SB 5315 — Concerning nonpublic agencies operating special education programs for students with disabilities.

S-0968.1Z-0293.1 SUBSTITUTE SENATE BILL 5315 State of Washington 68th Legislature 2023 Regular Session By Senate Early Learning & K-12 Education (originally sponsored by Senators C.

by request of Superintendent of Public Instruction)Instruction READRead FIRSTfirst TIMEtime 02/01/23.01/12/23.

Referred to Committee on Early Learning & K-12 Education.

1 SSBSB 5315 (5) Approve school district and agency programs as being eligible for special excess cost financial aid to students with disabilities;

For purposes of this section, a "nonpublic agency" means a private in-state or out-of-state agency that contracts with a school district to provide a program of special education for students with disabilities, and includes the subcategory of "nonpublic agency school" which means a Washington state private school approved by the state board of education under RCW 28A.305.130 that contracts with a school district to provide a program of special education for students with disabilities.

(2) The office of the superintendent of public instruction must create a master contract to govern the placement of students receiving special education services with nonpublic agencies.

The contract must include, at a minimum:

2 SSBSB 5315 (2)(a) TheA officedescription of the superintendentadministrative ofand publicfinancial instructionagreements mustbetween createthe aschool masterdistrict contractand the nonpublic agency to governprovide thespecial placementeducation services, including provisions for recordkeeping and documentation of services provided to ensure that students receivinghave specialthe educationopportunity servicesto withmake nonpublicappropriate agencies.educational progress and receive appropriate credit towards earning a diploma;

The master contract must be used by school districts to ensure uniform standards are met.

A school district may adapt the master contract to include additional elements when agreed to by a nonpublic agency.

The master contract must include, at a minimum:

(a) A description of the administrative and financial agreements between the school district and the nonpublic agency to provide special education services, including provisions for recordkeeping and documentation of services provided to ensure that students have the opportunity to make appropriate educational progress and receive appropriate credit towards earning a diploma;

(3)(a)(3) ExceptThe as provided in (b) of this subsection, the office of the superintendent of public instruction and the contracting school district must conduct ana joint on-site visit of the nonpublic agency withinbefore 30approving daysa ofcontract whenunder athis studentsection, beginsand receivingeither contractedthe servicesoffice atof the nonpublicsuperintendent agency,of andpublic instruction or the contracting school district must conduct at least one on-site visit annually thereafter while the contract is in effect.

When conducting an on-site visit, the office p.of the superintendent of public instruction and the contracting school district must ensure that all facilities, staffing levels, and procedural safeguards are sufficient to provide a safe and appropriate learning environment for all students served under the contract, and verify that the nonpublic agency is in compliance with all contract requirements.

3(4) SSBThe 5315office of the superintendent of public instruction andmay theapprove contracting school district must ensure that all facilities, staffing levels, and procedural safeguards are sufficient to provide a safecontract andunder appropriatethis learningsection environment for alla studentsperiod servedof underup theto contract,three andp. verify that the nonpublic agency is in compliance with all contract requirements.

(b)3 NonpublicSB agency5315 schoolsyears. that are approved by the state board of education under RCW 28A.305.130 may seek a five-year preapproval from the office of the superintendent of public instruction.

To grant preapproval, the office of the superintendent of public instruction must visit the nonpublic agency school and determine that the facilities, staffing levels, and procedural safeguards are sufficient to provide a safe and appropriate learning environment.

This visit may occur independently from an application for contract approval.

Once preapproval is granted, the nonpublic agency school is exempt from on-site visit requirements from the office of the superintendent of public instruction when seeking contract approval under this section.

Preapproval status may be renewed every five years with a new on-site visit by the office of the superintendent of public instruction.

(4)(a) The office of the superintendent of public instruction may approve a contract under this section for a period of up to three years.

(i)(a) Fails to comply with all contract requirements or fails to maintain approval standards;

(ii)(b) Violates the rights of students eligible for special education services;

or (iii)(c) Refuses to implement any corrective actions ordered by the office of the superintendent of public instruction.

(b)(5) The superintendentoffice of publicthe instructionsuperintendent mustof notifypublic theinstruction, statein boardconsultation ofwith educationschool ifdistricts anyand nonpublicother agencystate schoolagencies, ismust investigatedengage forin noncompliance,rule directedmaking to completecreate correctivethe action,nonpublic oragency failsmaster to maintain contract and approval standards required under this section.

(5) The office of the superintendent of public instruction, in consultation with school districts and other state agencies, must engage in rule making to create the master contract and approval standards required under this section.

When developing the master contract, the office of the superintendent of public instruction must p.

4 SSB 5315 seek to streamline requirements and reduce procedural redundancies, including coordinating with the state board of education to align requirements for nonpublic agency schools that are approved under RCW 28A.305.130.

It does not include appropriate use of a prescribed medical, orthopedic, or therapeutic device when used as intended, such as to achieve proper body position,p. balance, or alignment, or to permit a student to safely participate in activities.

4 SB 5315 position, balance, or alignment, or to permit a student to safely participate in activities.

p.(d) "School" means a public school as defined in RCW 28A.150.010 or a nonpublic agency that contracts with a school district as authorized under RCW 28A.155.060.

5 SSB 5315 (d) "School" means a public school as defined in RCW 28A.150.010 or a nonpublic agency that contracts with a school district as authorized under RCW 28A.155.060.

These proceduresp. must include:

5 SB 5315 procedures must include:

(5) Any school employee, resource officer, or school security officer who uses isolation or restraint on a student during school- p.sponsored instruction or activities must inform the building administrator or building administrator's designee as soon as possible, and within two business days submit a written report of the incident to the district office.

6 SSB 5315 sponsored instruction or activities must inform the building administrator or building administrator's designee as soon as possible, and within two business days submit a written report of the incident to the district office.

For each school, thep. school district shall include the number of individual incidents of restraint and isolation, the number of students involved in the incidents, the number of injuries to students and staff, and the types of restraint or isolation used.

6 SB 5315 the school district shall include the number of individual incidents of restraint and isolation, the number of students involved in the incidents, the number of injuries to students and staff, and the types of restraint or isolation used.

The office of the superintendent of public instruction may use this data to investigate the training, practices, and other efforts used by schools and districts to reduce p.the use of restraint and isolation.

7 SSB 5315 the use of restraint and isolation.