BILL REQ. #:  S-4355.1 

READ FIRST TIME 02/07/14.   

     AN ACT Relating to fostering expanded learning opportunities; amending RCW 28A.150.392; adding new sections to chapter 28A.630 RCW; adding a new chapter to Title 28A RCW; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that studies have documented that many students experience learning losses when they do not engage in educational activities during the summer. The legislature further finds that research shows that summer learning loss contributes to the educational opportunity gaps between students in Washington's schools and that falling behind in academics can be a predictor of whether a student will drop out of school. The legislature recognizes that such academic regression has a disproportionate impact on low-income students. The legislature acknowledges that access to quality expanded learning opportunities during the school year and summer helps mitigate summer learning loss and improves academic performance, attendance, on-time grade advancement, and classroom behaviors.
     (2) The legislature intends to increase expanded learning opportunities by authorizing a pilot program to combat summer learning loss and provide an opportunity to evaluate the effectiveness of an extended school year to improve student achievement, close the educational opportunity gap, and provide successful models for other districts to follow. The legislature further intends to build capacity, identify best practices, leverage local resources, and promote a sustainable expanded learning opportunities system for students in early elementary through secondary schools by providing an ongoing work group and infrastructure that helps coordinate expanded learning opportunity efforts throughout the state.

NEW SECTION.  Sec. 101   As used in this chapter, "expanded learning opportunities" means:
     (1) Culturally responsive enrichment and learning activities, which may focus on academic and nonacademic areas; arts; civic engagement; service-learning and science; technology, engineering, and mathematics; and competencies for college and career readiness;
     (2) School-based programs that provide extended learning and enriching experiences for students beyond the traditional school day, week, or calendar; and
     (3) Structured, intentional, and creative learning environments outside the traditional school day that build partnerships with schools, align in-school and out-of-school learning, and create enriching experiences for youth using activities that complement classroom-based instruction. The opportunities may be provided before or after school, during the summer, or as extended day, week, or year programs.

NEW SECTION.  Sec. 102   (1) The expanded learning opportunities council is established to advise the governor, state legislature, and the superintendent of public instruction regarding an expanded learning opportunities system, with particular attention paid to solutions to summer learning loss.
     (2) The council shall also provide a vision, guidance, assistance, and advice related to potential improvement and expansion of summer learning opportunities, school year calendar modifications that will help reduce summer learning loss, and an expanded learning opportunities system, as well as other current or proposed programs and initiatives across the spectrum of early elementary through secondary education so that the needs and demands for a statewide coordinated system of expanded learning opportunities are identified and an expanded learning opportunities system is developed.
     (3) The council shall identify fiscal, resource, and partnership opportunities, coordinate policy development, set quality standards, and develop a comprehensive expanded learning opportunities action plan designed to implement expanded learning opportunities, address summer learning loss, provide academic supports, build strong school-community-based organization partnerships, and track performance of expanded learning opportunities in closing the opportunity gap, so that students receive maximum and direct benefit.
     (4) The council shall serve as an advisor and resource for the office of the superintendent of public instruction regarding the summer knowledge improvement pilot program in sections 201 through 205, 207, and 208 of this act and any other relevant state grant programs.
     (5) When making recommendations regarding best practices, the council shall consider the best practices on the state menus developed in accordance with RCW 28A.165.035 and 28A.655.235.
     (6) The governor's office, in consultation with the superintendent of public instruction, shall convene the expanded learning opportunities council. The members of the council must have experience in expanded learning opportunities, and include groups and agencies representing diverse student interests and geographical locations across the state. Up to fifteen participants, agencies, organizations, or individuals may be invited to participate in the expanded learning opportunities council but the membership shall include the following:
     (a) Two representatives from nonprofit community-based organizations;
     (b) One representative from regional work force development councils;
     (c) One representative from each of the following organizations or agencies:
     (i) The Washington state school directors' association;
     (ii) The state-level association of school administrators;
     (iii) The state-level association of school principals;
     (iv) The state board of education;
     (v) The statewide association representing certificated classroom teachers and educational staff associates;
     (vi) The office of the superintendent of public instruction;
     (vii) The state-level parent–teacher association; and
     (viii) Higher education.
     (7) Staff support for the expanded learning opportunity council shall be provided by the governor's office and the office of financial management with support from the office of the superintendent of public instruction and other state agencies as necessary. Appointees of the council shall be selected by May 30, 2014. The council shall hold its first meeting before August 1, 2014. At the first meeting, the council shall determine regularly scheduled meeting times and locations. The council shall provide a report to the governor and the legislature by December 1, 2014, and by December 1st annually thereafter.

