H-2351

AN ACT Relating to K-12 accountability and assistance; amending RCW 28A.630.889, 28A.320.205, and 28A.630.887; adding a new chapter to Title 28A RCW; creating new sections; recodifying RCW 28A.630.887; repealing RCW 28A.300.138; repealing 1998 c 225 s 3 (uncodified); repealing 1995 c 209 s 3 (uncodified); repealing 1995 c 209 s 2 & 1992 c 141 s 203 (uncodified); and declaring an emergency.

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

PART 1

COMMISSION ON EDUCATIONAL ACCOUNTABILITY

NEW SECTION. Sec. 101. (1) The Washington commission on educational accountability is established.

(2) The commission shall consist of seven members selected as follows:

(a) One member shall be appointed by and shall represent but shall not be the superintendent of public instruction;

(b) Two members shall be appointed by and shall represent the governor;

(c) Two members shall represent but shall not be members of the house of representatives. The two members, one nominated by each major caucus, shall be appointed by the speaker of the house of representatives; and

(d) Two members shall represent but shall not be members of the senate. The two members, one nominated by each major caucus, shall be appointed by the president of the senate.

(3) The commission shall appoint a chair from among the commission members.

(4) Appointees shall be qualified individuals who are supportive of educational improvement, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.

(5) Each appointing authority shall appoint its initial commission members by July 1, 1999. The first meeting of the commission shall be convened by the superintendent of public instruction no later than July 30, 1999. The office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff.

(6) Members shall serve for terms of four years, with the terms expiring on June 30th of the fourth year of the term. However, in the case of the initial members, one of the members appointed by the governor shall serve for a three-year term and both members appointed by the house of representatives shall serve for two-year terms, with each of the terms expiring on June 30th of the applicable year.

(7) Each appointing authority shall fill any vacancies in appointments that may occur.

NEW SECTION. Sec. 102. By September 5, 2000, the Washington commission on educational accountability shall recommend accountability policies to the governor and to the education and fiscal committees of the house of representatives and senate. The policies shall include, but need not be limited to:

(1) A graduated series of increasingly intensive school district and state intervention strategies for schools in which low-performance persists over an identified period of time, including options for budgeting and personnel.

(a) The strategies shall be formulated in accordance with the assumption that school districts have primary responsibility for intervening in schools with relatively large numbers of students who are not achieving the essential academic learning requirements. However, if after a period of time, school district intervention is not successful, state intervention may be necessary.

(b) The strategies shall also be formulated in accordance with the assumption that the longer low performance persists, the less control and decision-making authority a school shall retain.

(c) In its deliberations, the commission may consider intervention strategies underway in Washington and other states, such as the type of graduated intervention system adopted by the Seattle school district;

(2) Additional assistance measures for students and schools; and

(3) Rewards for successful schools and school districts.

NEW SECTION. Sec. 103. The accountability duties of the Washington commission on educational accountability shall include, but are not limited to the following:

(1) The adoption of goals for Washington's educational accountability system, including the establishment of timelines for improving student performance for all subjects assessed in the Washington assessment of student learning. However, before each goal is implemented, the commission shall present the goal to the education and fiscal committees of the house of representatives and the senate for the committees' review and comment;

(2) The adoption of categories of school performance from successful to failed. The definitions may include a recognition of student achievement and a recognition of improvements in student performance;

(3) The identification of objective, systematic measures for each identified category;

(4) The identification of performance incentive systems that have improved student achievement;

(5) The identification of schools in which state intervention measures will be needed and the determination of appropriate intervention strategies;

(6) The determination of appropriate choice options within and outside the school district for students attending failed schools. The options shall include, but need not be limited to vocational education opportunities;

(7) A recommendation to the superintendent of public instruction of schools to be recognized for two types of accomplishments, student achievement and improvements in student achievement;

(8) The adoption of performance standards for determining if a student has successfully completed the Washington assessment of student learning. The commission shall set such performance standards in consultation with the superintendent of public instruction and after considering any recommendations that may be developed by such advisory committees as the commission may choose to establish for the purposes of this subsection.

NEW SECTION. Sec. 104. The powers and duties of the Washington commission on educational accountability shall include, but need not be limited to:

(1) The adoption of necessary rules;

(2) The establishment of advisory committees, which may include persons who are not members of the commission;

(3) The hiring of necessary staff and the determination of the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide most of the technical assistance and logistical support needed by the commission;

(4) The receipt of per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060; and

(5) The holding of meetings and public hearings, including hearings on possible state interventions. If the commission finds that the school district's efforts have failed to improve student achievement over a reasonable period of time, the commission may recommend that the superintendent of public instruction implement one or more intervention strategies as may be authorized by law. At the direction of the commission, the superintendent shall intervene in the school district and take corrective actions authorized by law.

