BILL REQ. #:  H-1272.1 

Read first time 02/10/2003.   Referred to Committee on Education.

     AN ACT Relating to student achievement and accountability; amending RCW 28A.165.030, 28A.165.060, 28A.165.070, 28A.505.120, 28A.505.210, and 28A.655.030; adding new sections to chapter 28A.655 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.655 RCW to read as follows:
     The legislature finds that, in order to raise student achievement to and beyond state standards, schools and school districts need predictable and sustainable funding that is not reduced when achievement and improvement goals are met. The legislature also finds that, in order to unify programs that assist struggling students while saving time and resources, schools and districts need relief from laws and rules that inhibit flexibility and creative problem solving. In addition, schools and districts should have complete flexibility in the use of state student assistance funds as long as the schools and districts are meeting state academic and improvement goals. The legislature further finds that, once schools and districts have these tools, the state should hold them accountable for meeting state student learning goals, using an accountability system that is aligned to the accountability provisions in the federal "no child left behind act of 2001."
     Therefore, the legislature intends to help schools and districts in their efforts to raise student achievement by combining state and federal assistance programs, removing state rules that inhibit flexibility in those programs, and aligning the state accountability system with the provisions in federal law.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.655 RCW to read as follows:
     The purpose of the learning assistance program in chapter 28A.165 RCW and student achievement funds under RCW 28A.505.210 is to help all students meet or exceed the state's academic standards.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.655 RCW to read as follows:
SCHOOL IMPROVEMENT PLANS AND CORRECTIVE ACTIONS. (1) When a school or school district is identified for school improvement under state or federal law, the school district shall:
     (a) Make public the list of schools so identified;
     (b) With the assistance of parents, school and district staff, interested members of the community, and the superintendent of public instruction, help the identified school or identified district perform an educational audit and develop or revise an improvement plan;
     (c) Approve each school's improvement plan;
     (d) Offer students in the identified school or identified district an opportunity to move to another school or district that is not so identified, and provide transportation to the new school or district; and
     (e) Subject to funding provided for this purpose by the state or federal government, provide supplemental services to eligible students.
     (2) When a school is identified for corrective action under state or federal law, in addition to the provisions of subsection (1) of this section, the superintendent of public instruction shall work with the school and the school district to implement one or more of the following actions:
     (a) Provision of an outside expert adviser for the school;
     (b) Public notification of the decision to put the school under corrective action;
     (c) Implementation of a new curriculum, including the provision of professional development for teachers and paraeducators responsible for helping students learn the curriculum;
     (d) Revision of the school's internal organization;
     (e) Reduction of the authority of principals and others making decisions on the management of the identified school;
     (f) Replacement of school staff; or
     (g) Extension of the school day or school year.
     (3) When a school district is identified for corrective action under state or federal law, in addition to the provisions of subsection (1) of this section, the superintendent of public instruction shall work with the district to implement one or more of the following actions:
     (a) Deferment, withholding, or reduction of federal and nonbasic education state funds;
     (b) Implementation of a new curriculum, including the provision of professional development for staff; or
     (c) Replacement of district personnel.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.655 RCW to read as follows:
     Beginning January 1, 2004, a board of school directors may not enter or extend any contract or agreement that prevents or inhibits the implementation of any of the provisions of section 3 of this act for a school or district identified for school improvement or corrective action.

Sec. 5   RCW 28A.165.030 and 1999 c 78 s 1 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 student in kindergarten through grade ((nine)) twelve 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 ((statewide)) tests ((at the third grade level)) established pursuant to ((RCW 28A.230.190 and eighth grade level established pursuant to RCW 28A.230.230)) district policies, and state and federal law.

Sec. 6   RCW 28A.165.060 and 1989 c 233 s 3 are each amended to read as follows:
     Services or activities ((which)) that may be supported under an approved program of learning assistance shall ((include but not be limited to:
     (1) Consultant teachers to assist classroom teachers in meeting the needs of participating students;
     (2) Instructional support staff and instructional assistants to assist classroom teachers in meeting the needs of participating students;
     (3) In-service training for classroom teachers, instructional support staff, and instructional assistants in multicultural differences and the identification of learning problems or in instructional methods for teaching students with learning problems;
     (4) 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;
     (5) Tutoring assistance during or after school or on Saturday provided by instructional support staff, a student tutor, teacher, or instructional assistant;
     (6) In-service training for parents of participating students; and
     (7) 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)) emphasize best practices and research-based activities and instructional techniques that have been proven effective in raising student achievement.

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 programs.
     (1) For the ((1995-96)) 2003-04 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)) student enrollment weighted by a poverty factor.
     (2) ((The distribution of funds is for allocation purposes only.
     (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.)) School districts are strongly encouraged to provide the schools in their districts with stable funding from this program and to refrain from reducing funding when achievement and improvement goals are met by a school.

