H-2416.1

HOUSE BILL 2284

ByRepresentatives Pollet, Couture, Jacobsen, Peterson, Doglio, Ryu, and Nance

AN ACT Relating to using evidence-based instructional practices in reading and writing literacy for public elementary students; amending RCW 28A.320.202, 28A.300.530, 28A.300.570, 28A.300.720, 28A.320.260, 28A.415.265, 28A.655.230, 28A.655.235, and 28B.10.033; adding new sections to chapter 28A.410 RCW; adding a new section to chapter 28A.710 RCW; adding a new section to chapter 28A.715 RCW; adding a new section to chapter 28A.230 RCW; creating new sections; recodifying RCW 28A.320.202 and 28B.10.033; repealing RCW 28A.300.290, 28A.300.300, 28A.300.330, 28A.300.340, 28A.410.285, 28A.415.350, 28A.415.360, and 28A.415.400; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

(b) The legislature recognizes that, during the 2021-22 school year, the system established to screen students for risks associated with reading difficulties, including dyslexia, identified over 20 percent of students as at risk and in need of additional supports.

(2)(a) The legislature finds that, in 2009, the United States department of education published a practice guide with evidence-based suggestions for implementing multitier interventions that are feasible and based on evidence from rigorous research. One of the recommendations is to use a curriculum that addresses the components of reading instruction (comprehension, fluency, phonemic awareness, phonics, and vocabulary) and relates to students' needs and developmental levels. The legislature acknowledges that these components are often referred to as "structured literacy."

(b) Therefore, the legislature intends that these components be incorporated into foundational curricula and expectations for teaching reading and writing in Washington public schools.

(3)(a) The legislature understands recent research indicates that African American and Hispanic children who show signs of dyslexia are less likely than white children to be identified as dyslexic through school screening programs, even after controlling for income level. The legislature recognizes that the scientific literature on reading and cognition indicates that instruction using the principles of structured literacy will benefit almost all students, not only those with indicators of dyslexia.

(b) Therefore, the legislature intends to address this serious equity problem by ensuring that all students receive evidence-based reading and writing instruction using the principles of structured literacy.

(4)(a) The legislature recognizes that all elementary educators who support early literacy and reading and writing literacy need professional development on using the principles of structured literacy.

(b) Therefore, the legislature intends to require that preservice and in-service elementary educators be trained to teach students to read and write using the evidence-based instructional practices in early literacy and reading and writing literacy.

Sec. 2. RCW 28A.320.202 and 2013 2nd sp.s. c 18 s 102 are each amended to read as follows:

(1) School districts ((are responsible for providing a comprehensive system of instruction and services in reading and early literacy to kindergarten through fourth grade students that is based on the degree of student need for additional support. Reading and early literacy systems provided by school districts must include:

(1) Annual use of))shall implement a comprehensive literacy program that uses evidence-based instructional practices to promote the early literacy and reading and writing literacy of students in kindergarten through fourth grade. School districts are encouraged to phase in use of the program elements beginning with the 2024-25 school year and shall fully implement all program elements by the beginning of the 2026-27 school year.

(f) Use screening assessments and other tools to identify at-risk readers in kindergarten through fourth grade, such as the Washington kindergarten inventory of developing skills, the Washington state early learning and development guidelines for birth through third grade, literacy screenings for students in kindergarten through second grade under RCW 28A.320.260, the second grade reading assessment under RCW 28A.300.310, and locally used assessments and other tools;

(g) For students in third grade who are reading below grade level, implement intensive reading improvement strategies under RCW 28A.655.230 and 28A.655.235; and

(((2) Research-based))(h) Use research-based family involvement and engagement strategies, including strategies to help families and guardians assist in improving students' reading and early literacy skills at home.

NEW SECTION.  Sec. 3. A new section is added to chapter 28A.410 RCW to read as follows:

(1) By September 1, 2025, the Washington professional educator standards board shall adopt revised standards for teacher endorsements with reading and writing literacy competencies. The revised standards must include those competencies necessary to participate in the delivery of a comprehensive literacy program under RCW 28A.320.202 (as recodified by this act).

(2) The Washington professional educator standards board shall require approved educator preparation programs offering teacher endorsements with reading and writing literacy competencies to incorporate the revised standards into their programs by the beginning of the 2026-27 academic year.

