students authorized by subsection (2), and shall include said costs in funding the activities of said school districts. (5) The superintendent of public instruction is authorized to adopt rules and regulations to carry out the purposes of RCW 28A.41.140 and 28A.41.145. [Amended by Laws 1st Ex. Sess. 1972 ch. 14 sec. 1.] SEC. 28A.41.150. Adjustments to meet emergencies.—In the event of an unforeseen emergency, in the nature of either an unavoidable cost to a district or unexpected variation in anticipated revenues to a district, the state superintendent is authorized, for not to exceed two years, to make such an adjustment in the allocation of funds as is consistent with the intent of this chapter in providing an equal educational opportunity for the children of such district or districts. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.41.150 p. 1743, effective July 1, 1970.] Special Education Special Education Division for Handicapped Children (ch. 28A.13). SEC. 28A.13.005. Purpose (effective July 1, 1973).—It is the purpose of this chapter, RCW 28A.24.100 and 28A.41.053 to ensure that all handicapped children as defined in RCW 28A.13.010 shall have the opportunity for an appropriate education at public expense as guaranteed to them by the Constitution of this state. [Enacted Laws 1st Ex. Sess. 1971 ch. 66 sec. 1.] SEC. 28A.13.010. Division for handicapped children created; handicapped children defined; approval when child under jurisdiction of juvenile court (Effective July 1, 1973).-There is established in the office of the superintendent of public instruction a division of special education for handicapped children, to be known as the division for handicapped children. Handicapped children are those children in school or out of school who are temporarily or permanently retarded in normal educational processes by reason of physical or mental handicap, or by reason of emotional maladjustment, or by reason of other handicap, and those children who have specific learning and language disabilities resulting from perceptual-motor handicaps, including problems in visual and auditory perception and integration. The superintendent of public instruction shall require each school district in the state to insure an appropriate educational opportunity for all handicapped children of common school age. The superintendent of public instruction, by rule and regulation, shall establish for the purpose of excess cost funding, as provided in this chapter RCW 28A.24.100 and 28A.41.053, functional definitions of the various types of handicapping conditions and eligibility criteria for handicapped programs. For the purposes of this chapter, an appropriate education is defined as an education directed to the unique needs, abilities, and limitations of the handicapped children. This section shall not be construed as in any way limiting the powers of local school districts set forth in RCW 28A.13.050. No child shall be removed from the jurisdiction of juvenile court for training or education under this chapter without the approval of the superior court of the county. [Amended by Laws 1st Ex. Sess. 1971 ch. 66 sec. 2, effective July 1, 1973.] SEC. 28A.13.045. District authority to contract with approved agencies; approval standards (Effective July 1, 1973).-For the purpose of carrying out the provisions of sections 2 through 5 of this 1971 amendatory act, the board of directors of every school district shall be authorized to contract with agencies approved by the state board of education for operating handicapped programs. Approval standards for such agencies shall conform substantially with those promulgated for approval of special education aid programs in the common schools. [Added by Laws 1st Ex. Sess. 1971 ch. 66 sec. 6, effective July 1, 1973.] Special Education Division of Recreation (ch. 28A.14). SEC. 28A.14.010. Division of recreation; established.-There is hereby established in the office of the superintendent of public instruction a division of special educational service to be known as the division of recreation. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.14.010 p. 1693, effective July 1, 1970.] SEC. 28A.14.030. Recreation program; cooperation of, authority of, school districts.-School district officials and teachers shall cooperate with the superintendent of public instruction and with the administrative officer, and school districts may give such recreation services as their facilities will permit. School districts may purchase and own recreation equipment and facilities, with the approval of the administrative officer, and may pay for the same out of their general fund budgets. They may employ special recreation instructors, with the approval of the administrative officer, and may pay their salaries and compensation out of their general fund budgets. Such expenditures may be partially or wholly reimbursed from funds appropriated, if any, under federal or state law, or from funds available from other public or private agencies, under rules and regulations established by the superintendent of public instruction. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.14.030 p. 1693, effective July 1, 1970.] Special Education— Division for Superior Students (ch. 28A.16). SEC. 28A.16.010. Division created; superior students defined.