SUBSTITUTE SENATE BILL 5235
State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Education (originally sponsored by Senators Bailey, Rinehart, Oke, Patterson, Anderson, Pelz, Johnson, Murray, A. Smith, Sutherland, Conner and Talmadge).
Read first time February 5, 1991.
AN ACT Relating to prevention and intervention services for elementary students; adding new sections to chapter 28A.600 RCW; and making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) A student's ability to learn can be affected by a number of both positive and negative factors, including but not limited to: Level of parent involvement and support; child abuse and neglect; poverty, including parental unemployment or underemployment; family transiency and homelessness; drug and alcohol abuse; poor health and nutrition; crime; and peer influence. Such factors can be manifested in forms such as underachievement and failure, absenteeism and truancy, drug and alcohol abuse, delinquency, suicide, disruption of the classroom learning environment, dropping out, teen pregnancy, and, later in life, unemployment, a need for public assistance, treatment or institutionalization for mental health reasons, involvement with the judicial system, and possible imprisonment for civil or criminal convictions.
(2)(a) The legislature finds that every child deserves attention, affection, and optimum development of his or her potential. Prevention and intervention services at the elementary level offer early identification, encouragement, and follow-up of each child's special interests, creative talents, and particular abilities as well as identification and cooperative assistance with learning, emotional, environmental, social, or physical obstacles to normal child growth and development.
(b) The legislature finds that the provision of counseling and related prevention and intervention services at the elementary level will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potential.
(c) The legislature finds that it is essential that resources be made available to school districts: To provide early prevention and intervention services to students, their families, and classroom teachers; to enhance the opportunity for students to realize academic and personal success; and to reduce the number of students at-risk of performing below their ability level in school.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 10 of this act.
(1) "Child intervention specialist" means:
(a) An educational staff associate who holds certification as a school counselor, a school psychologist, a school nurse, or a school social worker under state board of education rules adopted pursuant to RCW 28A.305.130; or
(b)(i) An appropriate public or private provider of professional health care as defined under RCW 18.120.020(4), including providers employed by the state of Washington;
(ii) A mental health professional as defined under RCW 71.05.020(12), including mental health professionals employed by the state of Washington; or
(iii) A child psychiatrist or children's mental health specialist as defined under RCW 71.34.020, including child psychiatrists or children's mental health specialists employed by the state of Washington, whose services may be requested by a school district pursuant to a prevention and intervention program for elementary students implemented under sections 3 through 5 of this act.
(2) "Early grades," "elementary grades," and "elementary level" mean kindergarten through grade six and may include preschool age children served by the school district.
(3) "Elementary grades prevention and intervention program" means a program of services and activities or events developed pursuant to sections 3 through 5 of this act.
(4) "Superintendent" means the superintendent of public instruction.
NEW SECTION. Sec. 3. (1) From funds appropriated by the legislature, the superintendent shall establish a voluntary program to assist school districts in providing prevention and intervention programs for elementary grade students. This program shall be called the fair start program.
(2) Any district currently providing elementary students with prevention and intervention services which loses the source of funding for those services, for reasons beyond the control of the district, may use fair start funds to continue or enhance the existing level of prevention and intervention services.
NEW SECTION. Sec. 4. The superintendent shall distribute funds equitably to all school districts based on the district's enrollment in grades kindergarten through six. Districts accepting fair start allocations shall be required to match the state funds at a minimum of twenty percent of the cost of the proposed local elementary grades prevention and intervention program. The district match may consist of:
(1) Federal funds;
(2) Other funds available to districts, including funds from state programs with prevention and intervention components, such as:
(a) The substance abuse awareness program under RCW 28A.170.010 through 28A.170.070;
(b) The substance abuse prevention and intervention program under RCW 28A.170.075 through 28A.170.100;
(c) The community mobilization against substance abuse program under RCW 43.270.010 through 43.270.080;
(d) The learning assistance program under RCW 28A.165.010 through 28A.165.090;
(e) The dropout prevention program under RCW 28A.175.020 through 28A.175.070;
(f) Local education program enhancement funds appropriated by the legislature;
(3) Municipal funds;
(4) District funds currently used for elementary prevention and intervention services;
(5) Contributions of or contractual arrangements for services, including the use of a child intervention specialist licensed or employed by the state of Washington, materials, supplies, or physical facilities; or
(6) Any combination of funds under subsections (1) through (5) of this section.