(3) For the purposes of this section "teacher endorsements with reading and writing literacy competencies" includes early childhood education, early childhood special education, elementary education, reading, special education, and other endorsements related to reading and writing literacy as determined by the Washington professional educator standards board.

(2) This section expires July 1, 2027.

NEW SECTION.  Sec. 5. A new section is added to chapter 28A.410 RCW to read as follows:

(1) To renew a teacher certificate on or after September 1, 2027, a teacher holding an endorsement in, or with an assignment related to, reading and literacy competencies must complete training on the skills and knowledge necessary to participate in the delivery of a comprehensive literacy program under RCW 28A.320.202 (as recodified by this act). To meet the requirements of this section, the relevant teachers must first complete the educator training program described in RCW 28A.300.530 or an equivalent training program approved by the Washington professional educator standards board, and may subsequently either retake the full educator training program or the refresher course described in RCW 28A.300.530.

(2) The Washington professional educator standards board shall determine the endorsements and assignments to which the provisions of this section apply, after considering the definition of "teacher endorsements with reading and writing literacy competencies" in section 3 of this act.

NEW SECTION.  Sec. 6. A new section is added to chapter 28A.710 RCW to read as follows:

RCW 28A.320.202 (as recodified by this act) governs school operation and management under RCW 28A.710.040 and applies to charter schools established under this chapter.

NEW SECTION.  Sec. 7. A new section is added to chapter 28A.715 RCW to read as follows:

RCW 28A.320.202 (as recodified by this act) governs school operation and management under RCW 28A.715.020 and applies to state-tribal education compact schools subject to this chapter.

Sec. 8. RCW 28A.300.530 and 2009 c 546 s 2 are each amended to read as follows:

(1) Within available resources, the office of the superintendent of public instruction, in consultation with ((the school districts that participated in the Lorraine Wojahn dyslexia pilot program, and with an international))appropriate experts, for example, the educational service districts and international and state-level nonprofit organizations dedicated to supporting efforts to provide appropriate identification of and instruction for individuals with dyslexia, shall((:

(a) Develop))develop, and periodically update, an educator training program and a refresher course to enhance the reading, writing, and spelling skills of ((students with dyslexia. The training program must provide research-based, multisensory literacy intervention professional development in the areas of dyslexia and intervention implementation. The program shall))kindergarten through fourth grade students, including students who display indications of, or areas of weakness associated with, dyslexia. The educator training program and refresher course must provide evidence-based professional development on the skills and knowledge necessary to participate in the delivery of a comprehensive literacy program under RCW 28A.320.202 (as recodified by this act).

(2) The educator training program and refresher course must be posted on the website of the office of the superintendent of public instruction.

(3) The educator training program and refresher course may be regionally delivered through the educational service districts. The educational service districts may seek assistance from ((the international)) nonprofit organizations to deliver the educator training((; and

(2) Beginning September 1, 2009, and annually thereafter, each))program and refresher course.

(4) Each educational service district shall annually report to the office of the superintendent of public instruction the number of individuals who participate in the educator training ((developed and offered by the educational service district))program and refresher course. The report must also include the number of teachers holding an endorsement in, or with an assignment related to, reading and writing literacy competencies who have not completed the educator training program. The office of the superintendent of public instruction shall report that information to the legislative education committees by December 1st annually and in compliance with RCW 43.01.036.

(5) "Teachers holding an endorsement in, or with an assignment related to, reading and writing literacy competencies" has the same meaning as "teacher endorsements with reading and writing literacy competencies" in section 3 of this act.

