H-1775.1  _______________________________________________

                          HOUSE BILL 2084

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Quall and Talcott

Read first time 02/15/1999.  Referred to Committee on Education.

Providing for a learning assistance program.

    AN ACT Relating to the learning assistance program; amending RCW 28A.165.012, 28A.165.030, 28A.165.040, 28A.165.050, 28A.165.060, 28A.165.070, 28A.165.080, and 28A.165.095; creating a new section; and repealing RCW 28A.165.010.

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

NEW SECTION. Sec. 1.  INTENT.  The legislature finds that the adoption of state-wide academic standards requires that school districts carefully analyze the use of funds intended to assist low-performing students and that schools should be using research-based instructional practices and programs.  The legislature further finds that additional state funds should be allocated to school districts that would be used to provide assistance and extended learning opportunities for students before and after school, on Saturdays, during the summer, during other vacation periods, and during the school day.  The legislature further finds that schools and districts should be given more flexibility in how funds are used, and that state-level monitoring should be based primarily on how effective schools are at helping students achieve the state-wide standards.

    Sec. 2.  RCW 28A.165.012 and 1987 c 478 s 2 are each amended to read as follows:

    There is hereby created a state-wide program designed to enhance educational opportunities for public school students who ((are deficient in basic skills achievement)), without additional assistance, are not likely to meet the state-wide academic standards, or who did not meet the standards, as measured by the Washington assessment of student learning. This program shall be known as the learning assistance program.

    Sec. 3.  RCW 28A.165.030 and 1990 c 33 s 148 are each amended to read as follows:

    Unless the context clearly indicates otherwise the definitions in this section apply throughout RCW 28A.165.010 through 28A.165.090.

    (1) (("Basic skills" means reading, mathematics, and language arts as well as readiness activities associated with such skills.

    (2) "Placement testing" means the administration of objective measures by a school district for the purposes of diagnosing the basic skills achievement levels, determining the basic skills areas of greatest need, and establishing the learning assistance needs of individual students in conformance with instructions established by the superintendent of public instruction for such purposes.

    (3) "Approved program" means a program conducted pursuant to a plan submitted by a district and approved by the superintendent of public instruction under RCW 28A.165.040.

    (4))) "Participating student" means a low-performing student in kindergarten through grade nine who ((scores below grade level in basic skills, as determined by placement testing, and who)) is identified ((under RCW 28A.165.050)) to receive additional services or support ((under an approved program.

    (5) "Basic skills tests" means state-wide tests at the fourth and eighth grade levels established pursuant to RCW 28A.230.190)).  Identification of participating students shall be determined in each participating school through a selection process that may include classroom performance, teacher referrals, placement testing, and other appropriate educational criteria as may be determined by the school district.  In schools that are determined to be a school-wide program, all children are eligible to receive services depending on their needs.

(2) "Low-performing student" means a student who, without additional assistance, is not likely to meet the state-wide academic standards, or who did not meet the standards, as measured by the Washington assessment of student learning.

(3) "State-wide academic standards" means the standards established under RCW 28A.630.885 in reading, writing, communications, and mathematics as measured by the Washington assessment of student learning.

(4) "School-wide program" means a school where all children are eligible to receive services depending on their needs.  Schools with a high percentage of low-performing students or students from low-income households are eligible to be designated school-wide programs.  The criteria for designating school-wide programs shall be determined by the superintendent of public instruction.

    Sec. 4.  RCW 28A.165.040 and 1990 c 33 s 149 are each amended to read as follows:

    Each school district which applies for state funds distributed pursuant to RCW 28A.165.070 shall conduct a needs assessment and, on the basis of its findings, shall develop a plan for the use of these funds.  The district plan ((may)) shall incorporate plans developed by each ((eligible)) school that receives learning assistance funds.  Districts are encouraged to place special emphasis on addressing the needs of students in the early grades.  The needs assessment and plan shall be updated at least biennially, and shall be determined in consultation with an advisory committee including but not limited to members of the following groups:  Parents, including parents of students served by the program; teachers; principals; administrators; and school directors.  ((The district shall submit a biennial application specifying this plan to the office of the superintendent of public instruction for approval.))  Plans shall include:

    (1) The means which the district will use to identify participating students to receive additional services or support under the proposed program;

    (2) The specific services or activities which the funds will be used to support, and their estimated costs.  Services and activities must have been demonstrated to be effective with the types of students being served;

    (3) A plan for annual evaluation of the program by the district, based on performance objectives related to ((basic skills achievement of participating students, and a plan for reporting the results of this evaluation to the superintendent of public instruction)) the attainment of the state-wide academic standards;

    (4) Procedures for involving families and community members in the education of participating students;

(5) Procedures for recordkeeping or other program documentation as may be required by the superintendent of public instruction; and

    (((5))) (6) The approval of the local school district board of directors.

