SECOND ENGROSSED SUBSTITUTE HOUSE BILL 1362
State of Washington 68th Legislature 2023 Regular Session
By House State Government & Tribal Relations (originally sponsored by
Representatives Stearns, Reeves, Abbarno, Gregerson, Lekanoff, and
Tharinger; by request of Office of Financial Management)
READ FIRST TIME 02/03/23.
1 AN ACT Relating to improving government efficiency related to
2 reports by state agencies by eliminating reports, changing the
3 frequency of reports, and providing an alternative method for having
4 information publicly available in place of reports; amending RCW
5 28A.180.020, 28A.230.150, 28A.300.476, 28A.300.615, 28A.655.090,
6 28A.655.260, 43.43.545, 43.63A.510, 43.280.100, 48.43.0128,
7 61.24.163, 70A.420.050, 72.09.620, 77.135.090, 28A.230.095,
8 28A.300.530, 28A.305.035, 28A.305.130, 28A.410.210, 28A.320.196,
9 28B.77.220, 43.21A.150, 43.60A.240, 43.61.040, 43.63A.068,
10 43.105.369, 47.01.330, 54.16.425, 72.09.765, 77.32.555, 82.14.470,
11 and 82.32.765; creating a new section; and repealing RCW 13.32A.045,
12 19.02.055, 19.280.060, 43.31.980, and 62A.9A-527.
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
14 NEW SECTION. Sec. 1. INTENT AND FINDINGS. (1) The legislature
15 finds that requiring state agencies to report to the legislature is
16 an important method of providing information and keeping the
17 legislature informed on the implementation and impacts of
18 legislation. Some reports provide information that is no longer
19 relevant or useful to the legislature, which can be discerned by the
20 lack of interest in the report. There are other reports that are
21 redundant as the information is provided through other means. In
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 1 addition, preparing reports is time consuming, and there may be
2 better, more efficient mechanisms for sharing information with
3 legislators as well as the public, such as posting the information on
4 agency websites. Finally, some reports are required on a more
5 frequent basis than is necessary, as the information does not change
6 to an extent that merits the increased frequency.
7 (2) In order to improve agency efficiency and still ensure that
8 information is publicly available and provided to the legislature as
9 needed, it is the intent of this act to eliminate reports that no
10 longer serve a relevant purpose, change reporting frequency where
11 warranted, and provide alternative mechanisms in place of submitting
12 reports where appropriate.
13 PART I
14 MODIFICATIONS TO REPORTS
15 Sec. 2. RCW 28A.180.020 and 2017 c 123 s 1 are each amended to
16 read as follows:
17 The superintendent of public instruction shall review annually
18 the transitional bilingual instruction program and shall submit a
19 report of such review to the legislature on or before ((February))
20 March 1st of each year.
21 Sec. 3. RCW 28A.230.150 and 2018 c 109 s 3 are each amended to
22 read as follows:
23 (1) On January 16th of each year or the preceding Friday when
24 January 16th falls on a nonschool day, there shall be observed within
25 each public school "Temperance and Good Citizenship Day." Annually
26 the state superintendent of public instruction shall duly prepare and
27 publish for circulation among the teachers of the state a program for
28 use on such day embodying topics pertinent thereto and may from year
29 to year designate particular laws for special observance.
30 (2) Each year on "Temperance and Good Citizenship Day," social
31 studies teachers must, as resources allow, coordinate a voter
32 registration event in each history or social studies class attended
33 by high school seniors. This event is part of the future voter
34 program. Teachers must make voter sign up and registration available
35 to all students.
36 (3) County auditors may, as resources allow, help coordinate
37 elements of the future voter program, and participate in voter
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 1 registration events for students on "Temperance and Good Citizenship
2 Day."
3 (4) On each temperance and good citizenship day all students who
4 will be eighteen years of age or older by the time of the next
5 general election will be given the opportunity to register to vote
6 online in the classroom. Paper registration must also be made
7 available in the classroom. Students who do not possess a state
8 identicard or driver's license must be provided a paper registration
9 form. The event must include adequate time for students to complete
10 the registration process in class.
11 (5) The superintendent of public instruction, in consultation
12 with the secretary of state, must update and distribute youth voter
13 registration materials annually, by December 1st, for eligible
14 students to register to vote at school. Electronic notification of
15 the availability of the materials must be distributed to high school
16 principals and secondary social studies and history teachers.
17 (6) The superintendent of public instruction must consult with
18 the secretary of state to provide registration methods that enable
19 the electronic collection of information on the number of students
20 who registered to vote on "Temperance and Good Citizenship Day," with
21 the goal of achieving at least fifty thousand new voter registrations
22 for seventeen and eighteen year olds annually, beginning in January
23 2020.
