S-1769

AN ACT Relating to K-12 accountability and assistance; amending RCW 28A.630.887, 28A.630.889, 28A.320.205, 28A.300.130, and 28A.630.885; adding new sections to chapter 28A.300 RCW; adding new sections to chapter 28A.630 RCW; creating new sections; 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 and 1992 c 141 s 203 (uncodified); and declaring an emergency.

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

PART 1

INTENT

NEW SECTION. Sec. 101. INTENT. The legislature finds that the purpose of Washington's accountability system is to improve student learning and student achievement of the essential academic learning requirement standards so that each individual student will be given the opportunity to become a responsible citizen and successfully live, learn, and work in the twenty-first century. To achieve this purpose, the accountability system should be based on continuous improvement at all levels of Washington's education system and on a fundamental principle that all students have access to curriculum and instruction that is aligned to the standards.

The legislature further finds that the accountability system should rely on local responsibility and leadership. Districts and schools should be expected to improve and be evaluated based on their improvement over time. Districts should recognize exceptional progress and work closely with struggling schools. The state should provide technical assistance and expertise where needed.

The legislature further finds that the accountability system must be simple to use and understand. Consequences must be predictable and fair. Differences among students, schools, and districts should be recognized and respected as the system is implemented. There should be a balance of each student's right to privacy and the public's right to know the overall levels of learning and achievement at the school, district, and state levels. In addition, the accountability system should be continuously reviewed and improved as more is learned about how schools operate to meet the learning needs of Washington's students.

PART 2

ACCOUNTABILITY GOALS

Sec. 201. 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) Annually report ((~~biannually~~)) to parents ((~~in writing~~)) and to the community in a public meeting and twice 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 goal in kindergarten through fourth 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 standard;

(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 twice-annual written reports required in (a) of this subsection.

(3) 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 fourth grade as required in subsection (2)(a)(iii) of this section.

(4) The commission on academic achievement may establish goals for other content and grade levels as the commission deems appropriate to improve student learning when assessments in the other content areas and other grade levels are required to be administered state-wide. In setting high school goals, the commission shall consider the percent of students achieving a certificate of mastery and a reduction in dropout rates. The commission may revise these state-wide accountability goals as necessary.

(5) By December 1, 2000, and by December 31st annually thereafter, the ((~~superintendent of public instruction~~)) commission on academic achievement 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 goal, and ((~~provide recommendations to the legislature on setting reading goals for the next three years.~~

~~(4) This section expires July 1, 2006~~)) on the setting of goals and progress in achieving goals in the other content areas and at other grade levels.

PART 3

REPORTING ASSESSMENT RESULTS

Sec. 301. 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 the public, 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 in two ways:

(a) The percent of students meeting the standards; and

(b) 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, drop-out 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. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of state-wide data files until the superintendent determines that the data are complete and accurate.

(5) The commission on academic achievement 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. 302. 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 information regarding school-level plans to achieve the goals.

(2) The annual performance report shall include, but not be limited to: A brief statement of the mission of the school and the school district; enrollment statistics including student demographics; expenditures per pupil for the school year; a summary of student scores on all mandated tests; a concise annual budget report; student attendance, graduation, and dropout rates; information regarding the use and condition of the school building or buildings; a brief description of ((~~the restructuring~~)) learning improvement plans for the school; and an invitation to all parents and citizens to participate in school activities.

(3) The superintendent of public instruction shall develop by June 30, 1994, 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.

PART 4

ASSISTANCE FOR SCHOOLS AND DISTRICTS

NEW SECTION. Sec. 401. A new section is added to chapter 28A.300 RCW to read as follows:

ACCOUNTABILITY IMPLEMENTATION FUNDS. (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 provide time for teachers and other certificated instructional staff and classified staff 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 shall 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. Activities funded by the allocations shall be designed to protect the teachers' instructional time with students and minimize the use of substitute teachers.

(2) 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 describe 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.

(3) To the extent funds are appropriated, the state schools for the deaf and blind are eligible to receive allocations under this section.

