BILL REQ. #:  H-3264.1 

Read first time 01/15/14.   Referred to Committee on Education.

     AN ACT Relating to implementing selected education reforms using recommendations from the quality education council's 2014 report to the legislature; amending RCW 28A.150.550, 28A.290.010, 28A.165.005, 28A.165.035, 28A.150.220, and 28A.230.090; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the quality education council has made seven recommendations in its 2014 report under its statutory assignment to recommend and inform the ongoing implementation of an evolving program of basic education, recommend the financing necessary to support such a program, develop strategic recommendations intended to inform future educational policy and funding decisions, and identify measurable goals and priorities for the educational system.
     (2) The legislature intends under this act to implement those recommendations from the quality education council's 2014 report that require statutory change.

Sec. 2   RCW 28A.150.550 and 2013 c 282 s 2 are each amended to read as follows:
     (1) The following statewide indicators of educational system health are established:
     (a) Kindergarten readiness: The percentage of students demonstrating the characteristics of entering kindergartners in all six areas identified by the Washington kindergarten inventory of developing skills administered in accordance with RCW 28A.655.080;
     (b) Third grade literacy:
     (i) The percentage of students meeting the standard on the ((fourth)) third grade statewide reading or English language arts assessment administered in accordance with RCW 28A.655.070; and
     (ii) The percentage of students in grades kindergarten through three meeting the proficiency standard on the state English language proficiency assessment;
     (c) Readiness for high school:
     (i) The percentage of students meeting the standard on the eighth grade statewide ((mathematics)) assessments in reading or language arts, mathematics, and science administered in accordance with RCW 28A.655.070;
     (ii) The percentage of students in grades kindergarten through eight meeting the proficiency standard on the state English language proficiency assessment; and
     (iii) The difference in student growth on the statewide assessments in reading or English language arts and mathematics between all students and targeted subgroups of students, as measured by the Washington achievement index adopted under RCW 28A.657.110;
     (d) High school graduation:
     (i) The four-year cohort high school graduation rate; and
     (ii) The five-year extended high school graduation rate;
     (e) Quality of a high school diploma:
     (i) The percentage of students within four years of high school graduation enrolled in precollege or remedial courses in public postsecondary education institutions; and
     (ii) The percentage of students meeting the career and college ready standard on high school assessments in English language arts and mathematics developed by a multistate consortium and administered in accordance with RCW 28A.655.070;
     (f) Postsecondary attainment:
     (i) The percentage of high school graduates who during the second quarter after graduation are either enrolled in postsecondary education or training or are employed, and the percentage during the fourth quarter after graduation who are either enrolled in postsecondary education or training or are employed; and
     (((f) The percentage of students enrolled in precollege or remedial courses in college)) (ii) The percent of high school graduates attaining degrees, certificates, career credentials, and completing apprenticeships before age twenty-six; and
     (g) Access to quality schools: Starting with the 2014-15 school year as a base year, the percentage of schools at or above the "Good" tier of the Washington achievement index adopted under RCW 28A.657.110.
     (2) The statewide indicators established in subsection (1) of this section shall be disaggregated as provided under RCW 28A.300.042.
     (3) The state board of education, with assistance from the office of the superintendent of public instruction, the office of the governor, the workforce training and education coordinating board, the educational opportunity gap oversight and accountability committee, the education data center in the office of financial management, the professional educator standards board, the department of early learning, the state board for community and technical colleges, and the student achievement council, shall establish a process for identifying realistic but challenging system-wide performance goals and measurements, if necessary, for each of the indicators established in subsection (1) of this section, including for subcategories of students as provided under subsection (2) of this section. The performance goal for each indicator must be set on a biennial basis((, and may only be adjusted upward)).
     (4) The ((state board of education, the office of the superintendent of public instruction, and the student achievement council)) agencies listed under subsection (3) of this section shall each align their strategic planning and education reform efforts with the statewide indicators and performance goals established under this section. If any agency uses an indicator in subsection (1) of this section for purposes of strategic planning or performance benchmarking, the performance goal and measure used must be the same as established by the process under subsection (3) of this section.
     (5)(a) The state board of education, with assistance from the ((office of the superintendent of public instruction, the workforce training and education coordinating board, the educational opportunity gap oversight and accountability committee, and the student achievement council)) agencies listed under subsection (3) of this section, shall submit a report on the status of each indicator in subsection (1) of this section and recommend revised performance goals and measurements, if necessary, by ((December)) February 1st of each ((even)) odd-numbered year, except that the initial report establishing baseline values and initial goals shall be delivered to the education committees of the legislature by December 1, 2013.
     (b) If the educational system is not on target to meet the performance goals on any individual indicator, the report must recommend evidence-based reforms intended to improve student achievement in that area.
     (c) To the extent data is available, the performance goals for each indicator must be compared with national data in order to identify whether Washington student achievement results are within the top ten percent nationally or are comparable to results in peer states with similar characteristics as Washington. If comparison data show that Washington students are falling behind national peers on any indicator, the report must recommend evidence-based reforms targeted at addressing the indicator in question.