24 (7) Beginning March 1, 2020, and annually thereafter by May 1st,
25 the superintendent of public instruction must report on yearly
26 progress toward the goal established in subsection (((5))) (6) of
27 this section, including the number of ((seventeen)) 17 and
28 ((eighteen)) 18 year olds registered to vote by county and
29 recommendations for increasing youth voter registration, to the
30 governor and the appropriate standing committees of the legislature
31 in accordance with RCW 43.01.036.
32 (8) For the purposes of this section:
33 (a) "Future voter program" refers to the information that may be
34 collected by a number of processes about a future voter. Information
35 that is otherwise disclosable under chapter 29A.08 RCW cannot be
36 disclosed on the future voter until the person reaches age eighteen,
37 except for the purpose of processing and delivering ballots.
38 (b) "Sign up" means the act of providing information relevant to
39 eventual official voter registration, prior to such time that he or
40 she will be eighteen years of age by the next election.
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 1 Sec. 4. RCW 28A.300.476 and 2022 c 109 s 2 are each amended to
2 read as follows:
3 (1) By February 1, 2023, and by ((February)) March 1st every odd-
4 numbered year thereafter, the office of the superintendent of public
5 instruction shall submit, in accordance with RCW 43.01.036, to the
6 appropriate committees of the legislature a report analyzing the
7 implementation of RCW 28A.150.260(5)(b), related to physical, social,
8 and emotional support staff.
9 (2) For the analysis, the office of the superintendent of public
10 instruction must use personnel data reported on or around October 1st
11 of the report year and the prior year, and any other relevant data.
12 (3) Except as provided in subsection (4) of this section, the
13 report must:
14 (a) Compare the staffing units provided for nurses, social
15 workers, psychologists, counselors, classified staff providing
16 student and staff safety, and parent involvement coordinators under
17 RCW 28A.150.260(5) to the actual school district staffing levels for
18 physical, social, and emotional support staff, disaggregate by school
19 district; and
20 (b) Analyze trends with respect to: (i) Employed staff and
21 contract staff; and (ii) the percentage of staff with a valid
22 educational staff associate certificate. These trends must be
23 disaggregated by assignment duty code, as well as analyzed year over
24 year and by school district size and geography.
25 (4) For the report due February 1, 2023, the office of the
26 superintendent of public instruction is required to complete the
27 analysis described in subsection (3) of this section only to the
28 extent that relevant data are available.
29 (5) For the purposes of this section, "physical, social, and
30 emotional support staff" or "staff" has the same meaning as in RCW
31 28A.150.260(5)(b).
32 (6) This section expires June 30, 2030.
33 Sec. 5. RCW 28A.300.615 and 2020 c 8 s 3 are each amended to
34 read as follows:
35 (1) By ((October)) March 1st of each year, a school district must
36 report to the office of the superintendent of public instruction:
37 (a) The number of substitute teachers hired per school year;
38 (b) The number of hours worked by each substitute teacher;
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1 (c) The number of substitute teachers that received benefits
2 under the school employees' benefits board;
3 (d) The full daily compensation rate per substitute teacher; and
4 (e) The reason for hiring the substitute teacher.
5 (2) By ((January)) May 1st of each year, the office of the
6 superintendent of public instruction must post on its website the
7 information identified in subsection (1) of this section.
8 Sec. 6. RCW 28A.655.090 and 2019 c 252 s 120 are each amended to
9 read as follows:
10 (1) By September 10, 1998, and by ((September 10th)) October 1st
11 each year thereafter, the superintendent of public instruction shall
12 report to schools, school districts, and the legislature on the
13 results of the statewide student assessment.
14 (2) The reports shall include the assessment results by school
15 and school district, and include changes over time. For the statewide
16 student assessment, results shall be reported as follows:
17 (a) The percentage of students meeting the standards;
18 (b) The percentage of students performing at each level of the
19 assessment;
20 (c) Disaggregation of results by at least the following subgroups
21 of students: White, Black, Hispanic, American Indian/Alaskan Native,
22 Asian, Pacific Islander/Hawaiian Native, low income, transitional
23 bilingual, migrant, special education, and, beginning with the
24 2009-10 school year, students covered by section 504 of the federal
25 rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794); and
26 (d) A learning improvement ((index)) indicator that shows changes
27 in student performance within the different levels of student
28 learning reported on the statewide student assessment.
29 (3) The reports shall contain data regarding the different
30 characteristics of schools, such as poverty levels, percent of
31 English as a second language students, dropout rates, attendance,
32 percent of students in special education, and student mobility so
33 that districts and schools can learn from the improvement efforts of
34 other schools and districts with similar characteristics.
35 (4) ((The reports shall contain student scores on mandated tests
36 by comparable Washington schools of similar characteristics.
37 (5))) The reports shall contain information on public school
38 choice options available to students, including vocational education.