(4) 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.

PART 5

STATE AND REGIONAL-LEVEL TECHNICAL ASSISTANCE

Sec. 501. RCW 28A.300.130 and 1996 c 273 s 5 are each amended to read as follows:

(1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on ((~~student learning~~)) academic achievement, educational service districts, ((~~and~~)) institutions of higher education, and education, parent, community, and business organizations.

(2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall:

(a) Serve as a clearinghouse for the completed work and activities of the commission on ((~~student learning~~)) academic achievement;

(b) Serve as a clearinghouse for information regarding successful educational ((~~restructuring~~)) improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational ((~~restructuring~~)) improvement initiatives in Washington schools and districts;

(c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve ((~~reading~~)) instruction of the essential academic learning requirements under section 701 of this act; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; ((~~school~~)) comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;

(d) Develop and distribute, in conjunction with the commission on ((~~student learning~~)) academic achievement, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;

(e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;

(f) Develop and maintain an internet web site to increase the availability of information, research, and other materials;

(g) Take other actions to increase public awareness of the importance of parental and community involvement in education;

((~~(g)~~)) (h) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available ((~~under RCW 28A.305.140~~)) and the broadened school board powers under RCW 28A.320.015;

((~~(h)~~)) (i) Provide training and consultation services, including conducting regional summer institutes;

((~~(i)~~)) (j) Address methods for improving the success rates of certain ethnic and racial student groups; and

((~~(j)~~)) (k) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.

(3) The superintendent of public instruction, after consultation with the commission on ((~~student learning~~)) academic achievement, shall select and employ a director for the center.

(4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. ((~~The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2)(d) and (e) of this section.~~)) In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

((~~(5) The superintendent shall report annually to the commission on student learning on the activities of the center.~~))

NEW SECTION. Sec. 502. A new section is added to chapter 28A.300 RCW to read as follows:

HELPING CORPS. (1) In order to increase the availability and quality of technical assistance state-wide, the superintendent of public instruction, subject to available funding, shall employ regional school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The regional coordinators and specialists shall be hired by and work under the direction of a state-wide school improvement coordinator. The improvement specialists shall serve on a rotating basis from one to three years and shall not be permanent employees of the superintendent of public instruction.

(2) The school improvement coordinators and specialists shall provide the following:

(a) Assistance to schools to disaggregate 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, the Washington assessment of student learning, and 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.

PART 6

OVERSIGHT OF THE ACCOUNTABILITY SYSTEM

Sec. 601. RCW 28A.630.885 and 1998 c 225 s 1 are each amended to read as follows:

(1) The Washington commission on ((~~student learning~~)) academic achievement is hereby established. The primary purpose((s)) of the commission ((are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs, and to take other steps necessary to develop a performance-based education system)) is to provide oversight of the accountability system.

(2) The commission shall include ((~~three~~)) one member((s)) of the state board of education, ((~~three~~)) the superintendent of public instruction, and seven members appointed by the governor ((~~before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election~~)). All appointments shall be made by July 1, 1999. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. Gubernatorial and state board appointees shall serve for a term of four years. However, four of the initial seven gubernatorial appointments and the state board appointee shall serve two-year terms. Appointees may be reappointed to serve more than one term. The state board of education shall fill any vacancies of the state board of education appointment((s)) that may occur. Of the appointments made by the governor, one shall be from a list of names submitted by the superintendent of public instruction. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational ((~~restructuring~~)) improvement and accountability, 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.

(((2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.

~~(3) The commission, with the assistance of the advisory committees, shall:~~

(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;

(b)(i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.

(ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.

