AN ACT Relating to education programs; 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 peer influence.

(2) The legislature finds that:

(a) Prevention and intervention services at the elementary school level can offer early identification, encouragement, 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) The provision of 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.

(c) The legislature finds that services should be provided to the extent possible by 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) "Child intervention specialist" or "community-based public or private human service provider" means a person who provides early intervention and prevention services and includes but is not limited to services provided by licensed mental health professionals, child psychiatrists, health care providers, social service caseworkers or social workers, school counselors, school psychologists, school nurses, and school social workers.

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

(3) "Elementary grades prevention and intervention program" means a district-wide program or plan of early detection, prevention, and intervention of learning, emotional, environmental, social, or physical problems of elementary students, that addresses student and family needs; the appropriate use and roles of child intervention specialists, including training and necessary supervision; interprofessional cooperation; and interagency, public and private, collaboration and coordination of the planning, delivery, and evaluation of programs and services.

(4) "Early intervention services" means services that are provided to address social and emotional factors that can affect student performance and behavior and that are provided when problems just begin to emerge.

(5) "Prevention services" means services that are provided to address social and emotional factors that can affect student performance and behavior and that are provided to students before problems occur.

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

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 district's enrollment in grades kindergarten through six. Fair start funds shall not be used to replace funding for existing activities. However, any district currently providing elementary students with prevention and intervention services 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 existing level of prevention and intervention services.

(3) 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. (1) School districts and educational service districts accepting fair start funds shall submit not later than June 1, 1993, the following information to the superintendent of public instruction:

(a) District goals relating to prevention and early intervention services for elementary students and the district's plan, based on the goals, for providing prevention and early intervention services to students. To ensure delivery of appropriate services to students through a coordinated network of service providers, districts shall document that community-based public or private human service providers, district-level and building-level staff and administrators, and parents participated in developing the goals and plan;

(b) Documentation of any written interagency agreement or contract between school and educational service districts, and public or private community-based human service providers to provide prevention and early intervention services to students;

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

(d) Use of grant funds for prevention and intervention-related in-service purposes, including, as necessary and appropriate, multicultural in-service training; and

(e) Other information as requested by the superintendent.

(2) To the greatest extent possible, the delivery of prevention and early intervention services to students:

(a) Shall not be duplicative of other programs;

(b) Shall be consistent with the applicable children's mental health delivery system developed under chapter 71.36 RCW;

(d) Shall be provided on a twelve-month basis.

(3) 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.

NEW SECTION. Sec. 5. (1) Districts shall use fair start funds to provide prevention and intervention services to students with priority given to students based on need. Districts shall establish the criteria determining need and include this information in the report required under section 8 of this act.

(2) Funds from the fair start program regarding health care shall be used only for services and information relating to nutrition and poor health.

(3) In developing their elementary grades prevention and intervention programs, districts shall, as appropriate, take into consideration the multicultural background and needs of students and, as necessary, provide appropriate multicultural materials.

(4) 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. (1) 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.

(2) The superintendent of public instruction and the department of social and health services jointly shall conduct a longitudinal evaluation of the fair start program. The first report shall be submitted to the legislature and governor not later than December 1, 1993.

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.

NEW SECTION. Sec. 8. (1) School districts and educational service districts shall submit biennially to the superintendent a report on their fair start programs. The first report shall include the criteria established by districts to provide prevention and intervention services to students on a priority basis based on need.

(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. Subsequent reports shall be submitted not later than December 1st in even-numbered years.

(3) The superintendent of public instruction shall report to the legislature and the governor by January 15, 1993, the number of written interagency agreements or contracts entered into between schools and educational service districts and public or private community-based human service providers to provide prevention and early intervention services to students.

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.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.