Sec. 3   RCW 28A.290.010 and 2013 2nd sp.s. c 25 s 7 are each amended to read as follows:
     (1) The quality education council is created to recommend and inform the ongoing implementation by the legislature of an evolving program of basic education and the financing necessary to support such program. The council shall develop strategic recommendations on the program of basic education for the common schools. The council shall take into consideration the capacity report produced under RCW 28A.300.172 and the availability of data and progress of implementing the data systems required under RCW 28A.655.210. Any recommendations for modifications to the program of basic education shall be based on evidence that the programs effectively support student learning. The council shall update the statewide strategic recommendations every four years. The recommendations of the council are intended to:
     (a) Inform future educational policy and funding decisions of the legislature and governor;
     (b) Identify measurable goals and priorities for the educational system in Washington state for a ten-year time period, including the goals of basic education, ongoing strategies for coordinating statewide efforts to eliminate the achievement gap and reduce student dropout rates, and strategies to increase learning opportunities in science, technology, engineering, and mathematics that are aligned with the STEM framework for action and accountability developed under RCW 28A.188.030; and
     (c) Enable the state of Washington to continue to implement an evolving program of basic education.
     (2) The council may assign its responsibility for identifying measurable goals for the educational system to the state board of education and the process established under RCW 28A.150.550. The council may request updates and progress reports from the office of the superintendent of public instruction, the state board of education, the professional educator standards board, and the department of early learning on the work of the agencies as well as educational working groups established by the legislature.
     (3) The chair of the council shall be selected from the councilmembers. The council shall be composed of the following members:
     (a) Four members of the house of representatives, with two members representing each of the major caucuses and appointed by the speaker of the house of representatives;
     (b) Four members of the senate, with two members representing each of the major caucuses and appointed by the president of the senate;
     (c) One representative each from the office of the governor, office of the superintendent of public instruction, state board of education, professional educator standards board, and department of early learning; and
     (d) One nonlegislative representative from the educational opportunity gap oversight and accountability committee established under RCW 28A.300.136, to be selected by the members of the committee.
     (4) The council ((shall meet no more than four days a year)) may convene subcommittees including both members of the council and other individuals with expertise in particular areas if necessary to complete its work.
     (5)(a) The council shall submit an initial report to the governor and the legislature by January 1, 2010, detailing its recommendations, including recommendations for resolving issues or decisions requiring legislative action during the 2010 legislative session, and recommendations for any funding necessary to continue development and implementation of chapter 548, Laws of 2009.
     (b) The initial report shall, at a minimum, include:
     (i) Consideration of how to establish a statewide beginning teacher mentoring and support system;
     (ii) Recommendations for a program of early learning for at-risk children;
     (iii) A recommended schedule for the concurrent phase-in of the changes to the instructional program of basic education and the implementation of the funding formulas and allocations to support the new instructional program of basic education as established under chapter 548, Laws of 2009. The phase-in schedule shall have full implementation completed by September 1, 2018; and
     (iv) A recommended schedule for phased-in implementation of the new distribution formula for allocating state funds to school districts for the transportation of students to and from school, with phase-in beginning no later than September 1, 2013.
     (6) The council shall submit a report to the legislature by January 1, 2012, detailing its recommendations for a comprehensive plan for a voluntary program of early learning. Before submitting the report, the council shall seek input from the early learning advisory council created in RCW 43.215.090.
     (7) The council shall submit a report to the governor and the legislature by December 1, 2010, that includes:
     (a) Recommendations for specific strategies, programs, and funding, including funding allocations through the funding distribution formula in RCW 28A.150.260, that are designed to close the achievement gap and increase the high school graduation rate in Washington public schools. The council shall consult with the educational opportunity gap oversight and accountability committee and the building bridges work group in developing its recommendations; and
     (b) Recommendations for assuring adequate levels of state-funded classified staff to support essential school and district services.
     (8) The council shall be staffed by the office of the superintendent of public instruction and the office of financial management. Additional staff support shall be provided by the state entities with representatives on the council. Senate committee services and the house of representatives office of program research may provide additional staff support.     
     (9) Legislative members of the council shall serve without additional compensation but may be reimbursed for travel expenses in accordance with RCW 44.04.120 while attending sessions of the council or on official business authorized by the council. Nonlegislative members of the council may be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 4   RCW 28A.165.005 and 2013 2nd sp.s. c 18 s 201 are each amended to read as follows:
     (1) This chapter is designed to: (a) Promote the use of data when developing programs to assist underachieving students and reduce disruptive behaviors in the classroom; and (b) guide school districts in providing the most effective and efficient practices when implementing supplemental instruction and services to assist underachieving students and reduce disruptive behaviors in the classroom.
     (2) Except for services and activities under RCW 28A.165.035(2) (g) and (h), school districts implementing a learning assistance program shall focus first on addressing the needs of students in grades kindergarten through four who are deficient in reading or reading readiness skills to improve reading literacy.

