| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 03/05/03.
AN ACT Relating to state academic standards; amending RCW 28A.230.090, 28A.195.010, 28A.200.010, 28A.655.070, and 28A.655.030; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.230 RCW; creating new sections; repealing RCW 28A.655.060; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 A new section is added to chapter 28A.655
RCW to read as follows:
(2) Subject to the conditions in this section, beginning with the
graduating class of 2008, successful completion of the reading,
writing, and mathematics content areas of the high school Washington
assessment of student learning, or of an approved alternative means in
those content areas as provided in subsection (10) of this section,
shall lead to a certificate of academic achievement. The certificate
of academic achievement shall be obtained by most students at about the
age of sixteen, and is evidence that the students have successfully met
the state standard in the content areas included in the certificate.
The certificate of academic achievement is required for graduation from
a public high school but is not the only requirement for graduation.
(3) Beginning with the graduating class of 2010, successful
completion of the reading, writing, mathematics, and science content
areas of the high school Washington assessment of student learning, or
of an approved alternative means in those content areas, is required
for graduation from a public high school in the state of Washington and
shall lead to a certificate of academic achievement.
(4) The state board of education may not require the acquisition of
the certificate of academic achievement for students in home-based
instruction under chapter 28A.200 RCW or for students enrolled in
private schools under chapter 28A.195 RCW.
(5) A student may retain and use the highest result from each
successfully completed content area of the high school assessment.
(6) Beginning with the graduating class of 2008, the highest level
achieved in each content area on the high school Washington assessment
of student learning shall be displayed on a student's transcript. In
addition, beginning with the graduating class of 2008, each student
shall receive a scholar's designation on his or her transcript for each
content area in which the student achieves level four.
(7) Beginning with the graduating class of 2008, if a student takes
the high school assessment but is not successful in one or more content
areas required for the certificate of academic achievement, the student
may retake the assessment in that content area one or more times at no
cost to the student and may choose one or more of the following
options:
(a) To retake the assessment in that content area at least once in
the spring and once in the fall or winter if the student is enrolled in
a public school;
(b) To retake the assessment in that content area if the student is
enrolled in a high school completion program. The superintendent of
public instruction and the state board for community and technical
colleges shall jointly identify means by which students in these
programs can be assessed; or
(c) To use an alternative means developed and approved by the
superintendent of public instruction to demonstrate achievement of the
standards for that content area if the student has retaken the
assessment in that content area at least once.
(8) Students who achieve the standard in a content area of the high
school assessment of student learning but who wish to improve their
results shall pay for retaking the assessment, using a uniform cost
determined by the superintendent of public instruction.
(9) Subject to available funding, the superintendent shall pilot
both opportunities for retaking the high school assessment and
alternative means beginning in the 2005-06 school year. Beginning no
later than September 2006, opportunities to retake the assessment at
least once in the fall or winter and once in the spring shall be
available in each school district.
(10) Beginning no later than spring 2007, subject to formal
legislative approval of the alternative means, alternative means shall
be in place in each school district to demonstrate achievement of the
state standards in a content area in which the student was unsuccessful
on the Washington assessment of student learning. Through the omnibus
appropriations act, or by statute or concurrent resolution, the
legislature shall formally approve the use of any alternative means,
including any appeals process, before its implementation as part of the
high school assessment system.
(11) Beginning no later than September 1, 2006, each school
district shall prepare a plan for each eighth grade through twelfth
grade student who was not successful in one or more content areas of
the Washington assessment of student learning. The plan shall include,
but need not be limited to, the courses, competencies, and other steps
needed to be taken by the student to meet state academic standards and
stay on track for graduation. Progress on the plan shall be reported
to the student and the student's parents or guardian. In addition,
through a parent conference, schools must notify the parent or guardian
of each eighth grade student about the student's results on
theassessment of student learning, identify actions the school intends
to take to improve the student's skills in any content area in which
the student was unsuccessful, and provide the parents or guardian with
strategies to help them improve their student's skills in that content
area.
NEW SECTION. Sec. 102
(2) Before the results of the 2004 high school assessment of
student learning are reported to school districts, the academic
achievement and accountability commission shall review and adjust, if
necessary, the performance standards needed to meet the high school
standards and obtain a certificate of academic achievement as provided
in section 101 of this act. The commission shall include in its review
consideration of the use of the standard error of measurement into the
decision regarding the award of the certificate of academic
achievement. To assist in its deliberations, the commission shall seek
advice from a committee that includes parents, practicing classroom
teachers and principals, administrators, staff, and other interested
parties.