(iii) Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1) and the mathematics component of RCW 28A.150.210(2) referred to in this section as reading, writing, communications, and mathematics shall be developed and initially implemented by the commission before transferring the assessment system to the superintendent of public instruction on June 30, 1999. The elementary assessments for reading, writing, communications, and mathematics shall be available for use by school districts no later than the 1996-97 school year, the middle school assessment no later than the 1997-98 school year, and the high school assessment no later than the 1998-99 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for the science component of RCW 28A.150.210(2) at the middle school and high school levels shall be available for use by districts no later than the 1998-99 school year unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. The completed assessments and assessments still in development shall be transferred to the superintendent of public instruction by June 30, 1999, unless the legislature takes action to delay implementation of the assessment system and essential academic learning requirements. The superintendent shall continue the development of assessments on the following schedule: The history, civics, and geography assessments at the middle and high school levels shall be available for use by districts no later than the 2000-01 school year; the arts assessment for middle and high school levels shall be available for use by districts no later than the 2000-01 school year; and the health and fitness assessments for middle and high school levels shall be available no later than the 2001-02 school year. The elementary science assessment shall be available for use by districts not later than the 2001-02 school year. The commission or the superintendent, as applicable, shall upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted. By December 15, 1998, the commission on student learning shall recommend to the appropriate committees of the legislature a revised timeline for implementing these assessments and when the school districts should be required to participate. All school districts shall be required to participate in the history, civics, geography, arts, health, fitness, and elementary science assessments in the third year after the assessments are available to school districts.

~~To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.~~

(iv) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two. Before the 1997-98 school year, the elementary assessment system in reading, writing, communications, and mathematics shall be optional. School districts that desire to participate before the 1997-98 school year shall notify the commission on student learning in a manner determined by the commission. Beginning in the 1997-98 school year, school districts shall be required to participate in the elementary assessment system for reading, writing, communications, and mathematics. Before the 2000-01 school year, participation by school districts in the middle school and high school assessment system for reading, writing, communications, mathematics, and science shall be optional. School districts that desire to participate before the 1998-99 school year shall notify the commission on student learning in a manner determined by the commission on student learning. Schools that desire to participate after the 1998-99 school year, shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-01 school year, all school districts shall be required to participate in the assessment system for reading, writing, communications, mathematics, and science.

(v) The commission on student learning may modify the essential academic learning requirements and the assessments for reading, writing, communications, mathematics, and science, as needed, before June 30, 1999. The commission shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.

(vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;

~~(c) After a determination is made by the state board of education~~)) (3) When the commission determines that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education. Any middle school, junior high school, or high school using educational pathways shall ensure that all participating students will continue to have access to the courses and instruction necessary to meet admission requirements at baccalaureate institutions. Students shall be allowed to enter the educational pathway of their choice. Before accepting a student into an educational pathway, the school shall inform the student's parent of the pathway chosen, the opportunities available to the student through the pathway, and the career objectives the student will have exposure to while pursuing the pathway. Parents and students dissatisfied with the opportunities available through the selected educational pathway shall be provided with the opportunity to transfer the student to any other pathway provided in the school. Schools may not develop educational pathways that retain students in high school beyond the date they are eligible to graduate, and may not require students who transfer between pathways to complete pathway requirements beyond the date the student is eligible to graduate((;

~~(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;~~

~~(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;~~

(f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;

(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;

(h) Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:

(i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and

~~(ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;~~

~~(i) Recommend to the legislature, governor, state board of education, and superintendent of public instruction:~~

(i) A state-wide accountability system to monitor and evaluate accurately and fairly at elementary, middle, and high schools the level of learning occurring in individual schools and school districts with regard to the goals included in RCW 28A.150.210 (1) through (4). The accountability system must assess each school individually against its own baseline, schools with similar characteristics, and schools state-wide. The system shall include school-site, school district, and state-level accountability reports;

(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements as measured by performance on the elementary, middle school, and high school assessments;

(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements or meet the standards established for the elementary, middle school, and high school assessments; and

(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline, schools with similar characteristics, and the state-wide average. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements and progress on meeting the state-wide average. School staff shall determine how the awards will be spent.

The commission shall make recommendations regarding a state-wide accountability system for reading in grades kindergarten through four by November 1, 1997. Recommendations for an accountability system in the other subject areas and grade levels shall be made no later than June 30, 1999)).

(4) For purposes of state-wide accountability, the commission shall:

(a) Establish and revise performance goals under RCW 28A.630.887;

(b) Make recommendations to the superintendent of public instruction regarding the reporting of assessment and other data in accordance with RCW 28A.630.889;

(c) Review data and make recommendations to the superintendent of public instruction about school districts requiring school assistance, recognition, and intervention;

(d) Submit recommendations to the superintendent of public instruction about appropriate interventions, assistance, and recognition;

(e) Develop criteria for deciding when it is appropriate for the commission to make recommendations to the superintendent about interventions, assistance, and recognition;

(f) Hear concerns about interventions;

(g) Recommend changes to the superintendent and the legislature regarding accountability policy and legislation, as necessary;

((~~(j)~~)) (h) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and

((~~(k)~~)) (i) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.

((~~(4)~~)) (5) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.

((~~(5)~~)) (6) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.

((~~(6)~~)) (7) The commission ((~~shall select an entity to provide staff support and~~)) may appoint an executive director and staff to perform the duties in support of the activities of the commission. The office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.

((~~(7)~~)) (8) The commission may adopt rules as necessary to carry out its duties.

(9) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(((8)(a) By September 30, 1997, the commission on student learning, the state board of education, and the superintendent of public instruction shall jointly present recommendations to the education committees of the house of representatives and the senate regarding the high school assessments, the certificate of mastery, and high school graduation requirements.

~~In preparing recommendations, the commission on student learning shall convene an ad hoc working group to address questions, including:~~

~~(i) What type of document shall be used to identify student performance and achievement and how will the document be described?~~

~~(ii) Should the students be required to pass the high school assessments in all skill and content areas, or only in select skill and content areas, to graduate?~~

~~(iii) How will the criteria for establishing the standards for passing scores on the assessments be determined?~~

~~(iv) What timeline should be used in phasing-in the assessments as a graduation requirement?~~

(v) What options may be used in demonstrating how the results of the assessments will be displayed in a way that is meaningful to students, parents, institutions of higher education, and potential employers?

~~(vi) Are there other or additional methods by which the assessments could be used to identify achievement such as endorsements, standards of proficiency, merit badges, or levels of achievement?~~

~~(vii) Should the assessments and certificate of mastery be used to satisfy college or university entrance criteria for public school students? If yes, how should these methods be phased-in?~~

(b) The ad hoc working group shall report its recommendations to the commission on student learning, the state board of education, and the superintendent of public instruction by June 15, 1997. The commission shall report the ad hoc working group's recommendations to the education committees of the house of representatives and senate by July 15, 1997. Final recommendations of the commission on student learning, the state board of education, and the superintendent of public instruction shall be presented to the education committees of the house of representatives and the senate by September 30, 1997.

~~(9) The Washington commission on student learning shall expire on June 30, 1999.~~))

NEW SECTION. Sec. 602. 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. 603. A new section is added to chapter 28A.630 RCW to read as follows:

(1) The commission on academic achievement annually shall make recommendations to the superintendent of public instruction on school districts and schools that should be recognized based on the results of the Washington assessment of student learning. The commission shall develop the criteria for selecting districts and schools for recognition. Recognition shall be given to schools and school districts that have achieved exceptional growth:

(a) As measured by an increase in the percent of students meeting standards. The level of achievement required for recognition shall be based on the achievement goals established by the legislature and commission on academic achievement under RCW 28A.630.887;

(b) As measured by an improvement index that measures improvement in all levels of the assessment; and

(c) Despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard or the improvement index.

(2) When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate.

NEW SECTION. Sec. 604. A new section is added to chapter 28A.630 RCW to read as follows:

(1) Improved student learning depends on the initiative of educators, parents, and students in each school; the school's local community; and state support. Schools should take responsibility for their own improvement while also having access to assistance from school districts, educational service districts, and the state.