NEW SECTION. Sec. 5. (1) School districts interested in implementing or enhancing an elementary grades prevention and intervention program shall submit the following information to the superintendent of public instruction:
(a) Documentation that the district board of directors has adopted a written policy regarding the district's role and responsibility relating to prevention and intervention services for elementary students or a letter of commitment from the board of directors that a written policy will be adopted within six months of receipt of state funding under this chapter;
(b) District goals relating to prevention and intervention services for elementary students;
(c) Procedures for notifying parents or guardians regarding:
(i) The referral of students for prevention and intervention services; and
(ii) Liability issues relating to the provision of prevention and intervention services to students outside school buildings;
(d) Use of grant funds for prevention and intervention related in-service purposes;
(e) How the services of child intervention specialists may be integrated into the district's elementary grades prevention and intervention program;
(f) Evaluation procedures the district will implement to assess the effectiveness of the district's early grades prevention and intervention program; and
(g) Other information as requested by the superintendent.
(2) The district's plan for providing prevention and intervention services to students shall be based on the district's identified goals under subsection (1)(b) of this section. The plan shall be developed with the participation of, but not limited to, district and building-level staff and administrators, child intervention specialists, and parents.
(3) In addition to the information required under subsection (1) of this section, school districts and educational service districts accepting moneys under the fair start program shall be required to establish formal agreements for coordinated case management with lead mental health agencies or other public or private social service agencies that are present in the community with an emphasis on the most efficient and cost-effective use of fair start funds.
(4) Two or more school districts may submit a joint application for the purpose of establishing or enhancing a cooperative prevention and intervention program for elementary grades students.
(5) An educational service district may submit an application on behalf of one or more school districts for the purpose of establishing or enhancing an elementary grades prevention and intervention program.
NEW SECTION. Sec. 6. (1) Districts shall use fair start funds to provide prevention and intervention services to students in grades preschool through six with priority given to students based on need. Districts shall establish the criteria determining need and include this information in the reports required under section 9 of this act.
(2) In developing their elementary grades prevention and intervention programs, districts shall emphasize the delivery of services using child intervention specialists as defined in section 2(1)(a) of this act. Districts are encouraged to have child intervention specialists as defined in section 2(1)(b) of this act deliver services in the district and under the supervision of a child intervention specialist as defined in section 2(1)(a) of this act under the district's prevention and intervention program.
(3) Nothing under sections 1 through 10 of this act shall preclude a district from incorporating a primary intervention program model as part of the district's fair start program.
NEW SECTION. Sec. 7. The superintendent shall develop specific measures to evaluate the success of the grant projects and the fair start program. The department of social and health services shall provide the superintendent with information the superintendent may use in developing measures to evaluate the fair start program and projects.
NEW SECTION. Sec. 8. (1) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement sections 2 through 7 of this act.
(a) The rules shall permit districts to contract with governmental or nongovernmental organizations or community-based professional health care providers to provide elementary students with prevention and intervention services under the local fair start program.
(b) The rules shall permit school districts to provide prevention and intervention services through the local educational service district.
(c) The rules shall assure appropriate coordination between the superintendent and the department of social and health services regarding the primary intervention program and the fair start program.
(2) The secretary of the department of social and health services shall adopt rules as necessary under chapter 34.05 RCW to assure appropriate coordination between the secretary and the superintendent regarding the fair start program and the primary intervention program.
NEW SECTION. Sec. 9. (1) School districts and educational service districts shall submit annually to the superintendent of public instruction a report on their fair start programs. The reports shall include the criteria established to determine students' needs to provide prevention and intervention services on a priority basis.
(2) The superintendent shall submit biennially a report to the governor and the legislature on the fair start program established under section 3 of this act. The first report shall be submitted not later than December 1, 1992. The first report shall include information on districts' criteria establishing students' needs to receive prevention and intervention services on a priority basis. Subsequent reports shall be submitted not later than December 1 in even-numbered years.
NEW SECTION. Sec. 10. (1) The superintendent of public instruction shall collect and disseminate to school districts information on programs established or enhanced under the fair start program.
(2) Upon request, the superintendent shall provide information to districts regarding how other districts have used fair start funds locally and how other districts have established formal agreements for coordinated case management under section 5(4) of this act or otherwise coordinated services to children.
NEW SECTION. Sec. 11. Sections 1 through 10 of this act are each added to chapter 28A.600 RCW.
NEW SECTION. Sec. 12. The sum of fifty million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the superintendent of public instruction for the purposes of this act.
NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.