NEW SECTION.  Sec. 201   DEFINITIONS. The definitions in this section apply throughout this section and sections 202 through 205, 207, and 208 of this act unless the context clearly requires otherwise.
     (1) "Eligible school" means any school that provides instruction to students in at least the grades kindergarten through five where at least seventy-five percent of the enrolled students qualify for the free and reduced-price lunch program.
     (2) "Institute" means the Washington state institute for public policy.

NEW SECTION.  Sec. 202   PILOT PROGRAM CREATED. (1) The summer knowledge improvement pilot program is created to provide state funding for an additional twenty school days for three consecutive school years for students at an approved school to receive academic instruction outside of the school year established for other schools in the school district.
     (2) The purpose of the pilot program is to implement an extended school year to combat summer learning loss and provide an opportunity to evaluate the effectiveness of an extended school year to improve student achievement, close the educational opportunity gap, and provide successful models for other districts to follow.

NEW SECTION.  Sec. 203   PLAN PROCESS AND COMPONENTS. (1) Any school district in the state with an eligible school may submit a plan to the office of the superintendent of public instruction by December 1, 2014, to participate in the summer knowledge improvement pilot program. A plan may address one or more eligible schools.
     (2) The school district board of directors must solicit input on the design of the plan from staff at the school, parents, and the community, including at an open public meeting. The final plan must be adopted by the school district board of directors at a subsequent open public meeting before submitting the plan to the office of the superintendent of public instruction.
     (3) A plan must include, but is not limited to, the following components:
     (a) Proposed best practices and evidence-based strategies, curriculum, and materials for improving student achievement and closing the educational opportunity gap to be implemented over the extra twenty days for all the students enrolled in the school. The best practices and evidence-based strategies, curriculum, and materials must be comparable or higher in academic rigor as is used during the regular school year;
     (b) When the additional twenty days will be provided outside of the school year established for other schools in the school district;
     (c) Identification of the measures that the school district will use in assessing student achievement at the school;
     (d) Evidence that at least seventy percent of the certificated and classified school staff who work in the building at least two days per week, and the principal of the school, agree to the plan;
     (e) Whether the school will collaborate with community-based programs to provide support for students during the additional twenty days and for the rest of the summer, and if so, then provide the details; and
     (f) An agreement to work with and provide information to the evaluator of the pilot program identified under section 207 of this act.

NEW SECTION.  Sec. 204   SELECTION OF SCHOOL DISTRICTS AND SCHOOLS. (1) The office of the superintendent of public instruction must: Review the plans submitted in accordance with section 203 of this act, select up to ten schools for participation in the pilot program, and notify the school districts no later than February 1, 2015, as to whether the district will or will not be part of the pilot program. To the extent practicable, the selected school districts shall be from diverse geographic regions of the state and include different sizes of school districts and schools.
     (2) The selection criteria used must include, but are not limited to, the following determinations:
     (a) All of the required plan components are completed;
     (b) The likelihood of the proposed best practices and evidence-based strategies, curriculum, and materials improving student achievement and closing the educational opportunity gap; and
     (c) Any additional criteria that the office of the superintendent of public instruction deems to be necessary to ensure high quality plans are approved.

NEW SECTION.  Sec. 205   FUNDING. (1) Subject to funds being appropriated in the 2015-2017 omnibus appropriations act for the specific purpose of the grants in this section, state funding for each school in the pilot program shall be equal to twenty days of the average daily per student amount of all the basic education and nonbasic education funding provided by the state to the school for the regular one hundred eighty-day school year, including transportation.
     (2) Nonstate-provided funds may also be used to support the pilot program.

