BILL REQ. #:  S-1193.1 

READ FIRST TIME 02/07/13.   

     AN ACT Relating to establishing accountability for student performance in reading; amending RCW 43.215.410; adding a new section to chapter 28A.415 RCW; adding a new section to chapter 28A.320 RCW; adding new sections to chapter 28A.655 RCW; 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 research consistently shows that state investments in high-quality early learning programs have a powerful positive impact on young learners. Studies have confirmed that participation in high-quality early learning programs improves early language and literacy skills, especially for children who are considered to be at-risk. The legislature intends to increase access for young learners to the high quality early childhood education and assistance program by increasing funding to allow more children to participate.
     (2) The legislature also finds that significant state investments have been and will be made to support a continuum of learning from prekindergarten through third grade, including through early learning programs, statewide implementation of full-day kindergarten, and reduced class sizes in grades kindergarten through three. These investments reflect the importance of providing young children with the best possible opportunities to develop foundational knowledge and skills, particularly in the critical area of English language arts. The investments also reflect the legislature's recognition that early intervention represents the best hope of eliminating the educational opportunity gap among groups of students.
     (3) The legislature also finds that such investments and the state's commitment to prekindergarten through third grade learning warrant an accountability mechanism to ensure positive student outcomes. School districts should be required to provide intensive remediation if student performance in English language arts continues to fall below grade level after completion of third grade. Furthermore, statewide implementation of aligned curriculum, instruction, and assessments associated with the common core state standards provides a timely opportunity to initiate this accountability mechanism.

Sec. 2   RCW 43.215.410 and 2006 c 265 s 211 are each amended to read as follows:
     (1) The department shall administer a state-supported early childhood education and assistance program to assist eligible children with educational, social, health, nutritional, and cultural development to enhance their opportunity for success in the common school system. Eligible children shall be admitted to approved early childhood programs to the extent that the legislature provides funds, and additional eligible children may be admitted to the extent that grants and contributions from community sources provide sufficient funds for a program equivalent to that supported by state funds.
     (2) The department of early learning shall expand the early childhood education and assistance program to serve more children in the 2013-2015 fiscal biennium, subject to funds being appropriated for this purpose.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.415 RCW to read as follows:
     (1) High-quality professional development strategies are essential to school and student success. Educators must keep abreast of the important advances that are occurring in education through professional development. Professional development is especially important in the instruction of young readers since reading proficiency is a crucial element for student academic success.
     (2) Subject to appropriations made for this purpose, targeted, research-based professional development programs are authorized to further the development of outstanding reading teaching and learning opportunities. The office of the superintendent of public instruction shall create partnerships with the educational service districts or public or private institutions of higher education with approved educator preparation programs to develop and deliver professional development learning opportunities in reading instruction for K-3 teachers.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.320 RCW to read as follows:
     (1) Each school district shall require that each report card of every student in kindergarten through fourth grade include information regarding how a student is progressing on acquiring reading skills and whether a student is at grade level in reading. If a student is not at or above grade level, the teacher must explain to the parent or guardian what interventions and strategies will be used to help the student improve the student's reading skills.
     (2) Each school shall report to the school district the number of students in grades kindergarten through three that are reading below grade level and the interventions that are being provided to improve the reading skills of the students. The school district shall aggregate the reports from the schools and provide the reports to the office of the superintendent of public instruction. The information provided to the superintendent of public instruction shall be disaggregated by subgroups of students.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section and sections 7 and 8 of this act 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)(a) Beginning in the 2015-16 school year, a student who receives a score of below basic on the third grade statewide student assessment in English language arts shall automatically be enrolled in an intensive summer school program provided by the school district to improve the reading skills of the students. A parent or guardian may choose to not have his or her child attend and opt out of the intensive summer school program.
     (b) At the end of the summer school program the school district shall administer a retake of the statewide third grade English language arts assessment.
     (c) If the student does not meet the state standard on the assessment administered at the end of the summer school program, the district must provide remediation in grade four as required under section 8 of this act.
     (3) If a student does not have a score in English language arts on the third grade statewide student assessment but the district determines, using district or classroom-based diagnostic assessments or another standardized assessment, that the student's performance is equivalent to basic or below basic in English language arts, the policy in subsection (2) of this section applies.
     (4) A school district must provide written notification to the parent or guardian of a student who did not meet the state standard on the third grade statewide student assessment in English language arts. The notification must outline the requirements of this section and sections 6 through 8 of this act and provide information about the remediation that will be provided by the school district.

NEW SECTION.  Sec. 6   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) Beginning in the 2016-17 school year, a student who receives a score of below basic on the fourth grade statewide student assessment in English language arts and has participated in the intensive summer school program and the remediation provided in accordance with section 5 of this act may not be promoted to fifth grade unless the student meets one of the good cause exemptions under section 7 of this act.
     (2) Beginning in the 2016-17 school year, a school district must provide remediation as required under section 8 of this act for any student who did not meet the state standard on the fourth grade statewide student assessment in English language arts in the previous school year.

NEW SECTION.  Sec. 7   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) A school district may exempt the following students from the performance standard for promotion to fourth grade required under section 5 of this act:
     (a) Students who participate in the statewide student assessment system through an alternate assessment designed for students with significant cognitive disabilities;
     (b) Students with disabilities whose individualized education program includes specially designed instruction in English language arts, and whose individualized education program team determines that retention in third grade is not an appropriate educational placement;
     (c) Students who are English language learners who have been enrolled in the transitional bilingual instructional program under chapter 28A.180 RCW for two or fewer years; and
     (d) Students who have previously been retained in the same grade and who have received supplemental instruction and remediation for at least two years.
     (2) School districts must adopt a policy for the mid-year promotion to fourth grade of a student who is retained in third grade under section 5 of this act if the district determines the student is demonstrating sufficient progress to be likely to achieve at least a score of basic on the fourth grade statewide student assessment in English language arts.

NEW SECTION.  Sec. 8   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) Beginning in the 2016-17 school year, a school district must provide the following remediation for any student who did not meet the state standard on the third grade statewide assessment in English language arts in the previous school year, in accordance with section 5 of this act; and any student who did not meet the state standard on the fourth grade statewide assessment in English language arts in the previous school year, in accordance with section 6 of this act:
     (a) A minimum of ninety minutes of daily, research-based instruction in English language arts;
     (b) Small group instruction or reduced teacher-to-student ratios;
     (c) Supplemental tutoring; and
     (d) Use of diagnostic assessments to identify specific skills where the student needs assistance and other formative assessments to monitor student progress during the school year.
     (2) In addition to the remediation required under subsection (1) of this section, a school district must provide supplemental learning opportunities through an extended school day or school year or through a summer school program for any student who is retained in third grade under section 5 of this act and for any student who was eligible to be retained but was promoted to fourth grade as a result of an exemption under section 7 of this act. School districts are encouraged but not required to provide such supplemental learning opportunities for other students who did not meet the state standard on the third or fourth grade statewide assessment in English language arts.
     (3) To implement the remediation required under this section, school districts may use state funds provided for basic education through general apportionment or the learning assistance program, state and federal funds for the transitional bilingual instructional program for students eligible for and enrolled in the program, state and federal funds for special education for students with disabilities, federal funds from Title I of the elementary and secondary education act, or any other state, federal, local, or private funds available generally or specifically to support student learning in English language arts.