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.230.120, 28A.305.220, 28A.655.070, and 28A.655.030; adding a new section to chapter 28A.655 RCW; adding a new section to chapter 28A.155 RCW; adding new sections to chapter 28A.180 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:
     CERTIFICATE REQUIREMENTS. (1) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and one or more alternative means for a student to demonstrate achievement of state academic standards. The alternative means for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
     (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. With the exception of students satisfying the provisions of section 104 of this act, 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, with the exception of students satisfying the provisions of section 104 of this act, 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, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of section 104 of this act.
     (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 2005, the highest scale score and 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. School districts must make available to students the following options:
     (a) To retake the assessment in that content area at least twice a year 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 at a community or technical college. 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 and authorized pursuant to subsection (10) of this section 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 opportunities for retaking the high school assessment beginning in the 2004-05 school year. Beginning no later than September 2006, opportunities to retake the assessment at least twice a year shall be available to 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 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 appeals, before its implementation as part of the high school assessment system.
     (11) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for students as provided in this subsection.
     (a) Plans are required for eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. This requirement shall be phased in as follows:
     (i) Beginning no later than the 2004-05 school year ninth grade students as described in (a) of this subsection shall have a plan.
     (ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in (a) of this subsection shall have a plan.
     (iii) The parent or guardian shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.
     (iv) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
     (b) Beginning with the 2005-06 school year and every year thereafter, all fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a plan.
     (i) The parent or guardian of a student described in (b) of this subsection shall be notified, through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
     (ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.

NEW SECTION.  Sec. 102   CERTIFICATE REPORTS REQUIRED ON THE CUT SCORES REQUIRED TO ACHIEVE THE CERTIFICATE, ALTERNATIVE MEANS, AND ISSUES RELATED TO VALIDITY AND RELIABILITY. (1) 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 various conjunctive and compensatory score models, including 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.
     (2) The office of the superintendent of public instruction shall develop options for implementing alternative means for students to demonstrate achievement of the state academic standards, one of which shall be an appeals option. The alternative means shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards.
     (a) By July 1, 2004, the office of the superintendent of public instruction shall report its recommendations for alternative means, including the use of appeals, to the governor, the state board of education, and the house of representatives and senate education committees.
     (b) 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.
     (c) 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.
     (3) By September 15, 2004, the superintendent of public instruction shall develop recommendations on the best practices that may be used with students who need additional assistance to meet the requirements of the certificate of academic achievement.
     (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:
     CERTIFICATE OF ACADEMIC ACHIEVEMENT - STATE BOARD OF EDUCATION HIGH SCHOOL GRADUATION REQUIREMENTS, INCLUDING LOCAL DETERMINATION OF INDIVIDUAL STUDENT SUCCESS. (1) The state board of education shall establish high school graduation requirements or equivalencies for students.
     (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 or the certificate of completion requirements under section 104 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 high school 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.

NEW SECTION.  Sec. 104   A new section is added to chapter 28A.155 RCW to read as follows:
     CERTIFICATE OF COMPLETION. Students served under this chapter, who cannot participate in the high school Washington assessment of student learning including alternative means, even with accommodations, may earn a certificate of completion using multiple ways to demonstrate skills and abilities commensurate with their individual education plans. For these students, the certificate of completion is required for graduation from a public high school, but need not be the only requirement for graduation. When measures other than the high school Washington assessment of student learning are used, the measures shall be in agreement with the appropriate educational opportunity provided for the student as required by this chapter. The superintendent of public instruction shall develop the criteria for determining which students cannot participate in the assessment and shall be eligible to obtain a certificate of completion.
     When measures other than the high school Washington assessment of student learning are used for high school graduation purposes, the student's high school diploma shall state that the student has earned a certificate of completion.
     Nothing in this section shall be construed to deny a student the right to participation in the program of assessment known as the high school Washington assessment of student learning, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement.

NEW SECTION.  Sec. 105   A new section is added to chapter 28A.180 RCW to read as follows:
     The office of the superintendent of public instruction and the state board for community and technical colleges shall jointly develop a program plan to provide a continuing education option for students who are eligible for the state transitional bilingual instruction program and who need more time to develop language proficiency but who are more age-appropriately suited for a postsecondary learning environment than for a high school. In developing the plan, the superintendent of public instruction shall consider options to formally recognize the accomplishments of students in the state transitional bilingual instruction program who have completed the twelfth grade but have not earned a certificate of academic achievement. By December 1, 2004, the agencies shall report to the legislative education and fiscal committees with any recommendations for legislative action and any resources necessary to implement the plan.

NEW SECTION.  Sec. 106   A new section is added to chapter 28A.180 RCW to read as follows:
     (1) Students who are eligible for the state transitional bilingual instruction program and who have limited English proficiency shall have access to the following:
     (a) The learning plans under section 101 of this act;
     (b) Multiple opportunities to retake the high school assessment of student learning offered during the eleventh and twelfth grades through the school district until the student reaches the age of twenty-one or through a high school completion program offered in a community college or technical college; and
     (c) The opportunity to demonstrate academic achievement through an alternative means or appeals, as provided under section 101 of this act.
     (2) School districts shall provide assistance to these students through the transitional bilingual instruction program and through other programs supported with state, federal, or local funds.

Sec. 107   RCW 28A.195.010 and 1993 c 336 s 1101 are each amended to read as follows:
     CERTIFICATE OF ACADEMIC ACHIEVEMENT - PRIVATE SCHOOL STUDENTS EXEMPTED. The legislature hereby recognizes that private schools should be subject only to those minimum state controls necessary to insure the health and safety of all the students in the state and to insure a sufficient basic education to meet usual graduation requirements. The state, any agency or official thereof, shall not restrict or dictate any specific educational or other programs for private schools except as hereinafter in this section provided.
     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 total program 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 high school, 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. 108   RCW 28A.200.010 and 1995 c 52 s 1 are each amended to read as follows:
     CERTIFICATE OF ACADEMIC ACHIEVEMENT - STUDENTS IN HOME-BASED INSTRUCTION EXEMPTED. (1) Each parent whose child is receiving home- based instruction under RCW 28A.225.010(4) shall have the duty to:
     (((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 the parent 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).