Sec. 206   RCW 28A.150.392 and 2009 c 548 s 109 are each amended to read as follows:
     (1) To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided through the special education funding formula under RCW 28A.150.390, including for the summer knowledge improvement pilot program created in section 202 of this act. If the federal safety net awards based on the federal eligibility threshold exceed the federal appropriation in any fiscal year, then the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:
     (a) The committee shall consider additional funds for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards. In the determination of need, the committee shall require that districts demonstrate that they are maximizing their eligibility for all state revenues related to services for special education-eligible students and all federal revenues from federal impact aid, medicaid, and the individuals with disabilities education act-Part B and appropriate special projects. Awards associated with (b) and (c) of this subsection shall not exceed the total of a district's specific determination of need.
     (b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
     (c) Using criteria developed by the committee, the committee shall then consider extraordinary costs associated with communities that draw a larger number of families with children in need of special education services, which may include consideration of proximity to group homes, military bases, and regional hospitals. Safety net awards under this subsection (1)(c) shall be adjusted to reflect amounts awarded under (b) of this subsection.
     (d) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.
     (e) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent of public instruction in accordance with chapter 318, Laws of 1999.
     (f) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.
     (2) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Before revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature. In adopting and revising the rules, the superintendent shall ensure the application process to access safety net funding is streamlined, timelines for submission are not in conflict, feedback to school districts is timely and provides sufficient information to allow school districts to understand how to correct any deficiencies in a safety net application, and that there is consistency between awards approved by school district and by application period. The office of the superintendent of public instruction shall also provide technical assistance to school districts in preparing and submitting special education safety net applications.
     (3) On an annual basis, the superintendent shall survey districts regarding their satisfaction with the safety net process and consider feedback from districts to improve the safety net process. Each year by December 1st, the superintendent shall prepare and submit a report to the office of financial management and the appropriate policy and fiscal committees of the legislature that summarizes the survey results and those changes made to the safety net process as a result of the school district feedback.
     (4) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:
     (a) One staff member from the office of the superintendent of public instruction;
     (b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and     
     (c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.

NEW SECTION.  Sec. 207   PLAN IMPLEMENTATION. School districts that have summer knowledge improvement pilot program plans approved by the office of the superintendent of public instruction under section 204 of this act shall begin implementation of the three-year pilot program starting with the 2015-16 school year.

NEW SECTION.  Sec. 208   PROGRAM EVALUATION. (1) The institute shall conduct an evaluation of the summer knowledge improvement pilot program created under section 202 of this act, including an examination of:
     (a) Student academic progress as measured by the statewide administered student assessments, if administered in the school, and other student achievement measures, compared to the student achievement in the school before participating in the pilot program and compared to similar students and schools in school districts not participating in the program;
     (b) Other student learning and benefits identified through random surveys or interviews with teachers and parents;
     (c) The effectiveness over the entire school year in which the pilot program takes place in combating summer learning loss, improving student achievement, and closing the educational opportunity gap; and
     (d) Whether twenty additional days is the optimal number of additional days necessary to improve student outcomes or whether the number of days should be increased or decreased to better improve student outcomes.
     (2) The institute shall submit interim reports to the governor and the appropriate committees of the legislature by December 1, 2016, and December 1, 2017.
     (3) Based on the effectiveness of the summer knowledge improvement pilot program and a review of other programs or states that have implemented extended school year programs, the institute shall recommend whether the pilot program should be modified, continued, or expanded to include other schools, including other elementary, middle, and high schools. The institute shall submit the recommendations and the final report on the pilot program to the governor and the appropriate committees of the legislature by December 1, 2018.

NEW SECTION.  Sec. 301   Sections 1, 101, and 102 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION.  Sec. 302   Sections 201 through 205, 207, and 208 of this act are each added to chapter 28A.630 RCW.

NEW SECTION.  Sec. 303   Sections 201 through 208 of this act expire September 1, 2019.

NEW SECTION.  Sec. 304   Sections 1, 101, and 102 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately.