H-3689

AN ACT Relating to the fair start program; adding new sections to chapter 28A.600 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. (1) A student's ability to learn can be adversely impacted by a number of factors, including but not limited to: Lack of parent involvement and support; child abuse and neglect; poverty, including parental unemployment or underemployment; family transiency and homelessness; drug and alcohol abuse; poor health and nutrition; crime; and negative peer influence. Such factors can be manifested in behavior such as underachievement and failure, absenteeism and truancy, drug and alcohol abuse, delinquency, suicide, disruption of the classroom learning environment, dropping out, teen pregnancy, and, later in life, unemployment, a need for public assistance, treatment or institutionalization for mental health reasons, involvement with the judicial system, and possible imprisonment for criminal convictions.

(2) The legislature finds that:

(a) Prevention and intervention services at the elementary school level can offer early identification, support, and follow-up of each child's special interests, creative talents, and particular abilities as well as identification of and cooperative assistance with learning, emotional, environmental, social, or physical obstacles to normal child growth and development; and

(b) Counseling and related prevention and intervention services at the elementary school level can contribute to enhancement of the classroom environment for students and teachers, and better enable students to realize their academic and personal potential.

(3) The legislature finds that early intervention and prevention services should be provided to the extent possible by community-based public or private human service agencies.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 9 of this act.

(1) "Early grades," "elementary grades," and "elementary level" mean kindergarten through grade six and may include preschool age children served by the school district.

(2) "Elementary grades prevention and intervention program" means a program of early detection, prevention, and intervention of learning, emotional, environmental, social, or physical problems of elementary students.

(3) "Superintendent" means the superintendent of public instruction.

(4) "Community-based service provider network" means a formal or informal organization of locally based service providers, currently existing or created to fulfill the purposes of sections 3 through 9 of this act, including but not limited to social service providers, health services providers, mental health services providers, juvenile justice representatives, employment service providers, and educators.

NEW SECTION. Sec. 3. (1) From funds appropriated by the legislature, the superintendent shall establish the fair start program to assist school districts in providing prevention and intervention programs for elementary grade students. The fair start program shall not become a part of the state's basic program of education obligation as set forth under Article IX of the state Constitution.

(2) The superintendent shall distribute funds equitably to all school districts based on the districts' enrollment in grades kindergarten through six. Fair start funds shall not be used to replace funding for activities existing on the effective date of this section. However, any district providing elementary students with prevention and intervention services on the effective date of this section that loses the source of funding for those services for reasons beyond the control of the district, may use fair start funds to continue or enhance the level of prevention and intervention services.

(3) School districts accepting fair start funds shall submit within six months of receipt of the funds the following information to the superintendent:

(a) District goals relating to prevention and intervention services for elementary students and the district's plan, based on the goals, for providing prevention and intervention services to students. The goals and plan shall be developed with the participation of, but not limited to, district and building-level staff and administrators, and a community-based service providers network;

(b) Procedures for notifying parents or guardians regarding the referral of students for prevention and intervention services and liability issues relating to providing prevention and intervention services to students outside school buildings;

(c) Use of grant funds for prevention and intervention related inservice purposes, including, as necessary and appropriate, multicultural inservice training for school-based fair start service providers;

(d) Other information as requested by the superintendent.

(4) Two or more school districts may submit a joint application for the purpose of establishing or enhancing a cooperative prevention and intervention program for elementary grades students. An educational service district may submit an application on behalf of one or more school districts for the purpose of establishing or enhancing an elementary grades prevention and intervention program.

NEW SECTION. Sec. 4. School districts and educational service districts accepting fair start funds shall enter into written interagency agreements with community-based public or private human service providers to assure delivery of appropriate services to students. To the greatest extent possible, the delivery of services to students shall not be duplicative of other programs, shall maximize the use of community-based service providers, shall emphasize the most efficient and cost-effective use of fair start funds, and shall be provided on a twelve-month basis. School districts and educational service districts are strongly encouraged to contract with public or private community-based human service providers to provide elementary students with prevention and intervention services under the local fair start program.

NEW SECTION. Sec. 5. Nothing under sections 2 through 9 of this act precludes a district from incorporating a primary intervention program model or a family support worker model as part of the district's fair start program.

NEW SECTION. Sec. 6. The superintendent shall develop specific measures to evaluate the success of the grant projects and the fair start program. The department of social and health services shall provide the superintendent with information the superintendent may use in developing measures to evaluate the fair start program and projects.

NEW SECTION. Sec. 7. (1) The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW to implement sections 3 through 8 of this act. The rules shall permit school districts to provide prevention and intervention services through the local educational service district. The rules shall provide for appropriate coordination between the superintendent and the department of social and health services regarding the primary intervention program and the fair start program.

(2) The secretary of social and health services shall adopt rules as necessary under chapter 34.05 RCW to provide for appropriate coordination between the secretary and the superintendent regarding the fair start program and the primary intervention program.

(3) The department of social and health services shall, to the extent practical, assist with the development of school district elementary grades prevention and intervention programs by rotating or loaning department employees to schools to serve as child intervention specialists.

NEW SECTION. Sec. 8. (1) School districts and educational service districts shall submit biennially to the superintendent a report on their fair start programs.

(2) The superintendent shall submit biennially a report to the governor and the legislature on the fair start program established under section 3 of this act. The first report shall be submitted not later than December 1, 1993. The first report shall include information on districts' criteria establishing students' needs to receive prevention and intervention services on a priority basis. The report shall also include information on school district efforts to maximize the use of community-based service providers and to provide services on a twelve-month basis. Subsequent reports shall be submitted not later than December 1st in even-numbered years.

NEW SECTION. Sec. 9. Upon request, the superintendent shall provide information to districts regarding how other districts have used fair start funds locally or how other districts have established formal agreements for coordinated case management under section 4 of this act.

NEW SECTION. Sec. 10. Sections 2 through 9 of this act are each added to chapter 28A.600 RCW.