CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2335
Chapter 206, Laws of 2024
68th Legislature
2024 Regular Session
STATE-TRIBAL EDUCATION COMPACTS—PROVISIONS
EFFECTIVE DATE: June 6, 2024
Passed by the House February 7, 2024 CERTIFICATE
Yeas 95 Nays 0
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
LAURIE JINKINS State of Washington, do hereby
Speaker of the House of certify that the attached is
Representatives SUBSTITUTE HOUSE BILL 2335 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
Passed by the Senate February 29,
2024
Yeas 46 Nays 0 BERNARD DEAN
Chief Clerk
DENNY HECK
President of the Senate
Approved March 19, 2024 3:04 PM FILED
March 21, 2024
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SUBSTITUTE HOUSE BILL 2335
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Education (originally sponsored by Representatives Santos,
Lekanoff, Nance, and Reed)
READ FIRST TIME 01/31/24.
1 AN ACT Relating to state-tribal education compacts; and amending
2 RCW 28A.715.010 and 28A.715.020.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 28A.715.010 and 2018 c 257 s 1 are each amended to
5 read as follows:
6 (1) The superintendent of public instruction is authorized to
7 enter into state-tribal education compacts.
8 (2) No later than six months after July 28, 2013, the
9 superintendent of public instruction shall establish an application
10 and approval process, procedures, and timelines for the negotiation,
11 approval or disapproval, and execution of state-tribal education
12 compacts.
13 (3) The process may be initiated by submission, to the
14 superintendent of public instruction, of a resolution by:
15 (a) The governing body of a tribe in the state of Washington; or
16 (b) The governing body of any of the schools in Washington that
17 are currently funded by the federal bureau of Indian affairs, whether
18 directly or through a contract or compact with an Indian tribe or a
19 tribal consortium.
20 (4) The resolution must be accompanied by an application that
21 indicates the grade or grades from kindergarten through twelve that
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 1 will be offered and that demonstrates that the school will be
2 operated in compliance with all applicable laws, the rules adopted
3 thereunder, and the terms and conditions set forth in the
4 application.
5 (5) Within ninety days of receipt of a resolution and application
6 under this section, the superintendent must convene a government-to-
7 government meeting for the purpose of considering the resolution and
8 application and initiating negotiations.
9 (6) State-tribal education compacts must include provisions
10 regarding:
11 (a) Compliance;
12 (b) Notices of violation;
13 (c) Dispute resolution, which may include nonjudicial processes
14 such as mediation;
15 (d) Recordkeeping and auditing;
16 (e) The delineation of the respective roles and responsibilities;
17 (f) The term or length of the contract, and whether or not it is
18 renewable; and
19 (g) Provisions for compact termination.
20 (7) If a tribal school chooses to participate in the teachers'
21 retirement system, the school employees' retirement system, or both,
22 the state-tribal education compact must also include the following:
23 (a) Acknowledgment by the tribal school that it affirmatively
24 chooses to participate in the teachers' retirement system, the school
25 employees' retirement system, or both;
26 (b) Evidence that the person or persons who sign the compact on
27 behalf of a tribe, dependent Indian community, or subdivision thereof
28 have authority under tribal or community law to bind the tribe or
29 dependent Indian community to all provisions in the compact,
30 including any waiver of sovereign immunity;
31 (c) If the tribal school chooses to participate in the teachers'
32 retirement system:
33 (i) Agreement by the tribal school that it meets the definition
34 of an employer as defined in chapter 41.32 RCW;
35 (ii) Agreement by the tribal school to adhere to all reporting,
36 contribution, and auditing requirements as defined in chapter 41.32
37 RCW, and all rules adopted under authority of RCW 41.50.050(5);
38 (iii) Agreement between the superintendent of public instruction
39 and the tribal school that for the duration of the compact the school
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 1 will be a public school for the purposes of retirement plan
2 membership as defined in chapter 41.32 RCW; and
3 (iv) Agreement by the tribal school that, at the request of the
4 superintendent of public instruction, the tribal school will make
5 available to the superintendent any records the tribal school has
6 provided to the department of retirement systems as required under
7 the reporting, contribution, and auditing requirements defined in
8 chapter 41.32 RCW, and rules implementing that chapter;
9 (d) If the tribal school chooses to participate in the school
10 employees' retirement system:
11 (i) Agreement by the tribal school that it meets the definition
12 of an employer as defined in chapter 41.35 RCW;
13 (ii) Agreement by the tribal school to adhere to all reporting,
14 contribution, and auditing requirements as defined in chapter 41.35
15 RCW, and all rules adopted under authority of RCW 41.50.050(5); and
16 (iii) Agreement by the tribal school that, at the request of the