(3) The office of the superintendent of public instruction shall
develop alternative means for students to demonstrate achievement of
the state academic standards. The alternative means shall becomparable
in rigor to the Washington assessment of student learning and shall
include procedures and criteria to help determine whether students who
were not successful in one or more of the content areas of the high
school assessment can demonstrate that they meet state standards
through another objectively evaluated means. In its deliberations, the
office of the superintendent of public instruction shall consult with
parents, administrators, practicing classroom teachers including
teachers in career and technical education, practicing principals,
appropriate agencies, professional organizations, assessment experts,
and other interested parties.
(a) By July 1, 2004, the office of the superintendent of public
instruction shall report its recommendations for alternative means,
including possible options and a possible appeals process, to the
governor, the state board of education, and the house of
representatives and senate education committees.
(b) By July 1, 2005, subject to available funding, alternative
means shall be available for pilot testing by school districts.
(c) By December 1, 2006, the superintendent shall report to the
governor, the state board of education, and the house of
representatives and senate education committees on information obtained
through the pilots of the alternative means. The report shall include
an analysis of the comparative rigor of the alternative means to the
Washington assessment of student learning for that content area.
(d) Through the omnibus appropriations act, or by statute or
concurrent resolution, the legislature shall formally approve the use
of any alternative means, including any appeals process, before its
implementation as a part of the high school assessment system.
(4) By November 30, 2004, the superintendent of public instruction
and the state board of education shall provide to the house of
representatives and senate education committees all available pertinent
studies, information, and independent third-party analyses on the
validity and reliability of the high school assessment system,
especially as it pertains to the use of the system for individual
student decisions.
Sec. 103 RCW 28A.230.090 and 1997 c 222 s 2 are each amended to
read as follows:
(a) Any course in Washington state history and government used to
fulfill high school graduation requirements is encouraged to include
information on the culture, history, and government of the American
Indian peoples who were the first inhabitants of the state.
(b) The certificate of academic achievement requirements under
section 101 of this act are required for graduation from a public high
school but are not the only requirements for graduation.
(c) Any decision on whether a student has met the state board's
high school graduation requirements for a high school and beyond plan
shall remain at the local level.
(2) In recognition of the statutory authority of the state board of
education to establish and enforce minimum high school graduation
requirements, the state board shall periodically reevaluate the
graduation requirements and shall report such findings to the
legislature in a timely manner as determined by the state board.
(3) Pursuant to any requirement for instruction in languages other
than English established by the state board of education or a local
school district, or both, for purposes of high school graduation,
students who receive instruction in American sign language or one or
more American Indian languages shall be considered to have satisfied
the state or local school district graduation requirement for
instruction in one or more languages other than English.
(4) If requested by the student and his or her family, a student
who has completed high school courses before attending high school
shall be given high school credit which shall be applied to fulfilling
high school graduation requirements if:
(a) The course was taken with high school students, if the academic
level of the course exceeds the requirements for seventh and eighth
grade classes, and the student has successfully passed by completing
the same course requirements and examinations as the high school
students enrolled in the class; or
(b) The academic level of the course exceeds the requirements for
seventh and eighth grade classes and the course would qualify for
highschool credit, because the course is similar or equivalent to a
course offered at a high school in the district as determined by the
school district board of directors.
(5) Students who have taken and successfully completed high school
courses under the circumstances in subsection (4) of this section shall
not be required to take an additional competency examination or perform
any other additional assignment to receive credit. Subsection (4) of
this section shall also apply to students enrolled in high school on
April 11, 1990, who took the courses before attending high school.
(6) At the college or university level, five quarter or three
semester hours equals one high school credit.
Sec. 104 RCW 28A.195.010 and 1993 c 336 s 1101 are each amended
to read as follows:
Principals of private schools or superintendents of private school
districts shall file each year with the state superintendent of public
instruction a statement certifying that the minimum requirements
hereinafter set forth are being met, noting any deviations. After
review of the statement, the state superintendent will notify schools
or school districts of those deviations which must be corrected. In
case of major deviations, the school or school district may request and
the state board of education may grant provisional status for one year
in order that the school or school district may take action to meet the
requirements. Minimum requirements shall be as follows:
(1) The minimum school year for instructional purposes shall
consist of no less than one hundred eighty school days or the
equivalent in annual minimum program hour offerings as prescribed in
RCW 28A.150.220.
(2) The school day shall be the same as that required in RCW
28A.150.030 and 28A.150.220, except that the percentages of
totalprogram hour offerings as prescribed in RCW 28A.150.220 for basic
skills, work skills, and optional subjects and activities shall not
apply to private schools or private sectarian schools.
(3) All classroom teachers shall hold appropriate Washington state
certification except as follows:
(a) Teachers for religious courses or courses for which no
counterpart exists in public schools shall not be required to obtain a
state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence but without
certification may teach students so long as a certified person
exercises general supervision. Annual written statements shall be
submitted to the office of the superintendent of public instruction
reporting and explaining such circumstances.