Sec. 9. RCW 28A.300.570 and 2018 c 58 s 29 are each amended to read as follows:

In support of reading and early literacy, including comprehensive literacy programs under RCW 28A.320.202 (as recodified by this act), the office of the superintendent of public instruction is responsible for:

(1) Continuing to work collaboratively with state and regional partners such as the department of children, youth, and families and the educational service districts to establish early literacy benchmarks and standards and to implement the Washington state comprehensive literacy plan;

(2) Disseminating research and information to school districts about evidence-based programs and practices in reading readiness skills, early literacy, and reading instruction;

(3) Providing statewide models to support ((school districts that are implementing response to intervention initiatives, positive behavior intervention support systems, or other similar comprehensive models of data-based identification and early intervention))public schools to implement the Washington integrated student supports protocol, established under RCW 28A.300.139, within a multitiered system of supports; ((and))

(4) Within available funds and in partnership with the educational service districts, providing technical assistance ((and professional development opportunities for school districts))to public schools delivering a comprehensive literacy program under RCW 28A.320.202 (as recodified by this act); and

(5) Developing, and periodically updating, a dyslexia handbook to be used as a reference for teachers and parents of students who display indications of, or areas of weakness associated with, dyslexia. The handbook must include guidelines for school districts to follow as they identify and provide services for students with dyslexia. Additionally, the handbook must provide school districts and parents with information regarding the state's relevant statutes and their relation to federal special education laws, as well as parental support resources. The handbook must be posted on the website of the office of the superintendent of public instruction.

Sec. 10. RCW 28A.300.720 and 2018 c 75 s 5 are each amended to read as follows:

(1) By June 1, 2021, the superintendent of public instruction must review the dyslexia advisory council's recommendations required under ((RCW 28A.300.710))section 4, chapter 75, Laws of 2018 and make available to school districts:

(a) Best practices for school district implementation of screenings as required under RCW 28A.320.260, including trainings for school district staff conducting the screenings, for example, the educator training program and refresher course delivered under RCW 28A.300.530;

(b) Best practices for using a multitiered system((s)) of supports to provide interventions as required under RCW 28A.320.260, including trainings for school district staff in instructional methods specifically targeting students' areas of weakness;

(c) Sample educational information for parents and families related to dyslexia that includes a list of resources for parental support, such as the dyslexia handbook developed under RCW 28A.300.570; and

(d) Best practices to address the needs of students above grade two who show indications of, or areas of weakness associated with, dyslexia.

(2) By February 15, 2022, the superintendent of public instruction must review the dyslexia advisory council's updated report required under ((RCW 28A.300.710))section 4, chapter 75, Laws of 2018 and revise the best practices and sample educational information made available to school districts required under subsection (1) of this section.

(((3) By November 1, 2022, and in compliance with RCW 43.01.036, the superintendent of public instruction must report to the house of representatives and senate education committees with the following information from the 2021-22 school year:

(c) Descriptions from school districts of the issues districts had related to implementing the provisions of RCW 28A.320.260.))

Sec. 11. RCW 28A.320.260 and 2018 c 75 s 2 are each amended to read as follows:

(1) Beginning in the 2021-22 school year, and as provided in this section, each school district must use a multitiered system((s)) of supports to provide interventions to students in kindergarten through second grade who display indications of, or areas of weakness associated with, dyslexia. In order to provide school districts with the opportunity to intervene before a student's performance falls significantly below grade level, school districts must screen students in kindergarten through second grade for indications of, or areas associated with, dyslexia as provided in this section.

(2)(a) School districts must use screening tools and resources that exemplify best practices, as described under RCW 28A.300.700.

(b) School districts may use the screening tools and resources identified by the superintendent of public instruction in accordance with RCW 28A.300.700.

(3)(a) If a student shows indications of below grade level literacy development or indications of, or areas of weakness associated with, dyslexia, the school district must provide interventions using an evidence-based multitiered system((s)) of supports, consistent with the ((recommendations of the dyslexia advisory council under RCW 28A.300.710))best practices made available by the superintendent of public instruction under RCW 28A.300.720, and as required under this subsection (3).

(b) ((The))(i) Through August 31, 2026, the interventions must be evidence-based multisensory structured literacy interventions and must be provided by an educator trained in instructional methods specifically targeting students' areas of weakness.

(c) Whenever possible, a school district must begin by providing student supports in the general education classroom. If screening tools and resources indicate that, after receiving the initial tier of student support, a student requires interventions, the school district may provide the interventions in either the general education classroom or a learning assistance program setting. If after receiving interventions, further screening tools and resources indicate that a student continues to have indications of, or areas of weakness associated with, dyslexia, the school district must recommend to the student's parents and family that the student be evaluated for dyslexia or a specific learning disability.