PART 2

REPORTING RESULTS

Sec. 201. RCW 28A.630.889 and 1998 c 319 s 301 are each amended to read as follows:

(1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall:

(a) Report to schools, school districts, and the legislature on the results of the ((~~fourth grade~~)) Washington assessment of student learning; and

(b) Post individual school results of the ((~~fourth grade~~)) Washington assessment of student learning on the superintendent of public instruction's internet world-wide web site.

(2) The reports shall include the assessment results by school and school district, and include changes over time. Results shall be reported as follows:

(a) The percentage of students meeting the standards;

(b) The percentage of students performing at each level of the assessment; and

(c) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning.

(3) Data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, dropout rates, attendance, percent of students in special education, and student mobility shall also be reported so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.

(4) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported.

(5) The Washington commission on educational accountability shall annually review the reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and recommend to the superintendent of public instruction needed improvements.

(6) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines.

((~~(2) This section expires July 1, 2006.~~))

Sec. 202. RCW 28A.320.205 and 1993 c 336 s 1006 are each amended to read as follows:

(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall ((~~project goals in performance categories~~)) include school level goals under RCW 28A.630.887, student performance relative to the goals and the percentage of students performing at each level of the assessment, a comparison of student performance at each level of the assessment to the previous year's performance, and information regarding school-level plans to achieve the goals.

(2) The annual performance report shall include, but not be limited to: (a) A brief statement of the mission of the school and the school district; (b) enrollment statistics including student demographics; (c) expenditures per pupil for the school year; (d) a summary of student scores on all mandated tests, and a comparison of those scores with comparable Washington schools of similar demographic characteristics; (e) a concise annual budget report; (f) student attendance, graduation, and dropout rates; (g) information regarding the use and condition of the school building or buildings; (h) a brief description of the ((~~restructuring~~)) learning improvement plans for the school; (i) school safety indicators, including but not limited to, the number of suspensions and of violent incidents a year at the school and at school-sponsored events; (j) information on the credentials of teachers in the school, including, but not limited to, the number of teachers with advanced degrees, the number teaching out of their endorsement areas, the average number of years teachers in the school have been teaching, and the number of teachers who have passed Washington's teacher assessments; (k) the types of choice options available to students at the school, including vocational education opportunities; and (l) an invitation to all parents and citizens to participate in school activities.

(3) The superintendent of public instruction shall develop by June 30, 1994, and update periodically, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section. In order to make school performance reports broadly accessible to the public, the superintendent of public instruction, to the extent feasible, shall make information on each school's report available on or through the superintendent's internet web site.

PART 3

ASSISTANCE TO SCHOOLS

NEW SECTION. Sec. 301. (1) To the extent funds are appropriated, the office of the superintendent of public instruction annually shall allocate accountability implementation funds to school districts. The purposes of the funds are to: Develop and update student learning improvement plans; implement curriculum materials and instructional strategies; provide staff professional development to implement the selected curricula and instruction; develop and implement assessment strategies and training in assessment scoring; and fund other activities intended to improve student learning for all students, including students with diverse needs. Activities funded by the allocations must be consistent with the school or district improvement plan, designed to improve the ability of teachers and other instructional certificated and classified staff to assist students in meeting the essential academic learning requirements, and designed to achieve state and local accountability goals.

(2) To be eligible for allocations in the 1999-2000 school year, school district superintendents and principals must certify that activities funded by accountability implementation funds will be in accordance with the requirements of this act. To be eligible for funds in the 2000-01 school year and thereafter, school district superintendents and school principals must certify that they have analyzed the use of state, federal, and local funds used for professional development and planning and that these funds will be used in an effective manner to improve student learning.

(3) Schools receiving funds shall develop, update as needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The plan shall delineate how the accountability implementation funds will be used to accomplish the requirements of this section. The plan shall be made available to the public and to others upon request.

(4) The amount of allocations shall be determined in the omnibus appropriations act.

(5) The state schools for the deaf and blind are eligible to receive allocations under this section.

(6) The superintendent of public instruction may adopt timelines and rules as necessary under chapter 34.05 RCW to administer the program, and require that schools and districts submit reports regarding the use of the funds.

NEW SECTION. Sec. 302. (1) In order to increase the availability and quality of technical assistance state-wide, the superintendent of public instruction, subject to available funding, may employ school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The improvement specialists shall serve on a rotating basis and shall not be permanent employees.

(2) The types of assistance provided by the improvement coordinators and specialists may include, but need not be limited to:

(a) Assistance to schools to use student performance data and develop improvement plans based on those data;

(b) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments;

(c) Consultation concerning curricula that aligns with the essential academic learning requirements and the Washington assessment of student learning and that meets the needs of diverse learners;

(d) Assistance in the identification and implementation of research-based instructional practices;

(e) Staff training that emphasizes effective instructional strategies and classroom-based assessment;

(f) Assistance in developing and implementing family and community involvement programs; and

(g) Other assistance to schools and school districts intended to improve student learning.

(3) To the extent funds are appropriated, the superintendent of public instruction shall grant funds to schools for short-term, intensive, tailored assistance to develop and implement comprehensive improvement plans that are based on reliable research and effective practices. Recommendations regarding the criteria for granting funds shall be made by the Washington commission on educational accountability to the superintendent of public instruction. Priority for funds shall be given to schools that need to improve student achievement substantially. The funds under this section are intended to stimulate comprehensive, school-wide change, rather than a piecemeal, fragmented approach to school improvement. Grant funds may not be awarded unless the following conditions are met:

(a) School districts must seek comprehensive recommendations from a helping corps technical assistance team formed by the superintendent of public instruction;

(b) Comprehensive improvement plans must be consistent with the recommendations of a helping corps technical assistance team formed by the superintendent of public instruction; and

(c) The coordinator or director of the helping corps technical assistance team must certify that the comprehensive improvement plan is consistent with the technical assistance team recommendations.

(4) To be considered comprehensive, plans must integrate, in a coherent manner, the following components:

(a) Effective, research-based methods and strategies;

(b) Comprehensive design with aligned components;

(d) Measurable goals and benchmarks;

(e) Support within the school;

(f) Family and community involvement;

(g) External technical support and assistance;

(h) Measures to improve school security and supportive learning environments;

(i) Evaluation strategies; and

(j) Coordination of available federal, state, local, and private resources.

(5) When determining grant recipients, the following criteria shall be considered:

(a) Results of the Washington assessment of student learning;

(b) Student achievement evidence from district or other state assessments;

(d) Whether the criteria in subsection (2) of this section have been met; and

(e) The likelihood that the proposed application will lead to a plan and actions that will result in improved student achievement.

(6) Subject to available funding, individual grants shall be awarded for a period of two years.

(7) Grant applications shall be approved by the school district board of directors before submission of the application to the superintendent of public instruction.

PART 4

ACCOUNTABILITY GOALS, INCLUDING GOALS IN READING AND MATHEMATICS

NEW SECTION. Sec. 401. The mid-term goal of the state's accountability system is that eighty percent or more of all public school students state-wide meet the state standards on the Washington assessment of student learning within a decade after the administration of each assessment is required state-wide.

Sec. 402. RCW 28A.630.887 and 1998 c 319 s 101 are each amended to read as follows:

(1) ((~~By December 15, 1998,~~)) Each school district board of directors shall:

(a) Select the reading standard results on either the 1997 or 1998 fourth grade Washington assessment of student learning as the school district's initial baseline reading standard. Districts may select the 1997 results only if all of the elementary schools with fourth grade students administered the assessment;

(b) Establish a three-year, district-wide goal to increase, by the end of the 2000-01 school year, the percentage of students who meet or exceed the reading standard on the fourth grade Washington assessment of student learning. The ((~~three-year~~)) 2000-01 percentage increase goal may not be less than the district's total percentage of students who did not meet the baseline reading standard multiplied by twenty-five percent;

(d) Direct each elementary school to establish a three-year goal for its fourth grade students, subject to approval by the board. The aggregate of the elementary school goals must meet or exceed the district-wide goals established by the board.

(2) Each school district board of directors shall:

(a) By December 15, 2000, select the reading standard results on either the 1998, 1999, or 2000 seventh grade Washington assessment of student learning as the school district's seventh grade baseline reading standard;

(b) Establish a district-wide goal to increase, by the end of the 2002-03 school year, the percentage of students who meet or exceed the reading standard on the seventh grade Washington assessment of student learning. The 2002-03 percentage increase goal may not be less than the district's total percentage of students who did not meet the baseline reading standard multiplied by twenty-five percent;

(c) Specify the annual district-wide percentage improvement increments necessary to meet the seventh grade reading goal; and

(d) Direct each middle or junior high school, as appropriate, to establish reading goals for its seventh grade students, subject to approval by the board. The aggregate of the middle or junior high school goals must meet or exceed the district-wide goals established by the board.

