AN ACT Relating to remediation; amending RCW 28A.41.400, 28A.41.402, 28A.41.404, and 28A.41.406; and repealing RCW 28A.41.412 and 28A.41.414.

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~~)) the remediation assistance program 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, in ((~~establishing this new~~)) the establishment of this 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.41.410 unless the context clearly indicates otherwise:

(1) "Basic skills" means reading, mathematics, and language arts as well as readiness activities associated with such skills.

(2) "Program of remediation" shall mean assistance in the remediation of basic skills deficiencies provided to ((~~five~~)) students ((~~or less per session~~)) by a person appropriately trained for that purpose who shall also be certificated pursuant to chapter 28A.70 RCW or shall be acting under the direct supervision and control of a person certificated pursuant to chapter ((~~28A.67~~)) 28A.70 RCW.

(3) "Approved program" means a program of remediation which is designed by a public school district, 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 a local school board of directors and 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;

(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) The program shall provide supplementary services within the regular classroom setting or other setting designed to meet the special educational needs of the participating students by providing ((a)) an instructional 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)) Such additional program standard and procedures as the superintendent of public instruction deems necessary to combine the state program for remediation in basic skills with like federal programs; and

(e) The school district shall keep ((~~such~~)) individual records and other records and provide the superintendent of public instruction access thereto as is necessary to assure compliance with the ((~~foregoing~~)) approval criteria under this subsection.

(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 shall submit an annual remediation assistance program application to the office of the superintendent of public instruction for approval. 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 tests administered under RCW 28A.03.360. 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 through six~~)) kindergarten through twelve: PROVIDED, That 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 1979 and RCW 28A.41.406 are each amended to read as follows:

Students in grades kindergarten through twelve who ((~~may~~)) are eligible to participate in an approved program of remediation shall be determined by each school district through placement testing: PROVIDED, That ((~~only students in grades two through six 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~~)) through any other school district special assistance programs ((~~conducted pursuant to chapter 28A.13 RCW~~)) shall be eligible to participate in the remediation program established by ((~~this act if the student's~~)) RCW 28A.41.400 through 28A.41.410 to the extent the other program is designed to address like needs.

NEW SECTION. Sec. 5. The following acts or parts of act are each repealed:

(1) Section 7, chapter 149, Laws of 1979, section 2, chapter 163, Laws of 1982 and RCW 28A.41.412; and

(2) Section 8, chapter 149, Laws of 1979 and RCW 28A.41.414.