(4) For a student who shows indications of, or areas of weakness associated with, dyslexia, each school district must notify the student's parents and family of the identified indicators and areas of weakness, as well as the plan for using a multitiered system((s)) of supports to provide supports and interventions. The initial notice must also include ((information relating to dyslexia and resources for parental support))the dyslexia handbook developed by the superintendent of public instruction under RCW 28A.300.570. The school district must regularly update the student's parents and family of the student's progress.

(5) School districts may use state funds provided under chapter 28A.165 RCW to meet the requirements of this section.

Sec. 12. RCW 28A.415.265 and 2019 c 295 s 302 are each amended to read as follows:

(1) For the purposes of this section, a mentor educator is a teacher, educational staff associate, or principal who:

(a) Has successfully completed training in assisting, coaching, and advising beginning principals, beginning educational staff associates, beginning teachers, or student teachers as defined by the office of the superintendent of public instruction. Beginning September 1, 2026, mentor educators with an assignment related to reading and writing literacy competencies, as determined by the Washington professional educator standards board under section 3 of this act, must have also completed the educator training program described in RCW 28A.300.530;

(b) Has been selected using mentor standards developed by the office of the superintendent of public instruction; and

(c) Is participating in ongoing mentor skills professional development.

(2)(a) The beginning educator support team program is established to provide professional development and mentoring for beginning principals, beginning educational staff associates, beginning teachers, and candidates in alternative route teacher certification programs under chapter 28A.660 RCW.

(b) The superintendent of public instruction shall notify school districts about the beginning educator support team program and encourage districts to apply for program funds.

(3) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction shall allocate funds for the beginning educator support team program on a competitive basis to individual school districts, consortia of districts, or state-tribal compact schools. In allocating funds, the office of the superintendent of public instruction shall give priority to:

(a) Schools and districts identified for comprehensive or targeted support and improvement as required under the federal elementary and secondary education act;

(b) School districts with a large influx of beginning principals, beginning educational staff associates, or beginning classroom teachers; and

(c) School districts that demonstrate an understanding of the research-based standards for beginning educator induction developed by the office of the superintendent of public instruction.

(4) A portion of the appropriated funds may be used for program coordination and provision of statewide or regional professional development through the office of the superintendent of public instruction.

(5) A beginning educator support team program must include the following components:

(a) A paid instructional orientation or individualized assistance before the start of the school year for program participants;

(b) A trained and qualified mentor assigned to each program participant for up to three years, with intensive support in the first year and decreasing support in subsequent years;

(c) A goal to provide program participants from underrepresented populations with a mentor who has strong ties to underrepresented populations;

(d) Ongoing professional development designed to meet the unique needs of each program participant for supplemental training and skill development;

(e) Initial and ongoing professional development for mentors;

(f) Release time for mentors and program participants to work together, as well as time for program participants to observe accomplished peers;

(g) To the extent possible, a school or classroom assignment that is appropriate for a beginning principal, beginning educational staff associate, or beginning teacher;

(h) Nonevaluative observations with written feedback for program participants;

(i) Support in understanding and participating in the state and district evaluation process and using the instructional framework, leadership framework, or both, to promote growth;

(j) Adherence to research-based standards for beginning educator induction developed by the office of the superintendent of public instruction; and

(k) A program evaluation that identifies program strengths and gaps using the standards for beginning educator induction, the retention of beginning educators, and positive impact on student growth for program participants.

(6) The beginning educator support team program components under subsection (5) of this section may be provided for continuous improvement coaching to support educators on probation under RCW 28A.405.100.

Sec. 13. RCW 28A.655.230 and 2015 c 125 s 1 are each amended to read as follows:

(1) The definitions in this subsection apply throughout this section and RCW 28A.655.235 unless the context clearly requires otherwise.

(a) "Basic" means a score on the statewide student assessment at a level two in a four-level scoring system.

(b) "Below basic" means a score on the statewide student assessment at a level one in a four-level scoring system.

(((c) "Not meet the state standard" means a score on the statewide student assessment at either a level one or a level two in a four-level scoring system.))

