c 236 s 2; 2009 c 548 s 106; 2006 c 263 s 322; 1997 c 13 s 2; (1997 c 13 s 1 and 1995 c 77 s 2 expired September 1, 2000); 1995 c 77 s 3; 1992 c 141 s 507; 1992 c 141 s 303; 1991 c 116 s 10; 1990 c 33 s 108; 1987 1st ex.s. c 2 s 202; 1985 c 349 s 5; 1983 c 229 s 1; 1979 ex.s. c 250 s 3; 1979 c 151 s 12; 1977 ex.s. c 359 s 5; 1969 ex.s. c 244 s 14; prior: 1969 ex.s. c 223 s 28A.41.140; 1969 ex.s. c 217 s 3; 1969 c 130 s 7; prior: 1965 ex.s. c 154 s 3. Formerly RCW 28A.41.140, 28.41.140.] NOTES: Effective date— RCW 28A.150.265 Career and technical education funding allocations. (1) To the extent that career and technical education funding allocations under RCW 28A.150.260 (4)(c) and (9) exceed general education funding allocations under RCW 28A.150.260, school districts may use the difference only for the career and technical education purposes, defined as follows: (a) Staff salaries and benefits for career and technical education program delivery; (b) Materials, supplies, and operating costs; (c) Smaller class sizes; (d) Work-based learning programs such as internships and preapprenticeship programs, including coordination tied to career and technical education coursework; (e) New high quality career and technical education and expanded learning program development in high-demand fields; (f) Certificated work-based learning coordinators and career guidance advisors; (g) School expenses associated with career and technical education community partnerships with a career discovery focus including research or evidence-based mentoring programs and expanded learning opportunities in school, before or after school, and during the summer, and career-focused education programs with private and public K-12 schools and colleges, community-based organizations and nonprofit organizations, industry partners, tribal governments, and workforce development entities; (h) Student fees for national and state industry-recognized certifications; and (i) Course equivalency development to integrate core learning standards into career and technical education courses. (2) A school district's maximum allowable indirect cost charges for approved career and technical education programs funded by the state may not exceed the lower of five percent or the cap established in federal law for federal career and technical education funding provided to school districts, as the federal law existed on September 1, 2017. (3) The middle school and high school career and technical education programs funded through RCW 28A.150.260(4)(c) must be treated as a single program when accounting for and calculating minimum expenditures, carryover amounts, and recovery amounts. This treatment is exclusively for accounting purposes and must not result in disparate program quality across grade levels. [ 2025 c 134 s 2; 2017 3rd sp.s. c 13 s 409.] NOTES: Effective date— RCW 28A.150.270 Annual basic education allocation of funds according to average FTE student enrollment—Procedure for crediting portion for school building purposes. The board of directors of a school district may, by properly executed