BILL REQ. #:  H-1266.2 

Read first time 02/19/2003.   Referred to Committee on Education.

     AN ACT Relating to a special services pilot program; adding a new section to chapter 28A.630 RCW; creating a new section; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   Research has shown that early, intensive assistance can significantly improve reading and language skills for children who are struggling academically. This early research-based assistance has been successful in reducing the number of children who require specialized programs. However, by being effective in reducing the number of students eligible for these programs, school district funding is reduced.
     Current federal and state laws and rules and regulations require school districts to identify, diagnose, categorize, reevaluate, and develop individual education plans for students who are eligible for special education services. To be eligible for special education services, students have to experience academic failure. A significant portion of the cost of completing and tracking these actions could be redirected to early interventions focused upon research-based direct instruction resulting in markedly improved outcomes. Students could receive intensive academic help without first having to experience chronic failure.
     The enhanced ability of the participating districts to redirect resources towards a redesigned intervention approach will ultimately yield a number of desirable outcomes including: Significant increase in the percentage of students meeting state standards; increased rates of students graduating from high school; reduced risk of incurring federal sanctions; reduced risk of special education litigation; and an enhanced mechanism for effectively managing the growth in special education population.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.630 RCW to read as follows:
     (1) The special services pilot program is created. The purpose of the program is to encourage participating school districts to provide early intensive reading and language assistance to students who are struggling academically. The goal of such assistance is to effectively address reading and language difficulties resulting in a substantially greater proportion of students meeting the progressively increasing performance standards for both the aggregate and disaggregated subgroups under federal law. The pilot program will remove the financial disincentive that will occur if the number of students eligible for specialized programs is reduced as a result of this effective early intervention.
     (2) By May 15, 2003, school districts shall apply to the superintendent of public instruction to participate in the pilot program in this section. The superintendent shall make a decision no later than June 15, 2003, regarding which school districts may participate in the program.
     (a) A maximum of three school districts may participate.
     (b) Program implementation and state funding waivers in subsection (4)(a) of this section shall not begin until the participating districts and state obtain the appropriate federal waivers.
     (c) The superintendent of public instruction shall determine if federal waivers ultimately granted are sufficient to accommodate program funding requirements, and warrant project implementation.
     (3) The pilot program is intended to be six years, to begin in the 2003-04 school year and conclude in the 2008-09 school year, unless the program is extended by the legislature. The superintendent of public instruction may adjust both the start and end date of the pilot program to be consistent with the time period of federal waivers.
     (a) If a school district chooses to withdraw from the program, the district has one calendar year to become fully compliant with existing state special education rules. During this time, the state funding waivers in subsection (4) of this section and programmatic requirements in subsection (6) of this section shall continue.
     (b) At the conclusion of the program, the district has one calendar year to become fully compliant with existing state special education rules. During this time, the state funding waivers in subsection (4) of this section and programmatic requirements in subsection (6) of this section shall continue.
     (c) Upon written request, the superintendent of public instruction may provide a district with an additional six months to become fully compliant beyond the timelines specified in (a) and (b) of this subsection.
     (4) School districts participating in the pilot program:
     (a) Shall receive state special education funding based on the average percentage of students age three through twenty-one who were eligible for special education services in the 2001-02 and 2002-03 school years or up to the maximum percent specified in the operating budget bill for special education, whichever is lower. This funding level shall continue for the duration of each districts' participation in the pilot program and the conclusion years as determined in subsection (3) of this section; and
     (b) May use state funds for students participating in early intensive reading and language assistance programs even if the student has not been identified as a special education student.
     (5) It is not the intent of this section to increase or decrease a district's ability to access the safety net for high cost students by virtue of the district's participation in this project. Districts participating in this project shall have access to the special education safety net using a modified application approach for the office of the superintendent of public instruction Worksheet A -demonstration of financial need. The superintendent shall create a modified application to include all special education revenues received by the district, and include expenditures for students with individual education plans and expenditures for students generating special education revenue but served in early intensive reading and language assistance programs.
     (6) School districts that participate in the program must agree to:
     (a) Implement a tiered set of research-based instructional interventions addressing individual student needs that address reading and language deficits;
     (b) Use multiple diagnostic instruments to identify the literacy needs of each student;
     (c) Assure parents are informed of diagnosed student needs, and have input into designed interventions;
     (d) Actively engage parents as partners in the learning process;
     (e) Comply with state special education requirements with the exception of those explicitly waived as part of the program; and
     (f) Participate in an evaluation of the program as determined by the superintendent of public instruction. This may include contributing funds and staff expertise for the design and implementation of the evaluation. Districts shall annually review and report progress to the office of the superintendent of public instruction.
     (7) By December 15, 2007, the superintendent of public instruction shall submit a report to the governor and legislature that summarizes the effectiveness of the pilot program. The report shall also include a recommendation as to whether or not the pilot program should be continued, expanded, or otherwise modified.
     (8) This section expires June 30, 2010.

NEW SECTION.  Sec. 3   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.