Sec. 8   RCW 28A.505.120 and 1975-'76 2nd ex.s. c 118 s 12 are each amended to read as follows:
     If a local school district fails to comply with any binding restrictions issued by the superintendent of public instruction, the allocation of state funds for support of the local school district may be withheld, pending an investigation of the reason for such noncompliance by the office of the superintendent of public instruction. Written notice of the intent to withhold state funds, with reasons stated for this action, shall be made to the school district by the office of the superintendent of public instruction before any portion of the state allocation is withheld.
     The superintendent of public instruction may withhold, reduce, or defer the allocation of all or a portion of federal and nonbasic education state funding from a school district in corrective action, as provided in section 3(3) of this act.

Sec. 9   RCW 28A.505.210 and 2001 c 3 s 3 are each amended to read as follows:
     (1) School districts shall have the authority to decide the best use of student achievement funds to assist students in meeting and exceeding the new, higher academic standards in each district consistent with the provisions of chapter 3, Laws of 2001.
     (((1) Student achievement funds shall be allocated for the following uses:
     (a) To reduce class size by hiring certificated elementary classroom teachers in grades K-4 and paying nonemployee-related costs associated with those new teachers;
     (b) To make selected reductions in class size in grades 5-12, such as small high school writing classes;
     (c) To provide extended learning opportunities to improve student academic achievement in grades K-12, including, but not limited to, extended school year, extended school day, before-and-after-school programs, special tutoring programs, weekend school programs, summer school, and all-day kindergarten;
     (d) To provide additional professional development for educators, including additional paid time for curriculum and lesson redesign and alignment, training to ensure that instruction is aligned with state standards and student needs, reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs to match teachers with skilled, master teachers. The funding shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for extended year and extended day teaching contracts;
     (e) To provide early assistance for children who need prekindergarten support in order to be successful in school;
     (f) To provide improvements or additions to school building facilities which are directly related to the class size reductions and extended learning opportunities under (a) through (c) of this subsection.))
     (2) Annually on or before May 1st, the school district board of directors shall meet at the time and place designated for the purpose of a public hearing on the proposed use of these funds to improve student achievement for the coming year. Any person may appear or by written submission have the opportunity to comment on the proposed plan for the use of these funds. No later than August 31st, as a part of the process under RCW 28A.505.060, each school district shall adopt a plan for the use of these funds for the upcoming school year. Annually, each school district shall provide to the citizens of their district a public accounting of the funds made available to the district during the previous school year under chapter 3, Laws of 2001, how the funds were used, and the progress the district has made in increasing student achievement, as measured by required state assessments and other assessments deemed appropriate by the district. Copies of this report shall be provided to the superintendent of public instruction and to the academic achievement and accountability commission.

Sec. 10   RCW 28A.655.030 and 2002 c 37 s 1 are each amended to read as follows:
     The powers and duties of the academic achievement and accountability commission shall include, but are not limited to the following:
     (1) For purposes of statewide accountability, the commission shall:
     (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the commission deems appropriate to improve student learning, once assessments in these subjects are required statewide. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The commission may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. ((The goals shall be in addition to any goals adopted in RCW 28A.655.050. The commission may also revise any goal adopted in RCW 28A.655.050.)) The commission shall adopt the goals by rule. However, before each goal is implemented, the commission shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
     (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and determine student scores that identify levels of student performance below and beyond the standard. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;
     (c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:
     (i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature under RCW 28A.655.050 and the commission under (a) of this subsection;
     (ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and
     (iii) Improvements 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.
     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;
     (d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the commission shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;
     (e) Identify, based on state and federal criteria and available appropriations, schools and school districts ((in which state intervention measures will be needed and a range of appropriate intervention strategies, beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies, at the request of the commission,)) for school improvement and corrective action. The superintendent shall ((intervene in)) provide assistance as identified under section 3 of this act to the school or school district ((and take corrective actions. This chapter does not provide additional authority for the commission or the superintendent of public instruction to intervene in a school or school district)) so identified;
     (f) Identify performance incentive systems that have improved or have the potential to improve student achievement;
     (g) Annually review the assessment 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 ((a recommendation)) recommend to the superintendent of public instruction ((of)) any improvements needed to the system;
     (h) Annually report 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. The report may include recommendations of actions to help improve student achievement;
     (i) By December 1, 2000, and by December 1st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the reading goal under RCW 28A.655.050 and any additional goals adopted by the commission;
     (j) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;
     (k) Seek advice from the public and all interested educational organizations in the conduct of its work; and
     (l) Establish advisory committees, which may include persons who are not members of the commission;
     (2) Holding meetings and public hearings, which may include regional meetings and hearings;
     (3) Hiring necessary staff and determining the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter. The office of the superintendent of public instruction shall 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; and
     (4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 11   Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 12   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.