(1) Strike
defined. For the purpose of this section the term "strike" shall mean: A
concerted work stoppage by employees of a school district of which there has
been a formal declaration by their recognized representative and notice of the
declaration has been provided to the district by the recognized representative
at least two calendar school days in advance of the actual stoppage.
(2) Presumption of approved program. It shall
be presumed that all school days conducted during a school year for which the
state board of education has granted annual program approval are conducted in
an approved manner, except for school days conducted during the period of a
strike. The following shall govern the approval or disapproval of a program
conducted during the period of a strike:
(a)
Upon the submission of a written complaint of substandard program operation by
a credible observer, the state superintendent of public instruction may
investigate the complaint and program being operated during the
strike.
(b) The district's program
shall be deemed disapproved if the investigation of the state superintendent
establishes a violation of one or more of the following standards or, as the
case may be, such deviations as have been approved by the state board:
(i) All administrators must have proper
credentials;
(ii) WAC
180-16-220(1) which requires that all teachers have proper credentials;
(iii) The school district shall provide
adequate instruction for all pupils in attendance;
(iv) Adequate provisions must be made for the
health and safety of all pupils;
(v) The local district shall have a written
plan for continuing the school program during this period; and
(vi) The required ratio of enrolled pupils to
certificated personnel for the first five days shall not exceed 60 to 1, for
the next five days shall not exceed 45 to 1 and thereafter shall not exceed 30
to 1.
(c) Program
disapproval shall be effective as of the day following transmittal of a notice
of disapproval by the state superintendent and shall apply to those particular
school days encompassed in whole or in part by the remainder of the strike
period.
(d) The decision of the
state superintendent shall be final except as it may be reviewed by and at the
option of the state board of education.
(e) The program shall be deemed approved
during those days of operation for which a trial court order ordering striking
employees to work is in effect.
(3) Work stoppages. Nothing in this section
or WAC
180-16-191 through
180-16-225 shall be construed as
condoning or authorizing any form of work stoppage which disrupts any portion
of the planned educational program of a district or the maintenance of an
approved program for less than the minimum number of school days required by
law, except as excused for apportionment purposes by the superintendent of
public instruction pursuant to
RCW
28A.150.290.