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 1 (((6))) (5) The reports shall be posted on the superintendent of
2 public instruction's internet website.
3 (((7))) (6) To protect the privacy of students, the results of
4 schools and districts that test fewer than ten students in a grade
5 level shall not be reported. In addition, in order to ensure that
6 results are reported accurately, the superintendent of public
7 instruction shall maintain the confidentiality of statewide data
8 files until the superintendent determines that the data are complete
9 and accurate.
10 (((8))) (7) The superintendent of public instruction shall
11 monitor the percentage and number of special education and limited
12 English-proficient students exempted from taking the assessments by
13 schools and school districts to ensure the exemptions are in
14 compliance with exemption guidelines.
15 Sec. 7. RCW 28A.655.260 and 2023 c 349 s 3 are each amended to
16 read as follows:
17 (1) The superintendent of public instruction shall collect the
18 following information from school districts: Which of the graduation
19 pathways under RCW 28A.655.250 are available to students at each of
20 the school districts; and the number of students using each
21 graduation pathway for graduation purposes. This information shall be
22 reported ((annually)) to the education committees of the legislature
23 beginning January 10, 2021, and by March 10th each year thereafter.
24 To the extent feasible, data on student participation in each of the
25 graduation pathways shall be disaggregated by race, ethnicity,
26 gender, and receipt of free or reduced-price lunch.
27 (2) The state board of education shall review and monitor the
28 implementation of the graduation pathway options to ensure school
29 district compliance with requirements established under RCW
30 28A.655.250 and subsection (3) of this section. The reviews and
31 monitoring required by this subsection may be conducted concurrently
32 with other oversight and monitoring conducted by the state board of
33 education. The information shall be collected annually and reported
34 to the education committees of the legislature by January 10, 2025,
35 and biennially thereafter.
36 (3)(a) At least annually, school districts shall examine data on
37 student groups participating in and completing each graduation
38 pathway option offered by the school district. At a minimum, the data
39 on graduation pathway participation and completion must be
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 1 disaggregated by the student groups described in RCW 28A.300.042 (1)
2 and (3), and by:
3 (i) Gender;
4 (ii) Students who are the subject of a dependency proceeding
5 pursuant to chapter 13.34 RCW;
6 (iii) Students who are experiencing homelessness as defined in
7 RCW 28A.300.542(((4))) (6); and
8 (iv) Multilingual/English learners.
9 (b) If the results of the analysis required under (a) of this
10 subsection show disproportionate participation and completion rates
11 by student groups, then the school district shall identify reasons
12 for the observed disproportionality and implement strategies as
13 appropriate to ensure the graduation pathway options are equitably
14 available to all students in the school district.
15 Sec. 8. RCW 43.43.545 and 2020 c 26 s 6 are each amended to read
16 as follows:
17 (1) The Washington state patrol shall create and operate a
18 statewide sexual assault kit tracking system. The Washington state
19 patrol may contract with state or nonstate entities including, but
20 not limited to, private software and technology providers, for the
21 creation, operation, and maintenance of the system.
22 (2) The statewide sexual assault kit tracking system must:
23 (a) Track the location and status of sexual assault kits
24 throughout the criminal justice process, including the initial
25 collection in examinations performed at medical facilities, receipt
26 and storage at law enforcement agencies, receipt and analysis at
27 forensic laboratories, and storage and any destruction after
28 completion of analysis;
29 (b) Designate sexual assault kits as unreported or reported;
30 (c) Indicate whether a sexual assault kit contains biological
31 materials collected for the purpose of forensic toxicological
32 analysis;
33 (d) Allow medical facilities performing sexual assault forensic
34 examinations, law enforcement agencies, prosecutors, the Washington
35 state patrol bureau of forensic laboratory services, and other
36 entities having custody of sexual assault kits to update and track
37 the status and location of sexual assault kits;
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 1 (e) Allow victims of sexual assault to anonymously track or
2 receive updates regarding the status of their sexual assault kits;
3 and
4 (f) Use electronic technology or technologies allowing continuous
5 access.
6 (3) The Washington state patrol may use a phased implementation
7 process in order to launch the system and facilitate entry and use of
8 the system for required participants. The Washington state patrol may
9 phase initial participation according to region, volume, or other
10 appropriate classifications. All entities having custody of sexual
11 assault kits shall fully participate in the system no later than June
12 1, 2018. The Washington state patrol shall submit a report on the
13 current status and plan for launching the system, including the plan
14 for phased implementation, to the joint legislative task force on
15 sexual assault forensic examination best practices, the appropriate
16 committees of the legislature, and the governor no later than January
17 1, 2017.
18 (4) The Washington state patrol shall submit ((a semiannual)) an
19 annual report on the statewide sexual assault kit tracking system to
20 the joint legislative task force on sex