S-1672.2

SUBSTITUTE SENATE BILL 5343

State of Washington
66th Legislature
2019 Regular Session
BySenate Early Learning & K-12 Education (originally sponsored by Senators Mullet, Rivers, Palumbo, Hobbs, Salomon, and Wilson, C.)
READ FIRST TIME 02/22/19.
AN ACT Relating to facilitating high school success; amending RCW 28A.320.195, 28A.165.035, 28A.175.074, and 28A.230.090; adding a new section to chapter 28A.320 RCW; and adding a new section to chapter 28A.175 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
ACADEMIC ACCELERATION POLICY
Sec. 101. RCW 28A.320.195 and 2013 c 184 s 2 are each amended to read as follows:
(1) By the 2021-22 school year, each school district board of directors ((is encouraged to))shall adopt an academic acceleration policy for high school students as provided under this section.
(2) Under an academic acceleration policy:
(a) The district shall automatically enroll((s)) any student who meets or exceeds the state standard on the eighth grade or high school English language arts or mathematics statewide student assessment in the next most rigorous level of advanced courses or program offered by the high school((. Students who successfully complete such an advanced course are then enrolled in the next most rigorous level of advanced course, with the objective that students will eventually be automatically enrolled in courses that offer the opportunity to earn dual credit for high school and college))that aligns with the student's high school and beyond plan goals.
(b) Each school district may include additional eligibility criteria for students to participate in the academic acceleration policy so long as the district criteria does not create inequities among student groups in the advanced course or program.
(3)(a) The subject matter of the advanced courses or program in which ((the))a student is automatically enrolled depends on the content area or areas of the ((statewide student)) assessments where the student has met or exceeded the state standard under subsection (2) of this section. ((Students who meet the state standard on both end-of-course mathematics assessments are considered to have met the state standard for high school mathematics.))
(b) Students who meet or exceed the state standard ((in both reading and writing))on the English language arts statewide student assessment are eligible for enrollment in advanced courses in English, social studies, humanities, and other related subjects.
(c) Students who meet or exceed the state standard on the mathematics statewide student assessment are eligible for enrollment in advanced courses in mathematics.
(d) Beginning in the 2021-22 school year, students who meet or exceed the state standard on the Washington comprehensive assessment of science are eligible for enrollment in advanced courses in science.
(4)(a) Students who successfully complete an advanced course in accordance with subsection (3) of this section are then enrolled in the next most rigorous level of advanced course that aligns with the student's high school and beyond plan.
(b) Students who successfully complete the advanced course in accordance with this subsection are then enrolled in the next most rigorous level of advanced course with the objective that students will eventually be automatically enrolled in courses that offer the opportunity to earn dual credit for high school and college.
(5) The district must notify students and parents or guardians regarding the academic acceleration policy and the advanced courses or programs available to students, including dual credit courses or programs.
(((d)))(6) The district must provide a parent or guardian of a high school student with an opportunity to opt the student out of the academic acceleration policy and enroll ((a))the student in an alternative course or program that aligns with the student's high school and beyond plan goals.
NEW SECTION.  Sec. 102. A new section is added to chapter 28A.320 RCW to read as follows:
(1) Notwithstanding the dual credit requirements established in RCW 28A.320.195, 28A.320.196, 28A.600.290, and 28B.15.821, each school district shall enroll any student in a dual credit course or program who wants to enroll in a dual credit course or program.
(2) For the purposes of this section, "a dual credit course or program" means a course or program administered by either an institution of higher education or a high school, through which a high school student who has not yet received the credits required for a high school diploma, enrolls in a course or program to simultaneously earn high school and college credit.
(3) In addition to the state funding provided under RCW 28A.320.196 and 28A.600.310 through 28A.600.400, the state must allocate funding to the superintendent of public instruction to provide for the registration and exam fees for exam-based dual credit courses for each student who is enrolled in a dual credit course or program and is eligible for free or reduced-price meals.