-There is established in the office of the state superintendent of public instruction a division of special education for students of superior capacity. Such students are those who consistently show remarkable performance in academic pursuits or demonstrate exceptional ability. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.16.010 p. 1695, effective July 1, 1970.] SEC. 28A.16.020. Program; scope; costs.-The state superintendent of public instruction, within the scope of policies and regulations adopted by the state board of education, shall administer a program to improve the education of students of superior capacity; such program shall include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, and allocating supplementary funds for excess costs when appropriated for this purpose by the legislature. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.16.020 p. 1695, effective July 1, 1970.] Curriculum General Provisions (ch. 28A.02). SEC. 28A.02.080. Study of Constitutions compulsory; regulations to implement.-The study of the Constitution of the United States and the Constitution of the state of Washington shall be a condition prerequisite to graduation from the public high schools of this state and from all private or parochial high schools whose work is accepted in lieu of work otherwise performed in the public high schools. The state board of education acting upon the advice of the superintendent of public instruction shall provide by rule or regulation for the implementation of this section. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.02.080 p. 1672, effective July 1, 1970.] Compulsory Courses (ch. 28A.05). SEC. 28A.05.040. Physical education in high schools. - All high schools of the state shall emphasize the work of physical education, and carry into effect all such courses as required by rule or regulation of the state board of education, which shall provide for a minimum of ninety minutes in each school week: Provided, That individual students may be excused on account of physical disability, employment or religious belief, or because of participation in directed athletics or military science and tactics: Provided further, That individual high school students shall be excused therefrom upon the written request of parents or guardians. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.05.040 p. 1684, effective July 1, 1970.] SEC. 28A.05.050. History and government in high schools.-To promote good citizenship and a greater interest in and better understanding of our national and state institutions and system of government, the state board of education shall prescribe a one-year course of study in the history and government of the United States, and the equivalent of a one-semester course of study in the state of Washington's history and government. No person shall be graduated from high school without completing such courses of study: Provided, That students in the twelfth grade who have not completed such a course of study in Washington's history and state government because of previous residence outside the state may have the foregoing requirement waived by their principal. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28 A.05.050 p. 1684, effective July 1, 1970.] Compiler's Note: See also APPROVAL/SUPERVISION/SUPPORT, Ch. 28A.02, sec. 28A.02.200 (6). Textbooks See APPROVAL/SUPERVISION/SUPPORT, Ch. 28 A.02, sec. 28A.02. 200(8). Records and Reports Apportionment to District District Accounting (ch. 28A.48). SEC. 28A.48.055. Private schools must report attendance. It shall be the duty of the administrative or executive authority of every private school in this state to report to the intermediate school district superintendent on or before the thirtieth day of June in each year, on a form to be furnished, such information as may be required by the superintendent of public instruction, to make complete the records of education work pertaining to all children residing within the state. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28 A.48.055 p. 1807, effective July 1, 1970.] Compiler's Note: See also APPROVAL/SUPERVISION/SUPPORT, Ch. 28A.02, sec. 28A.02.200, paragraph (2) and (3)(b) and (4). Teacher Certification Definitions (ch. 28A.01). SEC. 28A.01.025. For certification or qualification purposes.-The school year for all matters pertaining to teacher certification or for computing experience in teaching shall consist of not fewer than one hundred eighty school days. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.01.025 p. 1670, effective July 1, 1970.] Teachers-General Provisions (ch. 28A.67). SEC. 28A.67.010. Qualifications; certificate or permit required.-No person shall be accounted as a qualified teacher within the meaning of the school law who is not the holder of a valid teacher's certificate or permit issued by lawful authority of this state. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28 A.67.010 p. 1903, effective July 1, 1970.] SEC. 28A.67.020. Qualifications; citizenship requirement; permits to aliens; oath required.