    Sec. 5.  RCW 28A.165.050 and 1987 c 478 s 5 are each amended to read as follows:

    ((Identification of participating students for an approved program of learning assistance shall be determined in each district through the implementation of the findings of the district's needs assessment and through placement testing.))  School districts are encouraged to coordinate the use of funds from federal, state, and local sources in serving low-performing students ((who are below grade level in basic skills,)) and to make efficient use of these resources in meeting the needs of students ((with the greatest academic deficits)) who are not achieving the state-wide academic standards.

    Sec. 6.  RCW 28A.165.060 and 1989 c 233 s 3 are each amended to read as follows:

(1) Services or activities which may be supported under ((an approved)) a program of learning assistance ((shall)) may include, but not be limited to:

    (((1))) (a) Extended learning opportunities, including assistance provided before and after school, on Saturdays, and during summer and vacation periods.  This assistance may be provided by teachers, instructional support staff, classified staff, and paid and volunteer tutors;

(b) Consultant teachers to assist classroom teachers in meeting the needs of participating students;

    (((2))) (c) Instructional support staff and instructional assistants to assist classroom teachers in meeting the needs of participating students;

    (((3))) (d) In-service training for classroom teachers, instructional support staff, and instructional assistants in multicultural differences ((and)), in the identification of learning problems ((or)), and in instructional methods for teaching students with learning problems;

    (((4))) (e) Special instructional programs ((for participating students, of sufficient size, scope, and quality to address the needs of these students and to give reasonable promise of substantial progress toward meeting their educational objectives)), such as nationally validated comprehensive models that are based on effective learning practices and address the needs of the participating students;

    (((5) Tutoring assistance during or after school or on Saturday provided by instructional support staff, a student tutor, teacher, or instructional assistant;

    (6))) (f) In-service training for parents of participating students; ((and

    (7))) (g) Full-day kindergarten;

(h) Volunteer coordinators; and

(i) Counseling, with an emphasis on services for elementary students who are in need of learning assistance, provided by instructional support staff such as school counselors, school psychologists, school nurses, and school social workers.  ((Pursuant to the provisions of section 4(2) of this act,)) Learning assistance funds may be used to provide counseling for students who in the absence of counseling would likely become in need of such learning assistance.

(2) School districts are strongly encouraged to maximize extended learning opportunities for students before school, after school, on Saturdays, and during vacation periods in using learning assistance program funds.  School districts are encouraged to minimize the use of learning assistance program funds for pull-out instructional programs that occur during regular school hours on regular school days and which require removing students from the regular classroom in order to take advantage of any special instructional program supported by learning assistance program funds.

    Sec. 7.  RCW 28A.165.070 and 1995 1st sp.s. c 13 s 1 are each amended to read as follows:

    Each school district ((which has established an approved program)) shall be eligible, as determined by the superintendent of public instruction, for state funds made available for the purposes of ((such)) the learning assistance program((s)).

    (1) ((For the 1995-96 school year and thereafter,)) The superintendent of public instruction shall distribute funds appropriated for the learning assistance program in accordance with the biennial appropriations act.  The distribution formula shall be based upon an assessment of students and a poverty factor.

    (2) The distribution of state funds to school districts is for allocation purposes only.  School districts shall determine the allocation of funds to schools within the school district based on the needs of students.

    (((3) The superintendent of public instruction shall recommend to the legislature a new allocation formula that uses additional elements consistent with performance-based education and the new assessment system developed by the commission on student learning.  The superintendent of public instruction shall develop the recommendations for a new allocation formula not later than the 1997-98 school year, based upon the initial implementation of the assessment system for reading, writing, communication, and mathematics.))

    Sec. 8.  RCW 28A.165.080 and 1990 c 33 s 151 are each amended to read as follows:

(1) In order to ((insure)) ensure that school districts are ((meeting the requirements of an approved program)) using learning assistance program funds effectively to improve the academic achievement of low-performing students, the superintendent of public instruction shall ((monitor)) annually evaluate the effectiveness of such programs ((no less than once every three years.  The results of the evaluations required by RCW 28A.165.040 shall be transmitted to the superintendent of public instruction annually)).  The effectiveness review shall be based on the results of state-mandated assessments, including both the state-wide norm-referenced tests and the Washington assessment of student learning and other appropriate data, as determined by the superintendent of public instruction.

(2) Individual student records shall be maintained at the school district for a period of time as determined by the superintendent of public instruction.

    Sec. 9.  RCW 28A.165.095 and 1997 c 431 s 5 are each amended to read as follows:

    (((1))) Schools and school districts may obtain((, in accordance with RCW 28A.320.017,)) waivers from the statutory requirements in this chapter that pertain to the instructional program, operation, and management of schools, except provisions pertaining to the monitoring of program effectiveness.  Waivers also may be obtained((, in accordance with RCW 28A.320.017,)) from any rules of the ((state board of education and)) superintendent of public instruction adopted to implement the statutory requirements.  The superintendent of public instruction shall establish a process for obtaining waivers.

    (((2) This section expires June 30, 1999.))

NEW SECTION. Sec. 10.  RCW 28A.165.010 (Intent) and 1989 c 233 s 1 & 1987 c 478 s 1 are each repealed.

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