17 superintendent of public instruction, the tribal school will make
18 available to the superintendent any records the tribal school has
19 provided to the department of retirement systems as required under
20 the reporting, contribution, and auditing requirements defined in
21 chapter 41.35 RCW, and rules implementing that chapter;
22 (e) Agreement by the tribe or, if applicable, the dependent
23 Indian community, to a limited waiver of sovereign immunity and
24 consent to the jurisdiction of the Washington state courts for the
25 purpose of enforcing the reporting, contribution, and auditing
26 requirements defined in chapters 41.32 and 41.35 RCW and all rules
27 adopted under authority of RCW 41.50.050(5);
28 (f) Agreement by the tribal school to dissolution procedures
29 memorialized in the state-tribal education compact so that all
30 parties are aware of their expectations and duties if the compact
31 terminates or the tribal school chooses to no longer participate in
32 the state retirement systems at a future date;
33 (g) Acknowledgment by the tribal school that it has been advised
34 that choosing to no longer participate in the retirement systems may
35 result in federal tax implications for the governing body and its
36 employees that are outside the control of the state of Washington,
37 the department of retirement systems, and the superintendent of
38 public instruction, and that the tribal school is encouraged to seek
39 counsel before agreeing to any dissolution procedures in the compact;
40 and
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 1 (h) Acknowledgment by both parties that the pension plan
2 participation portions of the state-tribal education compact are null
3 and void if the federal internal revenue service issues guidance
4 stating that any portion of those sections are in conflict with the
5 plan qualification requirements for governmental plans in section
6 401(a) of the internal revenue code, and the conflict cannot be
7 resolved through administrative action, statutory change, or
8 amendment to the state-tribal education compact.
9 (8) For tribal schools that opt out of pension plan
10 participation, such schools' employees shall have no right to earn
11 additional service credit in the plan.
12 (9) The superintendent of public instruction shall adopt such
13 rules as are necessary to implement this chapter and consult with the
14 state board of education on provisions within new or revised state-
15 tribal education compacts relating to the duties or authorizations of
16 the board.
17 (10) "Tribal school" for the purposes of this section means any
18 school qualified to participate in a state-tribal education compact
19 under this section.
20 Sec. 2. RCW 28A.715.020 and 2013 c 242 s 3 are each amended to
21 read as follows:
22 (1) A school that is the subject of a state-tribal education
23 compact must operate according to the terms of its compact executed
24 in accordance with RCW 28A.715.010.
25 (2) Schools that are the subjects of state-tribal education
26 compacts are exempt from all state statutes and rules applicable to
27 school districts and school district boards of directors, except
28 those statutes and rules made applicable under this chapter and in
29 the state-tribal education compact executed under RCW 28A.715.010.
30 (3) Each school that is the subject of a state-tribal education
31 compact must:
32 (a) Provide a curriculum and conduct an educational program that
33 satisfies the requirements of RCW 28A.150.200 through 28A.150.240 and
34 28A.230.010 through 28A.230.195, unless an exemption for one or more
35 of these requirements is expressly included within the state-tribal
36 education compact;
37 (b) Employ certificated instructional staff as required in RCW
38 28A.410.010, however such schools may hire noncertificated
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 1 instructional staff of unusual competence and in exceptional cases as
2 specified in RCW 28A.150.203(7);
3 (c) Comply with the employee record check requirements in RCW
4 28A.400.303 and the mandatory termination and notification provisions
5 of RCW 28A.400.320, 28A.400.330, 28A.405.470, and 28A.405.475;
6 (d) Comply with nondiscrimination laws;
7 (e) Adhere to generally accepted accounting principles and be
8 subject to financial examinations and audits as determined by the
9 state auditor, including annual audits for legal and fiscal
10 compliance; and
11 (f) Be subject to and comply with legislation enacted after July
12 28, 2013, governing the operation and management of schools that are
13 the subject of a state-tribal education compact.
14 (4) No such school may engage in any sectarian practices in its
15 educational program, admissions or employment policies, or
16 operations.
17 (5) Nothing in this chapter may limit or restrict any enrollment
18 or school choice options otherwise available under ((Title 28A RCW))
19 this title.
Passed by the House February 7, 2024.
Passed by the Senate February 29, 2024.
Approved by the Governor March 19, 2024.
Filed in Office of Secretary of State March 21, 2024.
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Statutes affected:
Original Bill: 28A.715.010, 28A.715.020
Substitute Bill: 28A.715.010, 28A.715.020
Bill as Passed Legislature: 28A.715.010, 28A.715.020
Session Law: 28A.715.010, 28A.715.020