PART II
DROPOUT PREVENTION PROGRAMS
Sec. 201. RCW 28A.165.035 and 2018 c 75 s 7 are each amended to read as follows:
(1) 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 school board must approve in an open meeting any community-based organization or local agency before learning assistance funds may be expended.
(2) 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.
(3)(a) Beginning in the 2016-17 school year, except as provided in (b) or (c) of this subsection, school districts must use a practice or strategy that is on a state menu developed under subsection (2) 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 (2) 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.))School districts may expend a portion of the district's learning assistance program allocation on interventions for students identified as at risk of not graduating using the dropout early warning and intervention data system as defined in RCW 28A.175.074 that includes the data specified in section 203 of this act.
(4) ((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.
)) School districts may use learning assistance program allocations to meet the screening and intervention requirements of RCW 28A.320.260, even if the student being screened or provided with supports is not eligible to participate in the learning assistance program. The learning assistance program allocations may also be used for school district staff trainings necessary to implement the provisions of RCW 28A.320.260.
Sec. 202. RCW 28A.175.074 and 2010 c 243 s 2 are each amended to read as follows:
The definitions in this section apply throughout ((section 3, chapter 243, Laws of 2010 and)) RCW 28A.165.035, 28A.175.075, and section 203 of this act unless the context clearly requires otherwise.
(1) "Critical community members" means representatives in the local community from among the following agencies and organizations: Student/parent organizations, parents and families, local government, law enforcement, juvenile corrections, any tribal organization in the local school district, the local health district, nonprofit and social service organizations serving youth, and faith organizations.
(2) "Dropout early warning and intervention data system" means a student information system that:
(a) Provides the data needed to conduct a universal screening to identify students at risk of ((dropping out,))not graduating;
(b) Tracks, at a minimum, real time data on attendance, behavior, and course performance, such as grade point average, course grades, and missing assignments;
(c) Includes user-friendly data displays designed to make it easy for teachers and other school staff to enter data, collaborate, and identify and track students who are at risk of not graduating;
(d) Requires the teacher of record to enter grades on a regular and timely basis so that students, families, teachers, and administrators can access up to date information on student progress in courses;
(e) Catalogs student interventions((, and));
(f) Monitors student progress towards graduation; and
(g) Transfers relevant student data between schools as students move to the next grade level or transfer schools.
(3) "K-12 dropout prevention, intervention, and reengagement system" means a system that provides all of the following functions and utilizes a dropout early warning and intervention data system in supporting these functions:
(a) Engaging in school improvement planning specifically focused on improving high school graduation rates, including goal-setting and action planning, based on a comprehensive assessment of strengths and challenges and prioritizing school-wide foundational preventions and interventions;
(b) Providing prevention activities including, but not limited to, emotionally and physically safe school environments, implementation of a comprehensive guidance and counseling model facilitated by certified school counselors, core academic instruction, ((and)) career and technical education exploratory and preparatory programs, grade-level transition and seminar courses, and courses teaching basic life skills and building blocks for academic success, such as time management, study habits, note taking, personal organization, and effective communication;
(c) Identifying vulnerable students at risk of not graduating based on a dropout early warning and intervention data system;
(d) Timely academic and nonacademic group and individual interventions for vulnerable students based on a multitiered response to intervention model, including planning and sharing of information at critical academic transitions;
(e) Establishing success teams of teachers, counselors, administrators, instructional support staff, and family involvement coordinators within a common grade level tasked with implementing a dropout early warning and intervention data system for their grade level;
(f) Assigning a team lead for a grade level's success team tasked with managing the team, facilitating team meetings, and driving continuous improvement;
(g) Providing time for success teams to collaborate twice a month to identify vulnerable students who are at risk of not graduating, assess individual student needs, plan supports, track progress, and make ongoing adjustments until a student is no longer at risk of not graduating;
(h) Assigning a specific staff member for each vulnerable student who is off track as the adult responsible for engaging with the student and the student's parents or guardians, ensuring supports are planned and implemented, and progress is monitored until a student is no longer at risk of not graduating;
(i) Providing graduation coaches, mentors, certified school counselors, and/or case managers for vulnerable students identified as needing a more intensive one-on-one adult relationship;
(((f)))(j) Establishing and providing staff to coordinate a school/family/community partnership that assists in building and implementing a K-12 dropout prevention, intervention, and reengagement system;
(((g)))(k) Providing rigorous credit retrieval or reentry activities including, but not limited to, summer school; ((and
))
(l) Ongoing professional development for teachers, administrators, and other school staff on best practices related to dropout early warning and intervention data systems and a multitiered response to intervention models and other dropout prevention, intervention, and reengagement practices, including coaching for success team leads and members; and
(m) Providing evidence-based strategies for improving school-wide and individual student attendance rates including, but not limited to, attendance coaches.