(4) An approved private school may operate an extension program for
parents, guardians, or persons having legal custody of a child to teach
children in their custody. The extension program shall require at a
minimum that:
(a) The parent, guardian, or custodian be under the supervision of
an employee of the approved private school who is certified under
chapter 28A.410 RCW;
(b) The planning by the certified person and the parent, guardian,
or person having legal custody include objectives consistent with this
subsection and subsections (1), (2), (5), (6), and (7) of this section;
(c) The certified person spend a minimum average each month of one
contact hour per week with each student under his or her supervision
who is enrolled in the approved private school extension program;
(d) Each student's progress be evaluated by the certified person;
and
(e) The certified employee shall not supervise more than thirty
students enrolled in the approved private school's extension program.
(5) Appropriate measures shall be taken to safeguard all permanent
records against loss or damage.
(6) The physical facilities of the school or district shall be
adequate to meet the program offered by the school or district:
PROVIDED, That each school building shall meet reasonable health and
fire safety requirements. However, the state board shall not require
private school students to meet the student learning goals, obtain a
certificate of ((mastery)) academic achievement to graduate from
highschool, to master the essential academic learning requirements, or
to be assessed pursuant to ((RCW 28A.630.885)) section 101 of this act.
However, private schools may choose, on a voluntary basis, to have
their students master these essential academic learning requirements,
take these assessments, and obtain certificates of ((mastery)) academic
achievement. A residential dwelling of the parent, guardian, or
custodian shall be deemed to be an adequate physical facility when a
parent, guardian, or person having legal custody is instructing his or
her child under subsection (4) of this section.
(7) Private school curriculum shall include instruction of the
basic skills of occupational education, science, mathematics, language,
social studies, history, health, reading, writing, spelling, and the
development of appreciation of art and music, all in sufficient units
for meeting state board of education graduation requirements.
(8) Each school or school district shall be required to maintain
up-to-date policy statements related to the administration and
operation of the school or school district.
All decisions of policy, philosophy, selection of books, teaching
material, curriculum, except as in subsection (7) ((above)) of this
section provided, school rules and administration, or other matters not
specifically referred to in this section, shall be the responsibility
of the administration and administrators of the particular private
school involved.
Sec. 105 RCW 28A.200.010 and 1995 c 52 s 1 are each amended to
read as follows:
(((1))) (a) File annually a signed declaration of intent that he or
she is planning to cause his or her child to receive home-based
instruction. The statement shall include the name and age of the
child, shall specify whether a certificated person will be supervising
the instruction, and shall be written in a format prescribed by the
superintendent of public instruction. Each parent shall file the
statement by September 15th of the school year or within two weeks of
the beginning of any public school quarter, trimester, or semester with
the superintendent of the public school district within which theparent
resides or the district that accepts the transfer, and the student
shall be deemed a transfer student of the nonresident district.
Parents may apply for transfer under RCW 28A.225.220;
(((2))) (b) Ensure that test scores or annual academic progress
assessments and immunization records, together with any other records
that are kept relating to the instructional and educational activities
provided, are forwarded to any other public or private school to which
the child transfers. At the time of a transfer to a public school, the
superintendent of the local school district in which the child enrolls
may require a standardized achievement test to be administered and
shall have the authority to determine the appropriate grade and course
level placement of the child after consultation with parents and review
of the child's records; and
(((3))) (c) Ensure that a standardized achievement test approved by
the state board of education is administered annually to the child by
a qualified individual or that an annual assessment of the student's
academic progress is written by a certificated person who is currently
working in the field of education. The state board of education shall
not require these children to meet the student learning goals, master
the essential academic learning requirements, to take the assessments,
or to obtain a certificate of ((mastery)) academic achievement pursuant
to ((RCW 28A.630.885)) section 101 of this act. The standardized test
administered or the annual academic progress assessment written shall
be made a part of the child's permanent records. If, as a result of
the annual test or assessment, it is determined that the child is not
making reasonable progress consistent with his or her age or stage of
development, the parent shall make a good faith effort to remedy any
deficiency.
(2) Failure of a parent to comply with the duties in this section
shall be deemed a failure of such parent's child to attend school
without valid justification under RCW 28A.225.020. Parents who do
comply with the duties set forth in this section shall be presumed to
be providing home-based instruction as set forth in RCW 28A.225.010(4).
NEW SECTION. Sec. 201
NEW SECTION. Sec. 202
(a) In the content areas of reading and writing by November 1,
2004; and
(b) In the content area of science by November 1, 2006.