-No person, who is not a citizen of the United States of America, shall be permitted to teach in the common schools in this state: Provided, That the superintendent of public instruction may grant to an alien a permit to teach in the common schools of this state if such teacher has all the other qualifications required by law, has declared his intention of becoming a citizen of the United States of America and five years and six months have not expired since such declaration was made: Provided further, That the superintendent of public instruction may grant to an alien whose qualifications have been approved by the state board of education a temporary permit to teach as an exchange teacher in the common schools of this state, irrespective of requirements respecting citizenship and oath of allegiance. Before such alien shall be granted a temporary permit he shall be required to subscribe to an oath or affirmation in writing that he is not a member of or affiliated with a communist or communist-sponsored organization or a fascist or fascistsponsored organization. The form of such oath or affirmation shall be prepared by the superintendent of public instruction. All oaths or affirmations subscribed as herein provided shall be filed in the office of the superintendent of public instruction and shall be there retained for a period of five years. Such permits shall at all times be subject to revocation by the superintendent of public instruction. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.67.020 p. 1903, effective July 1, 1970.] SEC. 28A.67.035. Noncompliance with RCW 28A.67.020 and 28A.67. 030; penalties.—Any person teaching in any school in violation of RCW 28 A. 67.020 or 28A.67.030, and any school director knowingly permitting any person to teach in any school in violation of RCW 28A.67.020 or 28 A.67.030, shall be guilty of a misdemeanor. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28 A.67.035 p. 1904, effective July 1, 1970.] Teachers' Certification (ch. 28A.70). SEC. 28A.70.005. Teachers' certification; state board duty; rules and regu lations; superintendent of public instruction as administrator.- The state board of education shall establish, publish and enforce rules and regulations determining eligibility for and certification of teachers in the common schools of this state, including certification for emergency or temporary, substitute or provisional duty and under such certificates or permits as the board shall deem proper or as otherwise prescribed by law. The superintendent of public instruction shall act as the administrator of any such rules and regulations and have the power to issue any certificates or permits and revoke the same in accordance with board rules and regulations. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28 A.70.005 p. 1907, effective July 1, 1970.] SEC. 28A.70.110. Fee for certification; disposition.-The fee for any teaching certificate, or any renewal thereof, issued by the authority of the state of Washington, and authorizing the holder to teach in the public schools of the state shall be not less than one dollar or such reasonable fee therefor as the state board of education by rule or regulation shall deem necessary therefor. The fee must accompany the application and cannot be refunded unless the application is withdrawn before it is finally considered. The intermediate school district superintendent, or other official authorized to receive such fee, shall within thirty days transmit the same to the treasurer of the county in which the office of the intermediate school district superintendent is located, to be by him placed to the credit of the institute fund of said school district or intermediate school district institute fund which shall be created by the intermediate school district board: Provided, That if any school district collecting fees for the certification of teachers does not hold an institute separate from the intermediate school district then all such moneys shall be placed to the credit of the intermediate school district institute fund. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.70.110 p. 1908, effective July 1, 1970.] SEC. 28A.70.130. Registration of certificates.- All certificates issued by the superintendent of public instruction shall be valid and entitle the holder thereof to teach in any county of the state upon being registered by the intermediate school district superintendent thereof, which fact shall be evidenced by him on the certificate in the words, "Registered for use in. . . . . . county," together with the date of registry, and his official signature: Provided, That a copy of the original certificate duly certified by the superintendent of public instruction may be used for the purpose of registry and endorsement in lieu of the original. [Amended by Laws 1971 ch. 48 sec. 50.] SEC. 28A.70.140. Teacher certification; refusal, revocation; grounds.— Before registering any certificate, the intermediate school district superintendent of the county in which application is made for certificate shall satisfy himself that the applicant is a person of good moral character, personal fitness, and has not been convicted of any crimes involving the physical neglect of children, physical injury of children (excepting possible motor vehicle violations), or sexual abuse of children. In the event of a refusal to register a certificate for whatsoever reason, the intermediate school district superintendent shall immediately notify the superintendent of public instruction of his action and shall fully and clearly state his reasons therefor, and the person aggrieved shall have the right of appeal to the superintendent of public instruction, and shall have the further right of appeal to the state board of education. [Ch. 55, sec. 1. Laws of 1974, 1st Ex. Session] SEC. 28A.70.160.