(2) School districts have primary responsibility for intervening in schools with large numbers of students who are not achieving the essential academic learning requirements. In some cases, school district intervention may not prove successful. Beginning in the 2001-02 school year, continuing levels of low achievement in elementary schools in which there is little or no improvement shall trigger an evaluation by the commission on academic achievement. The purpose of the evaluation is to decide whether to initiate additional state-level assistance. For middle and high schools, the evaluation shall occur three years after assessments are required state-wide. When making recommendations to the superintendent of public instruction regarding additional state-level assistance, the commission on academic achievement shall use multiple sources of information including:

(a) The results of the Washington assessment of student learning;

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

(d) Student mobility and poverty;

(e) Attendance and dropout rates;

(f) Graduation rates and posthigh school indicators;

(g) Percent of students in special programs; and

(h) Other factors presented by individual districts or schools.

(3) If the commission on academic achievement, after considering the factors in subsection (1) of this section, finds that the district's efforts have failed to improve student achievement over a reasonable period of time, the commission may recommend to the superintendent of public instruction that the superintendent intervene in the school district. The superintendent of public instruction may intervene in the school district and take appropriate corrective actions.

NEW SECTION. Sec. 605. (1) The commission on student learning is hereby abolished and its powers, duties, and functions are hereby transferred to the commission on academic achievement or to the superintendent of public instruction as appropriate under the transfer of duties made from the commission on student learning to the commission on academic achievement or the superintendent of public instruction under this act. All references to the commission on student learning in the Revised Code of Washington shall be construed to mean the commission on academic achievement when addressing the duties, activities, or functions regarding the accountability system under this act. All references to the commission on student learning in the Revised Code of Washington shall be construed to mean the superintendent of public instruction when addressing the duties, activities, or functions regarding the essential academic learning requirements, the standards, or the assessments addressed under this act.

(2) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commission on student learning shall be delivered to the custody of the commission on academic achievement or the superintendent of public instruction, as appropriate. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commission on student learning shall be made available to the commission on academic achievement or the superintendent of public instruction, as appropriate.

(3) The transfer of the powers, duties, functions, and personnel of the commission on student learning shall not affect the validity of any act performed before the effective date of this section.

PART 7

SUPERINTENDENT'S DUTIES FOR STANDARDS AND ASSESSMENTS

NEW SECTION. Sec. 701. A new section is added to chapter 28A.300 RCW to read as follows:

SUPERINTENDENT OF PUBLIC INSTRUCTION'S DUTIES FOR STANDARDS AND ASSESSMENTS. (1) The superintendent of public instruction shall identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210 to develop student assessments and implement the accountability recommendations of the commission on academic achievement.

(2) The superintendent of public instruction shall periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements.

(3) The superintendent of public instruction shall maintain and continue to develop and revise a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be determined by the superintendent.

(4) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.

(5) The assessments in reading, writing, mathematics, and communications are required at the elementary level, beginning with the 1997-98 school year and for middle and secondary levels beginning with the 2000-01 school year. The assessment for middle and high school in science shall be required beginning with the 2000-01 school year. The superintendent shall develop timelines for the remaining assessments in history, civics, geography, arts, health, fitness, and science at the elementary, middle, and high school level, to the extent the legislature has not adopted timelines in statute. However the assessments shall be completed not later than the 2003-04 school year and shall be required in the 2007-08 school year. The assessments shall not be implemented if the legislature takes action to delay or prevent implementation of the assessment system and the essential academic learning requirements.

(6) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.

(7) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.

(8) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.

(9) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.

(10) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.

PART 8

CONSOLIDATED PLANNING

NEW SECTION. Sec. 801. The superintendent of public instruction, in consultation with school district personnel, shall consolidate and streamline the planning, application, and reporting requirements for major state and federal categorical and grant programs. The superintendent also shall take actions to increase the use of online electronic applications and reporting.

PART 9

MISCELLANEOUS

NEW SECTION. Sec. 901. 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. 902. PART HEADINGS AND SECTION CAPTIONS NOT LAW. Part headings and section captions used in this act are not any part of the law.

NEW SECTION. Sec. 903. Section 602 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 904. 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.