Sec. 5   RCW 28A.165.035 and 2013 2nd sp.s. c 18 s 203 are each amended to read as follows:
     (1) Beginning in the 2015-16 school year, expenditure of funds from the learning assistance program must be consistent with the provisions of RCW 28A.655.235.
     (2) Use of best practices that have been demonstrated through research to be associated with increased student achievement magnifies the opportunities for student success. To the extent they are included as a best practice or strategy in one of the state menus or an approved alternative under this section or RCW 28A.655.235, the following are services and activities that may be supported by the learning assistance program:
     (a) Extended learning time opportunities occurring:
     (i) Before or after the regular school day;
     (ii) On Saturday; and
     (iii) Beyond the regular school year;
     (b) Services under RCW 28A.320.190;
     (c) Professional development for certificated and classified staff that focuses on:
     (i) The needs of a diverse student population;
     (ii) Specific literacy and mathematics content and instructional strategies; and
     (iii) The use of student work to guide effective instruction and appropriate assistance;
     (d) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students;
     (e) Tutoring support for participating students;
     (f) Outreach activities and support for parents of participating students, including employing parent and family engagement coordinators; ((and))
     (g) Up to five percent of a district's learning assistance program allocation may be used for development of partnerships with community-based organizations, educational service districts, and other local agencies to deliver academic and nonacademic supports to participating students who are significantly at risk of not being successful in school to reduce barriers to learning, increase student engagement, and enhance students' readiness to learn. The office of the superintendent of public instruction must approve any community-based organization or local agency before learning assistance funds may be expended; and
     (h) Up to five percent of a district's learning assistance program allocation may be used to develop and deliver supplemental instructional programs specifically designed to help close the educational opportunity gap by preventing summer learning loss, if approved by the office of the superintendent of public instruction under subsection (6) of this section.
     (3) In addition to the state menu developed under RCW 28A.655.235, the office of the superintendent of public instruction shall convene a panel of experts, including the Washington state institute for public policy, to develop additional state menus of best practices and strategies for use in the learning assistance program to assist struggling students at all grade levels in English language arts and mathematics and reduce disruptive behaviors in the classroom. The office of the superintendent of public instruction shall publish the state menus by July 1, 2015, and update the state menus by each July 1st thereafter.
     (4)(a) Beginning in the 2016-17 school year, except as provided in (b) of this subsection, school districts must use a practice or strategy that is on a state menu developed under subsection (3) of this section or RCW 28A.655.235.
     (b) Beginning in the 2016-17 school year, school districts may use a 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 shall 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 increased improved outcomes for participating students.
     (c) Beginning in the 2016-17 school year, school districts may enter cooperative agreements with state agencies, local governments, or school districts for administrative or operational costs needed to provide services in accordance with the state menus developed under this section and RCW 28A.655.235.
     (5) School districts are encouraged to implement best practices and strategies from the state menus developed under this section and RCW 28A.655.235 before the use is required.
     (6)(a) School districts may annually apply to the office of the superintendent of public instruction to use up to five percent of their learning assistance program allocation in schools whose enrollment of students eligible for free and reduced-price meals or English language learner students is higher than the statewide average in order to develop and deliver instructional programs specifically designed to prevent summer learning loss by participating students.
     (b) The school district must describe the specific program or strategy to be used to prevent summer learning loss; specify the school and target population of participating students; specify the amount of the learning assistance program allocation to be expended for this purpose; identify expected outcomes from the intervention; and report student outcomes as required under RCW 28A.165.100 for the summer learning loss programs separately from other interventions under the learning assistance program.