(3) Each school district board of directors shall:

(a) By December 15, 2000, select the mathematics standard results on either the 1998 or 1999 fourth grade Washington assessment of student learning as the school district's fourth grade baseline mathematics standard;

(b) By December 15, 2001, select the mathematics standard results on either the 2000 or 2001 seventh grade Washington assessment of student learning as the school district's seventh grade baseline mathematics baseline. However, the district may select the 2000 results only if all of the middle or junior high schools with seventh grade students administered the assessment;

(c) Establish a district-wide goal to increase, by the end of the 2002-03 school year, the percentage of students who meet or exceed the mathematics standard on the fourth grade Washington assessment of student learning. The 2002-03 percentage increase goal may not be less than the district's total percentage of students who did not meet the baseline mathematics standard multiplied by twenty-five percent;

(d) Establish a district-wide goal to increase, by the end of the 2003-04 school year, the percentage of students who meet or exceed the mathematics standard on the seventh grade Washington assessment of student learning. The 2003-04 percentage increase goal may not be less than the district's total percentage of students who did not meet the baseline mathematics standard multiplied by twenty-five percent;

(e) Specify the annual district-wide percentage improvement increments necessary to meet each mathematics goal; and

(f) Direct each elementary and middle or junior high school, as appropriate, to establish mathematics goals for its fourth grade or seventh grade students, subject to approval by the board. The aggregate of the goals for each grade level must meet or exceed the district-wide goals established by the board for that grade level.

(4) Each school district board of directors shall:

(a) Annually report ((~~biannually~~)) to parents ((~~in writing~~)) and to the community in a public meeting and annually report in writing the following information:

(i) District-wide and school-level three-year goals;

(ii) Student performance relative to the goals; and

(iii) District-wide and school-level plans to achieve the reading and mathematics goals in kindergarten through ((~~fourth~~)) seventh grade, including ((~~grade-level expectations,~~)) curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the reading and mathematics standards;

(b) Report annually ((~~to the superintendent of public instruction and~~)) in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and

(c) Include the ((~~reported information~~)) school-level goals, student performance relative to the goals, and a summary of school-level plans to achieve the goals in each school's annual school performance report under RCW 28A.320.205. This shall be considered one of the annual written reports required in (a) of this subsection.

((~~(3)~~)) (5) Schools and school districts in which ten or fewer students are eligible to be assessed in a grade level are not required to establish or report numerical improvement goals and performance relative to the goals, but are required to report to parents and the community their plans to improve reading achievement in kindergarten through seventh grade and mathematics achievement in kindergarten through seventh grade.

(6) By December 1, 2000, and by December 31st annually thereafter, the superintendent of public instruction shall report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the ((~~three-year~~)) reading and mathematics goals, and provide recommendations to the legislature on setting reading goals for the next three years.

((~~(4) This section expires July 1, 2006.~~))

(7) By August 1, 2000, the superintendent shall complete an objective analysis of the fourth grade mathematics assessment. The analysis shall include, but need not be limited to, the student developmental level required to achieve the fourth grade standard successfully and the extent to which the assessment measures a student's computational skills, problem-solving skills, math communications skills, and a breakdown of other skills assessed. The analysis shall include the percentage of items that: Require students to use computational skills without the use of technology; require the use of technology to complete an item; measure mathematics communication skills; measure problem-solving skills; and measure other skills included in the mathematics assessment. The superintendent of public instruction shall consult recognized experts with differing views on the instruction of mathematics, and report the results of the analysis to the governor and the education committees of the house of representatives and the senate by August 15, 2000.

PART 5

MISCELLANEOUS

NEW SECTION. Sec. 501. The specifications of a study of the learning assistance program shall be provided in the omnibus appropriations act.

NEW SECTION. Sec. 502. (1) If specific funding for the purposes of section 101 of this act, referencing section 101 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 101 of this act is null and void.

(2) If specific funding for the purposes of section 102 of this act, referencing section 102 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 102 of this act is null and void.

(3) If specific funding for the purposes of section 103 of this act, referencing section 103 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 103 of this act is null and void.

(4) If specific funding for the purposes of section 104 of this act, referencing section 104 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 104 of this act is null and void.

(5) If specific funding for the purposes of section 301 of this act, referencing section 301 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 301 of this act is null and void.

(6) If specific funding for the purposes of section 302 of this act, referencing section 302 of this act by bill or chapter and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 302 of this act is null and void.

NEW SECTION. Sec. 503. The following acts or parts of acts are each repealed:

(1) 1998 c 225 s 3 (uncodified);

(2) 1995 c 209 s 3 (uncodified); and

(3) 1995 c 209 s 2 & 1992 c 141 s 203 (uncodified).

NEW SECTION. Sec. 504. RCW 28A.300.138 (Student learning improvement grants) and 1994 c 245 s 1 & 1993 c 336 s 301 are each repealed.

NEW SECTION. Sec. 505. PART HEADINGS NOT LAW. Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 506. Sections 101 through 104, 301, 302, and 401 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION. Sec. 507. RCW 28A.630.887 is recodified as a new section in the chapter created in section 506 of this act.

NEW SECTION. Sec. 508. Sections 101 and 503 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.