(2) The superintendent of public instruction shall report to the
governor, the state board of education, and the house of
representatives and senate education committees on the
review,prioritization, and identification of the essential academic
learning requirements and grade level content expectations in
accordance with the following timelines:
(a) In the content areas of reading, writing, math, and science by
November 1, 2004;
(b) In the content area of social studies by November 1, 2005;
(c) In the content area of the arts by November 1, 2006; and
(d) In the content area of health and fitness by November 1, 2007.
(3) By November 30, 2003, the superintendent of public instruction
shall report to the governor, the state board of education, and the
house of representatives and senate education committees on the
feasibility of returning the results of the Washington assessment of
student learning, including individual student performance information,
to schools, teachers, and parents in the same school year in which the
assessment is administered.
NEW SECTION. Sec. 203 A new section is added to chapter 28A.230
RCW to read as follows:
Sec. 204 RCW 28A.655.070 and 1999 c 388 s 501 are each amended to
read as follows:
(2) The superintendent of public instruction shall:
(a) 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; and
(b) Review and prioritize the essential academic learning
requirements and identify, with clear and concise descriptions, the
grade level content expectations to be assessed on the Washington
assessment of student learning and used for state or federal
accountability purposes. The review, prioritization, and
identification shall result in more focus and targeting with an
emphasis on depth over breadth in the number of grade level content
expectations assessed at each grade level. Grade level content
expectations shall be articulated over the grades as a sequence of
expectations and performances that are logical, build with increasing
depth after foundational knowledge and skills are acquired, and
reflect, where appropriate, the sequential nature of the discipline.
The office of the superintendent of public instruction, within seven
working days, shall post on its web site any grade level content
expectations provided to an assessment vendor for use in constructing
the Washington assessment of student learning.
(3) In consultation with the academic achievement and
accountability commission, the superintendent of public instruction
shall maintain and continue to develop and revise a statewide academic
assessment system in the content areas of reading, writing,
mathematics, and science 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. School districts shall administer the assessments
under guidelines adopted by the superintendent of public instruction.
The academic assessment system shall include a variety of assessment
methods, including criterion-referenced and performance-based measures.
(4) If the superintendent proposes any modification to the
essential academic learning requirements or the statewide assessments,
then the superintendent shall, upon request, provide opportunities for
the education committees of the house of representatives and the
senateto review the assessments and proposed modifications to the
essential academic learning requirements before the modifications are
adopted.
(5)(a) 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))) (b) Assessments measuring the essential academic learning
requirements in the content area of science shall be available for
mandatory use in middle schools and high schools by the 2003-04 school
year and for mandatory use in elementary schools by the 2004-05 school
year unless the legislature takes action to delay or prevent
implementation of the assessment.
(6) By September 2006, the results for reading and mathematics
shall be reported in a format that will allow parents and teachers to
determine the academic gain a student has acquired in those content
areas from one school year to the next.
(7) In order to assist parents and teachers in their efforts to
provide educational support to individual students, the superintendent
of public instruction shall provide as much individual student
performance information as possible within the constraints of the
assessment system's item bank. The superintendent shall also provide
to school districts information on classroom-based and other
assessments that may provide additional achievement information for
individual students.
(8) To the maximum extent possible, the superintendent shall
integrate knowledge and skill areas in development of the assessments.
(((6))) (9) 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.
(((7))) (10) 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.
(((8))) (11) The superintendent shall consider methods to address
the unique needs of special education students when developing the
assessments under this section.
(((9))) (12) The superintendent shall consider methods to address
the unique needs of highly capable students when developing the
assessments under this section.
(13) The superintendent shall post on the superintendent's web
site, for optional use by schools and school districts, lists of
resources and model assessments in social studies, the arts, and health
and fitness.
Sec. 205 RCW 28A.655.030 and 2002 c 37 s 1 are each amended to
read as follows:
(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, for high
school students, obtain a certificate of academic achievement. The
commission shall also determine student scores that identify levels of
student performance below and beyond the standard. The commission
shall consider the incorporation of the standard error of measurement
into the decision regarding the award of the certificate of academic
achievement. 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.
Beginning in 2004, if the commission makes any adjustment of the
student performance standards, then the commission shall present the
recommended performance standard to the education committees of the
house of representatives and the senate by November 30th of the year
before the school year in which the changes will take place in order to
permit the legislature to take statutory action before the changes are
implemented if such action is deemed warranted by the legislature. Any
new or revised performance standard the commission plans to use for
2004 assessments shall be presented to the legislature by January 1,
2004;
(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 by 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 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, the superintendent shall intervene in 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;
(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 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. 206
NEW SECTION. Sec. 301 Part headings and captions used in this
act are not any part of the law.
NEW SECTION. Sec. 302 If any provision of this act or its
application to any person or circumstance is held invalid, theremainder
of the act or the application of the provision to other persons or
circumstances is not affected.
NEW SECTION. Sec. 303 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.