(2) Prior to the return of the results of the statewide student assessment in English language arts, elementary schools shall require meetings between teachers and parents of students in third grade who are reading below grade-level or who, based on formative or diagnostic assessment, and other indicators, are likely to score in the below basic level on the third grade statewide student assessment in English language arts. At the meeting, the teacher shall inform the parents or guardians of the requirements of this section and the intensive reading improvement strategies that will be available to students before fourth grade. The teacher also shall inform the parents and guardians of the school district's grade placement policy for the following year. Schools that have regularly scheduled parent teacher conferences may use those meetings to comply with this section.

(3) For students to be placed in fourth grade, the strategies provided by the school district must include an intensive reading improvement strategy provided, supported, or contracted by the school district that includes small group reading instruction, a summer program, or other options developed to meet the needs of students to prepare for fourth grade.

(4) If a student in third grade scores below grade level on the third grade statewide student assessment in English language arts, and there was no meeting under subsection (2) of this section, the principal or his or her designee shall notify the student's parents or guardians of the following:

(a) The below basic score;

(b) An explanation of the requirements of this section;

(c) The intensive reading improvement strategy options that are available;

(d) The school district's grade placement policy;

(e) Contact information for a school district employee who can respond to questions and provide additional information; and

(f) A reasonable deadline for obtaining the parent's consent regarding the student's intensive reading improvement strategies that will be implemented and the student's grade placement.

(5) The parent's or guardian's consent must be obtained regarding the appropriate grade placement and the intensive reading improvement strategy to be implemented. The school district must implement the strategy selected in consultation with the student's parents or guardians. If the school district does not receive a response from a parent by the deadline or a reasonable time thereafter, the principal or his or her designee shall make a decision on the student's grade placement for the following year and the intensive reading improvement strategies that will be implemented during the following school year.

(6) If the school principal and parent cannot agree on the appropriate grade placement and improvement strategies from the list of available options, the parent's request will be honored.

(7) If a student does not have a score in English language arts on the third grade statewide student assessment but the district determines, or is able to anticipate from, using district or classroom-based formative or diagnostic assessments or another standardized assessment, that the student's performance is equivalent to below basic in English language arts, the policy in subsections (2) through (6) of this section applies.

(8) Students participating in the transitional bilingual instruction program are exempt from the policy in subsections (2) through (6) of this section, unless the student has participated in the transitional bilingual instruction program for three school years and receives a score of below basic on the third grade statewide student assessment in English language arts.

(9) Students with disabilities whose individualized education program includes specially designed instruction in reading or English language arts are exempt from subsections (2) through (8) of this section. Communication and consultation with parents or guardians of such students ((shall))must occur through the individualized education program development and revision process required under chapter 28A.155 RCW and associated administrative rules.

Sec. 14. RCW 28A.655.235 and 2013 2nd sp.s. c 18 s 106 are each amended to read as follows:

(1)(a) ((Beginning in the 2015-16 school year, except))Except as otherwise provided in this subsection (1), for any student who received a score of basic or below basic on the third grade statewide student assessment in English language arts in the previous school year, the school district must implement an intensive reading ((and literacy)) improvement strategy as follows:

(i) Through August 31, 2026, the strategy must be from a state menu of best practices ((established in accordance with subsection (3) of this section or an alternative strategy in accordance with subsection (4) of this section)); and

(ii) Beginning September 1, 2026, the strategy must meet the requirements of RCW 28A.320.202(2) (a) through (e) (as recodified by this act).

(b) ((Reading and literacy))Intensive reading improvement strategies for students with disabilities whose individualized education program includes specially designed instruction in reading or English language arts ((shall))must be as provided in the individualized education program: PROVIDED, That, beginning September 1, 2026, for students who are identified as having a disability related to dyslexia, the specially designed instruction must include instruction that meets the requirements of RCW 28A.320.202(2) (a) through (e) (as recodified by this act).

(2)(a) ((Also beginning in the 2015-16 school year, in))In any school where more than forty percent of the tested students received a score of basic or below basic on the third grade statewide student assessment in English language arts in the previous school year, as calculated under this subsection (2), the school district must implement an intensive reading ((and literacy)) improvement strategy for all students in grades kindergarten through four at the school as follows:

(i) Through August 31, 2026, the strategy must be from a state menu of best practices ((established in accordance with subsection (3) of this section or an alternative strategy in accordance with subsection (4) of this section for all students in grades kindergarten through four at the school)); and

(ii) Beginning September 1, 2026, the strategy must meet the requirements of RCW 28A.320.202(2) (a) through (e) (as recodified by this act).

