AN ACT Relating to remediation; amending RCW 28A.41.400, 28A.41.402, 28A.41.404, 28A.41.406, and 28A.41.410; and adding a new section to chapter 28A.41 RCW.

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

Sec. 1. Section 1, chapter 149, Laws of 1979 and RCW 28A.41.400 are each amended to read as follows:

It is the purpose of ((~~this act~~)) RCW 28A.41.402 through 28A.41.414 to create a state-wide program designed to provide remediation assistance to public school students who are deficient in basic skills achievement. The legislature intends that students' participation in the program be for the shortest period of time necessary and that a program objective be to help students attain grade-level in skills as soon as possible. The legislature intends, in establishing and continuing this ((~~new~~)) program, that the most efficient use possible be made of available testing information and of revenue for similar purposes from the federal government.

Sec. 2. Section 2, chapter 149, Laws of 1979 and RCW 28A.41.402 are each amended to read as follows:

As used in ((~~this act~~)) RCW 28A.41.400 through 28A.41.414 unless the context clearly indicates otherwise:

(1) "Basic skills" means reading, mathematics, and language arts.

(2) "Program of remediation" shall mean assistance in the remediation of basic skills deficiencies provided to five eligible students or less per session in grades one through six and ten eligible students or less in grades seven through twelve by a person appropriately trained for that purpose acting under the direct supervision and control of a person certificated pursuant to chapter 28A.67 RCW.

(3) "Approved program" means a program of remediation which is designed by a public school district and which school districts shall make every effort to provide in the regular classroom in grades one through six, or which is selected from the bank of nationally validated proven educational practices and is a diagnostic, prescriptive model in basic skills, and which is approved by the superintendent of public instruction in accordance with the following criteria:

(a) All students participating in the program shall be ((~~educationally deprived by consequence of their being below grade level in basic skills achievement~~)) below grade level in basic skills achievement and in need of remediation as determined by criteria including placement testing established by local districts;

(b) The program shall be based on performance objectives related to educational achievement and shall be annually evaluated by the district in a manner consistent with such objectives;

(c) Clear learning and progress objectives and procedures for regular assessment shall be established for each child in the program by each local district;

(d) The program shall provide supplementary services designed to meet the special educational needs of the participating students by providing a program of remediation for such participating students and supportive services consisting of supervision, materials and supplies and the training of administrators, teachers, aides and tutors;

(((d) Not less than fifty percent of the funds expended in the program by any school district in any fiscal year shall be expended in school attendance areas having high concentrations of students from low-income families as defined in Section 122 of Public Law 95-561; and))

(e) The superintendent of public instruction may adopt additional program standards and procedures as necessary to combine the state program for remediation in basic skills with like federal programs in order to fulfill the state's goal of providing service to students in need of remediation; and

(f) The school district shall keep such records and provide access thereto as is necessary to assure compliance with the foregoing approval criteria.

(4) "Basic skills tests" means tests established pursuant to RCW 28A.03.360, as now or hereafter amended.

(5) "Placement testing" means the administration of objective tests by a school district for the purpose of diagnosing the basic skills achievement levels and remediation needs of individual students in conformance with instructions established by the superintendent of public instruction established for such purpose.

Sec. 3. Section 3, chapter 149, Laws of 1979 and RCW 28A.41.404 are each amended to read as follows:

Each school district in which students are enrolled who are eligible for remediation services under RCW 28A.41.406 shall establish an approved program. Each school district shall submit annually an application to the office of the superintendent of public instruction for approval of the program. Upon approval of the program, each school district ((~~which has established an approved program~~)) shall be eligible((~~, as determined by the superintendent of public instruction,~~)) for state funds made available for the purposes of such programs. The number of students eligible to participate in such program in each school district shall be calculated by the superintendent of public instruction through the use of data derived from the basic skills test. In making such calculations the superintendent of public instruction shall multiply the percentage of students taking the tests which scored in the lowest quartile, as compared to national norms, by the number of students enrolled in the district in grades ((~~two~~)) one through ((~~six~~)) twelve: PROVIDED, That in in making this calculation the superintendent of public instruction may use an average of the percentages of the students scoring in the lowest quartile over the immediately preceding five or fewer years.

Sec. 4. Section 4, chapter 149, Laws of 1979 and RCW 28A.41.406 are each amended to read as follows:

Students who may participate in an approved program of remediation shall be determined by each school district through placement testing: PROVIDED, That ((~~only~~)) students in grades ((~~two~~)) one through ((~~six~~)) twelve who are behind grade level in one or more basic skills shall be eligible to participate: PROVIDED FURTHER, That the total number of students in a school district who may participate in an approved program of remediation may not exceed the total number of eligible students calculated in accordance with the provisions of RCW 28A.41.404. No student receiving educational services from the programs conducted pursuant to chapter 28A.13 RCW shall be eligible to participate in the remediation program established by ((~~this act~~)) RCW 28A.41.400 through 28A.41.414 if the student's program is designed to address like needs as those addressed by the program of remediation.

Sec. 5. Section 6, chapter 149, Laws of 1979 and RCW 28A.41.410 are each amended to read as follows:

In order to insure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every three years. The results of the evaluations required by RCW 28A.41.402(3)(b) shall be transmitted to the superintendent of public instruction annually. The superintendent of public instruction shall also review annually the state-wide remediation program and shall submit a report of such review to the legislature on or before January 1 of each year.

NEW SECTION. Sec. 6. A new section is added to chapter 28A.41 RCW to read as follows:

School districts may enrich the program authorized by RCW 28A.41.400 through 28A.41.414: PROVIDED, That such enrichment shall not constitute a responsibility of the state.