(4) "School/family/community partnership" means a partnership between a school or schools, families, and the community, that engages critical community members in a formal, structured partnership with local school districts in a coordinated effort to provide comprehensive support services and improve outcomes for vulnerable youth.
(5) "Vulnerable students" means students who are:
(a) In foster care((,));
(b) Involved in the juvenile justice system((,));
(c) Receiving special education services under chapter 28A.155 RCW((,))in accordance with an individualized education plan or 504 plan;
(d) Migrant students;
(e) Recent immigrants((,));
(f) English language learners;
(g) Homeless((,));
(h) Emotionally traumatized((, or are));
(i) Facing behavioral health issues((,)); and
(j) Students deemed at((-))risk of school failure as identified by a dropout early warning data system or other assessment.
NEW SECTION.  Sec. 203. A new section is added to chapter 28A.175 RCW to read as follows:
(1) By the 2021-22 school year, each school district must use a dropout early warning and intervention data system, as defined in RCW 28A.175.074, to identify students, beginning with students in grade five or earlier, who require additional supports or who are at risk of not graduating from high school. At a minimum, a school district's dropout early warning and intervention data system must measure attendance, behavior, and course performance. School districts may also use additional information to make the determination that a student is at risk of not graduating from high school or requires additional supports.
(2)(a) By the 2021-22 school year, each school district must have in place and be using a K-12 dropout prevention, intervention, and reengagement system, as defined in RCW 28A.175.074, for students in the first year of middle school and the first year of high school. School districts must implement these systems as soon as applicable in these grades, even if other system functions are still under development.
(b) Beginning in the 2021-22 school year and every two years thereafter, by September 1st, each school district must submit a report to the superintendent of public instruction that provides evidence of all the functions included in the definition of the K-12 dropout prevention, intervention, and reengagement system as defined in RCW 28A.175.074.
(3) School districts are encouraged to use the needs assessment from the Washington integrated student supports protocol, developed by the center for the improvement of student learning within the office of the superintendent of public instruction, in accordance with the protocol framework established in RCW 28A.300.139. School districts may use the protocol to:
(a) Evaluate school-wide needs and plan corresponding interventions, supports, and improvements;
(b) Assess individual needs of students identified under subsection (1) of this section; and
(c) Plan personalized supports for students.
(4) The superintendent of public instruction may develop rules and provide implementation guidelines and technical support for school districts to implement this section.
(5) School districts must annually report to the office of the superintendent of public instruction: The number of students identified as at risk through their dropout early warning and intervention data system; and the number of students who returned to being on track over the course of the school year. The office of the superintendent of public instruction must report this data on the school report card at the school level and disaggregated by the subgroups listed in RCW 28A.300.042.
(6) Subject to funds appropriated specifically for this purpose, the office of the superintendent of public instruction shall allocate funds to middle and high schools to support the professional development of success teams implementing a K-12 dropout prevention, intervention, and reengagement system, collaboration time for success teams, and coaching for success team leads.
(7) Subject to the availability of amounts appropriated for this specific purpose, the office of the superintendent of public instruction, in partnership with the educational service districts, shall design and administer a statewide implementation support system to support middle and high schools in meeting the requirements of this section. The support system must focus on building local capacities in data literacy, multitiered support systems, student attendance improvement strategies, and other identified needs through professional development, coaching, and other supports.