(b) For the purposes of this subsection (2), the office of the superintendent of public instruction shall exclude the following from the calculation of a school's percentage of tested students receiving a score of basic or below basic on the third grade statewide student assessment:

(i) Students enrolled in the transitional bilingual instruction program unless the student has participated in the transitional bilingual instruction program for three school years;

(ii) Students with disabilities whose individualized education program specifies a different standard to measure reading performance than is required for the statewide student assessment; and

(iii) Schools with fewer than ten students in third grade.

(3) ((The office of the superintendent of public instruction shall convene a panel of experts, including the Washington state institute for public policy, to develop a state menu of best practices and strategies for intensive reading and literacy improvement designed to assist struggling students in reaching grade level in reading by the end of fourth grade. The state menu must also include best practices and strategies to improve the reading and literacy of students who are English language learners and for system improvements that schools and school districts can implement to improve reading instruction for all students. The office of the superintendent of public instruction shall publish the state menu by July 1, 2014, and update the state menu by each July 1st thereafter.

(4) School districts may use an alternative practice or strategy that is not on a state menu developed under subsection (3) of this section for two school years initially. If the district is able to demonstrate improved outcomes for participating students over the previous two school years at a level commensurate with the best practices and strategies on the state menu, the office of the superintendent of public instruction must approve use of the alternative practice or strategy by the district for one additional school year. Subsequent annual approval by the superintendent of public instruction to use the alternative practice or strategy is dependent on the district continuing to demonstrate an increase in improved outcomes for participating students))Beginning September 1, 2026, teachers and other educators implementing the intensive reading improvement strategies must have completed the educator training program described in RCW 28A.300.530.

Sec. 15. RCW 28B.10.033 and 2019 c 295 s 202 are each amended to read as follows:

(1)(a) Each Washington professional educator standards board-approved teacher preparation program, including an alternative route teacher certification program, must develop a plan describing how the program will partner with school districts in the general geographic region of the program regarding field placement of student teachers. The plans must be developed in collaboration with school districts desiring to partner with the programs, and may include use of unexpended federal or state funds to support residencies and mentoring for students who are likely to continue teaching in the district in which they have a supervised field placement.

(b) Beginning July 1, 2020, the following goals must be considered when developing the plans required under this section:

(i) Field placement of student teachers should be targeted to high-need subject areas, including special education and English learner, and high-need geographic areas, including Title I and rural schools; and

(ii) Student teacher mentors should be highly effective as evidenced by the mentors having received level 3 or above on both criteria 3 (recognizing individual student learning needs and developing strategies to address those needs) and criteria 6 (using multiple student data elements to modify instruction and improve student learning) on their most recent comprehensive performance evaluation under RCW 28A.405.100. Student teacher mentors should also have received or be concurrently receiving professional development in mentoring skills.

(2) The plans required under subsection (1) of this section must be submitted to the Washington professional educator standards board and updated by July 1st every even-numbered year.

(3) The Washington professional educator standards board shall post the plans and updates required under this section on its website.

(1) RCW 28A.300.290 (Effective reading programs—Identification) and 1996 c 273 s 1;

(2) RCW 28A.300.300 (Effective reading programs—Information—Development and implementation of strategies) and 1998 c 245 s 11 & 1996 c 273 s 4;

(3) RCW 28A.300.330 (Primary grade reading grant program) and 1997 c 262 s 4;

(4) RCW 28A.300.340 (Primary grade reading grant program—Timelines—Rules) and 1997 c 262 s 7;

(5) RCW 28A.410.285 (Teacher preparation programs) and 2019 c 295 s 203;

(6) RCW 28A.415.350 (Professional development learning opportunities—Partnerships) and 2009 c 539 s 4 & 2007 c 402 s 7;

(7) RCW 28A.415.360 (Learning improvement days—Eligibility—Reports) and 2019 c 252 s 117, 2009 c 548 s 403, & 2007 c 402 s 9; and

(8) RCW 28A.415.400 (Reading instruction and early literacy—Professional development) and 2013 2nd sp.s. c 18 s 103.

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