-Any certificate to teach authorized under the provisions of this chapter or rules and regulations promulgated thereunder may be revoked by the authroity authorized to grant the same upon complaint of any school district superintendent or intermediate school district superintendent for immorality, violation of written contract, intemperance, crime against the law of the state, the conviction of any crime involving the physical neglect of children, the physical injury of children (excepting possible motor vehicle violations) or the sexual abuse of children, or any unprofessional conduct, after the person whose certificate is in question has been given an opportunity to be heard. [Ch. 55, sec. 2. Laws of 1974, 1st Ex. Sess.] Health and Safety Health Measures (ch. 28A.31). SEC. 28A.31.010. Contagious diseases, limiting contact; rules and regulations.-The state board of health, after consultation with the superintendent of public instruction, shall adopt reasonable rules and regulations regarding the presence of persons on or about any school premises who have, or who have been exposed to, contagious diseases deemed by the state board of health as dangerous to the public health. Such rules and regulations shall specify reasonable and precautionary procedures as to such presence and/or readmission of such persons and may include the requirement for a certificate from a licensed physician that there is no danger of contagion. The superintendent of public instruction shall print and distribute the rules and regulations of the state board of health above provided to appropriate school officials and personnel. [Amended by Laws 1971 ch. 32 sec. 1.] Compiler's Note: See also APPROVAL/SUPERVISION/SUPPORT, Ch. 28A.02, sec. 1(11) and sec. 2(5) and (7). School Safety Patrol-Adult Supervisors-AuthorityInsurance Coverage (ch. 47). (Substitute House Bill No. 757). SEC. 1. Section 46.48.160, chapter 12, Laws of 1961 and RCW 46.61.385 are each amended to read as follows:-The superintendent of public instruction, through the superintendent of schools of any school district, or other officer or board performing like functions with respect to the schools of any other educational administrative district, may cause to be appointed voluntary adult recruits as supervisors and, from the student body of any public or private school or institution of learning, students, who shall be known as members of the "school patrol" and who shall serve without compensation and at the pleasure of the authority making the appointment. The members of such school patrol shall wear an appropriate designation or insignia identifying them as members of the school patrol when in performance of their duties, and they may display "stop" or other proper traffic directional signs or signals at school crossings or other points where school children are crossing or about to cross a public highway, but members of the school patrol and their supervisors shall be subordinate to and obey the orders of any peace officer present and having jurisdiction. School districts, at their discretion, may hire sufficient numbers of adults to serve as supervisors. Such adults shall be subordinate to and obey the orders of any peace officer present and having jurisdiction. Any school district having a school patrol may purchase uniforms and other appropriate insignia, traffic signs and other appropriate materials, all to be used by members of such school patrol while in performance of their duties, and may pay for the same out of the general fund of the district. It shall be unlawful for the operator of any vehicle to fail to stop his vehicle when directed to do so by a school patrol sign or signal displayed by a member of the school patrol engaged in the performance of his duty and wearing or displaying appropriate insignia, and it shall further be unlawful for the operator of a vehicle to disregard any other reasonable directions of a member of the school patrol when acting in performance of his duties as such. School districts may expend funds from the general fund of the district to pay premiums for life and accident policies covering the members of the school patrol in their district while engaged in the performance of their school patrol duties. Members of the school patrol shall be considered as employees for the purposes of RCW 28 A.58,425, as now or hereafter amended. Federal Aid Vocational Education Generally (ch. 28A.09). SEC. 28A.09.070. Acceptance of federal acts.-The state of Washington hereby accepts all the provisions and benefits of an act passed by the senate and house of representatives of the United States of America in congress assembled, entitled "An act to provide for the promotion of vocational education, to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to appropriate money and regulate its expenditure," approved February 23, 1917; and of an act of congress entitled “An act to provide for the further development of vocational education in the several states and territories," approved June 8, 1936, and the Vocational Educational Act of 1946 and supplemental vocational education acts including but not limited to Public Law 88-210. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.09.070 p. 1686, effective July 1, 1970.] Surplus or Donated Food Commodities for SEC. 28A.30.010. Acquisition authorized. – Notwithstanding any other provision of law or chapter 39.32 RCW, the state superintendent of public instruction is hereby authorized to purchase, or otherwise acquire from the government of the United States or any property or commodity disposal agency thereof, surplus or donated food commodities for the use by any school district for their hot lunch program. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A .30.010 p. 1730, effective July 1, 1970.] Health Measures (ch. 28A.31). SEC. 28A.31.020. Milk for children at school expense.- The board of directors of any school district may cause to be furnished free of charge, in a suitable receptable on each and every school day to such children in attendance desiring or in need of the same, not less than one-half pint of milk. The cost of supplying such milk shall be paid for in the same manner as other items of expense incurred in the conduct and operation of said school except that available federal or state funds may be used therefor. [Enacted Laws 1st Ex. Sess. 1969 ch. 223 sec. 28A.31.020 p. 1733, effective July 1, 1970.] WEST VIRGINIA CONSTITUTIONAL PROVISIONS Public Aid For Nonpublic Schools Bill of Rights (art. 3). SEC. 15. Religious freedom guaranteed.-... the legislature shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this State, to levy on themselves, or others, any tax for the erection or repair of any house for public worship, or for the support of any church or ministry, but it shall be left free for every person to select his religious instructor, and to make for his support, such private contract as he shall please. Taxation and Finance (art. 10). SEC. 6. Credit of State not to be granted in certain cases.-The credit of the State shall not be granted to, or in aid of any county, city, township, corporation or person; nor shall the State ever assume, or become responsible for the debts or liabilities of any county, city, township, corporation or person; nor shall the State ever hereafter become a joint owner, or stockholder in any company or association in this State or elsewhere, formed for any purpose whatever. Education (art. 12). SEC. 1. The legislature shall provide, by general law, for a thorough and efficient system of free schools. SEC. 2. Supervision of Free Schools.— * * ANNOTATION.-Schools which are now commonly regarded as part of the "free school” system of this State are the public elementary or grade schools, the public high schools, and public vocational schools at the high school level. [51 Op. Att'y Gen. 852 (1966).] Schools not recognized as part of free school system.-All special schools, colleges and universities which charge a tuition fee, as a condition to admittance, or which impose scholarship standards or other administrative standards that limit enrollment are not a part of the recognized "free school” system of the State. [51, Op. Att'y Gen. 852-(1966).] Compiler's Note.-See also STATUTORY PROVISIONS, PUPIL TRANSPORTATION, Art. 5, Sec. 18-5-13 and TEXTBOOKS, Art. 5, Sec. 18-5-21b. Tax Exemptions For Nonpublic Schools Taxation and Finance (art. 10). ANNOTATION.-Use of property for educational, charitable, etc., purposes for exemption.-To bring real estate within the exemption provision of this section and of any statute enacted pursuant thereto, such property must be "used for educational, literary, scientific, religious or charitable purposes,” otherwise the exemption is inoperative. [Central Realty Co. v. Martin, 126 W. Va. 915, 921, 30 S.E.2d 720 (1944).] Miscellaneous Education (art. 12). SEC. 12. Legislature to foster general school improvements.-The legislature shall foster and encourage, moral, intellectual, scientific and agricultural improvement; it shall, whenever it may be practicable, make suitable provision for the blind, mute and insane, and for the organization of such institutions of learning as the best interest of general education in the State may demand. STATUTORY PROVISIONS Education (ch. 18). Approval/Supervision/Support State Board of Education (art. 2). SEC. 18-2-6. Training of teachers; accreditation, classification and standardization of schools; standards for degrees and diplomas.-... The state board of education shall make rules and regulations for the accreditation, classification and standardization of all schools in the State, except institutions of higher education, and shall determine the minimum standards for the granting of diplomas and other certificates of proficiency, except those conferred or granted by institutions of higher education. [1919, c. 2, sec. 8; Code 1923, c. 45, sec. 8; 1963, c. 44; 1969, c. 129.] County Boards of Education (art. 5). ANNOTATION.-... The Catholic parochial schools are not permitted to operate apart from and free from regulation by the county boards of education. The parochial schools are required by statute to conform to standards, rules, and regulations prescribed for the operation and maintenance of public schools. [State ex. rel. Hughes v. Board of Educ., 174 S.E.2d (W. Va. 1970) at page 720.] Compiler's Note.-See also CURRICULUM, Art. 6. Driver Education, esp. Sections 18-6-3, 18-6-4 and 18-6-5. |