180-16-162 - Strike defined - Presumption of approved program operation - Strikes - Exception - Approval/disapproval of program during strike period - Work stoppages and maintenance of approved programs for less than one hundred eighty days not condoned
180-16-162. Strike defined - Presumption of approved program operation - Strikes - Exception - Approval/disapproval of program during strike period - Work stoppages and maintenance of approved programs for less than one hundred eighty days not condoned
(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.
Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. 10-23-104, § 180-16-162, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.150.220(4). 02-18-053, § 180-16-162, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), § 180-16-162, filed 9/12/79; Order 5-73, § 180-16-162, filed 9/6/73.
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