PART III
HIGH SCHOOL AND BEYOND PLANS
Sec. 301. RCW 28A.230.090 and 2018 c 229 s 1 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)(i) Each student must have a high school and beyond plan to guide the student's high school experience and ((prepare))inform course taking aligned with the student's goals for postsecondary education ((or)), career training ((and career)), or other pathways after graduation.
(ii) A high school and beyond plan must be initiated for each student during the seventh or eighth grade. In preparation for initiating that plan, each student must first be administered a career interest and skills inventory.
(iii) The high school and beyond plan must be updated to reflect high school assessment results in RCW 28A.655.070(3)(b) and to review transcripts, assess progress toward identified goals, and revised as necessary for changing interests, goals, and needs. The plan must identify available interventions and academic support, courses, or both, that are designed for students who have not met the high school graduation standard, to enable them to meet the standard. Each student's high school and beyond plan must also be updated to inform eleventh grade course taking. School districts must use the K-12 dropout prevention, intervention, and reengagement system as defined in RCW 28A.175.074 and as required under section 203 of this act, to inform updates to the high school and beyond plan for students in their first year of high school. School districts are encouraged to involve parents and guardians in the process of developing and updating the high school and beyond plan, and the plan must be provided to the students' parents or guardians in their native language if that language is one of the two most frequently spoken non-English languages of students in the district. Nothing in this subsection (1)(c)(iii) prevents districts from providing high school and beyond plans to parents and guardians in additional languages that are not required by this subsection.
(iv) All high school and beyond plans must, at a minimum, include the following elements:
(A) Identification of career goals, aided by a skills and interest assessment;
(B) Identification of educational goals;
(C) Identification of dual credit programs and the opportunities they create for students, including ((but not limited to))eligibility for automatic enrollment in advanced classes under RCW 28A.320.195, career and technical education programs, running start programs, and college in the high school programs;
(D) Information about the college bound scholarship program established in chapter 28B.118 RCW;
(E) A four-year plan for course taking that:
(I) Includes information about options for satisfying state and local graduation requirements;
(II) Satisfies state and local graduation requirements;
(III) Aligns with the student's secondary and postsecondary goals;
(IV) Identifies course sequences to inform academic acceleration options as described in RCW 28A.320.195, including dual credit courses or programs ((and the opportunities they create for students))that are aligned with the student's high school and beyond plan goals; and
(V) Includes information about the college bound scholarship program; and
(F) By the end of the twelfth grade, a current resume or activity log that provides a written compilation of the student's education, any work experience, and any community service and how the school district has recognized the community service pursuant to RCW 28A.320.193.
(d) 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. Effective with the graduating class of 2015, the state board of education may not establish a requirement for students to complete a culminating project for graduation. A district may establish additional, local requirements for a high school and beyond plan to serve the needs and interests of its students and the purposes of this section.
(e)(i) 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 or as otherwise provided in this subsection (1)(e). The rules must include authorization for a school district to waive up to two credits for individual students based on unusual circumstances and in accordance with written policies that must be adopted by each board of directors of a school district that grants diplomas. The rules must also provide that the content of the third credit of mathematics and the content of the third credit of science may be chosen by the student based on the student's interests and high school and beyond plan with agreement of the student's parent or guardian or agreement of the school counselor or principal.
(ii) School districts may apply to the state board of education for a waiver to implement the career and college ready graduation requirement proposal beginning with the graduating class of 2020 or 2021 instead of the graduating class of 2019. In the application, a school district must describe why the waiver is being requested, the specific impediments preventing timely implementation, and efforts that will be taken to achieve implementation with the graduating class proposed under the waiver. The state board of education shall grant a waiver under this subsection (1)(e) to an applying school district at the next subsequent meeting of the board after receiving an application.
(iii) A school district must update the high school and beyond plans for each student who has not earned a score of level 3 or level 4 on the middle school mathematics assessment identified in RCW 28A.655.070 by ninth grade, to ensure that the student takes a mathematics course in both ninth and tenth grades. This course may include career and technical education equivalencies in mathematics adopted pursuant to RCW 28A.230.097.
(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. 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.
(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.
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