Sec. 6   RCW 28A.150.220 and 2013 2nd sp.s. c 9 s 2 are each amended to read as follows:
     (1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts.
     (2) Each school district shall make available to students the following minimum instructional offering each school year:
     (a) For students enrolled in grades one through twelve, at least a district-wide annual average of one thousand hours, which shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six ((according to an implementation schedule adopted by the legislature, but not before)) beginning in the 2014-15 school year; and
     (b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.
     (3) The instructional program of basic education provided by each school district shall include:
     (a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
     (b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, ((subject to a phased-in implementation of the twenty-four credits as established by the legislature)) beginning with the graduating class of 2019. Course distribution requirements may be established by the state board of education under RCW 28A.230.090;
     (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;
     (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;
     (e) Supplemental instruction and services for eligible and enrolled students and exited students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;
     (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and
     (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.
     (4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
     (5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315. However, schools administering the Washington kindergarten inventory of developing skills may use up to three school days at the beginning of the school year to meet with parents and families as required in the parent involvement component of the inventory. In addition, effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full-time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
     (6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.
     (7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.

Sec. 7   RCW 28A.230.090 and 2011 c 203 s 2 are each amended to read as follows:
     (1) The state board of education shall establish high school graduation requirements or equivalencies for students, except as provided in RCW 28A.230.122 and except those equivalencies established by local high schools or school districts under RCW 28A.230.097. The purpose of a high school diploma is to declare that a student is ready for success in postsecondary education, gainful employment, and citizenship, and is equipped with the skills to be a lifelong learner.
     (a) Any course in Washington state history and government used to fulfill high school graduation requirements shall consider including information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.
     (b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation.
     (c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.
     (2)(a) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.
     (b) The state board shall reevaluate the graduation requirements for students enrolled in vocationally intensive and rigorous career and technical education programs, particularly those programs that lead to a certificate or credential that is state or nationally recognized. The purpose of the evaluation is to ensure that students enrolled in these programs have sufficient opportunity to earn a certificate of academic achievement, complete the program and earn the program's certificate or credential, and complete other state and local graduation requirements.
     (c) The state board shall forward any proposed changes to the high school graduation requirements to the education committees of the legislature for review and to the quality education council established under RCW 28A.290.010. The legislature shall have the opportunity to act during a regular legislative session before the changes are adopted through administrative rule by the state board. Changes that have a fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public instruction, shall take effect only if formally authorized and funded by the legislature through the omnibus appropriations act or other enacted legislation.
     (d) The state board of education shall adopt rules to implement the career and college ready graduation requirement proposal adopted under board resolution on November 10, 2010, and revised on January 9, 2014, to take effect beginning with the graduating class of 2019. The funding allocated under chapter 4, Laws of 2013 2nd sp. sess. to support the instructional program of basic education constitutes the funding by the legislature required under (c) of this subsection.
     (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.
     (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:
     (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or
     (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.
     (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.
     (6) At the college or university level, five quarter or three semester hours equals one high school credit.