Sec. 109   RCW 28A.230.120 and 2003 c 234 s 1 are each amended to read as follows:
     HIGH SCHOOL DIPLOMAS--ISSUANCE--OPTION TO RECEIVE FINAL TRANSCRIPTS--NOTICE. (1) School districts shall issue diplomas to students signifying graduation from high school upon the students' satisfactory completion of all local and state graduation requirements. Diplomas shall include one of the following statements: (a) "Certificate of Academic Achievement earned," or (b) "Certificate of Completion earned." Districts shall grant students the option of receiving a final transcript in addition to the regular diploma.
     (2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the transcript option and shall direct students to indicate their decisions in a timely manner. School districts shall make appropriate provisions to assure that students who choose to receive a copy of their final transcript shall receive such transcript after graduation.
     (3)(a) A school district may issue a high school diploma to a person who:
     (i) Is an honorably discharged member of the armed forces of the United States;
     (ii) Was scheduled to graduate from high school in the years 1940 through 1955; and
     (iii) Left high school before graduation to serve in World War II or the Korean conflict.
     (b) A school district may issue a diploma to or on behalf of a person otherwise eligible under (a) of this subsection notwithstanding the fact that the person holds a high school equivalency certification or is deceased.
     (c) The superintendent of public instruction shall adopt a form for a diploma application to be used by a veteran or a person acting on behalf of a deceased veteran under this subsection (3). The superintendent of public instruction shall specify what constitutes acceptable evidence of eligibility for a diploma.

Sec. 110   RCW 28A.305.220 and 1984 c 178 s 1 are each amended to read as follows:
     DEVELOPMENT OF STANDARDIZED HIGH SCHOOL TRANSCRIPTS--SCHOOL DISTRICTS TO INFORM STUDENTS OF IMPORTANCE. (1) The state board of education shall develop for use by all public school districts a standardized high school transcript. The state board of education shall establish clear definitions for the terms "credits" and "hours" so that school programs operating on the quarter, semester, or trimester system can be compared.
     (2) The standardized high school transcript shall include the highest scale score and level achieved in each content area on the high school Washington assessment of student learning or other high school measures successfully completed by the student as provided by section 104 of this act. Additionally, the transcript shall record all scholar designations as provided by section 101 of this act.
     (3) Transcripts are important documents to students who will apply for admission to postsecondary institutions of higher education. Transcripts are also important to students who will seek employment upon or prior to graduation from high school. It is recognized that student transcripts may be the only record available to employers in their decision-making processes regarding prospective employees. The superintendent of public instruction shall require school districts to inform annually all high school students that prospective employers may request to see transcripts and that the prospective employee's decision to release transcripts can be an important part of the process of applying for employment.

NEW SECTION.  Sec. 111   The superintendent of public instruction shall study the effect of the certificate of academic achievement requirement on dropout rates and report the findings to the legislature and the academic achievement and accountability commission by October 1, 2010. The superintendent of public instruction shall include any related recommendations for decreasing the dropout rate in the report.

NEW SECTION.  Sec. 201   ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - REPORT REQUIRED ON ASSESSMENTS AND OTHER OPTIONS FOR MEETING THE ESSENTIAL ACADEMIC LEARNING REQUIREMENTS IN SOCIAL STUDIES, THE ARTS, AND HEALTH AND FITNESS. (1) A comprehensive education involves the entire domain of human knowledge to participate productively in our democratic society. All Washington students should have some appreciation of mathematical and scientific principles and structures, a broad awareness of social, economic, and political systems and developments and an appreciation of the arts and humanities, and the elements of good personal health.
     (2) By September 1, 2004, the superintendent of public instruction, after consultation with parents, practicing classroom teachers and principals, education organizations, and other interested parties, shall report to the governor, the state board of education, and the house of representatives and senate education committees regarding state classroom-based assessment models, other assessment options, and/or other strategies approved by the superintendent of public instruction to assure continued support and attention to the essential academic learning requirements in social studies, the arts, and health and fitness in elementary, middle, and high schools. The options shall include a recommended timeline to implement those recommendations the legislature adopts. The options may include recommendations on the design, administration, scoring, and reporting of classroom or performance-based assessments for these content areas. The report shall outline progress regarding:
     (a) The development of the state classroom-based assessment models, other assessments, and/or other strategies;
     (b) Plans for staff development; and
     (c) The funding resources necessary to fully implement the recommendations.
     (3) All classroom-based assessment models shall be designed in consultation with practicing classroom teachers.
     (4) The classroom-based assessment models, other assessment options, and/or other strategies shall be available for voluntary use beginning with the 2005-06 school year.

NEW SECTION.  Sec. 202   ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - REPORTS REQUIRED ON THE ESSENTIAL ACADEMIC LEARNING REQUIREMENTS, THE RESULTS OF INDEPENDENT RESEARCH ON ALIGNMENT AND TECHNICAL REVIEW, AND THE FEASIBILITY OF RETURNING ASSESSMENT BEFORE THE END OF THE SCHOOL YEAR. (1) Subject to available funding, 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 results of independent research on the alignment and technical review of the reading, writing, and science content areas of the Washington assessment of student learning for elementary and middle grades and for high school. The review shall be comparable to the research conducted on the mathematics assessments and shall be reported in accordance with the following timelines:
     (a) In the content areas of reading and writing by November 1, 2005; 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, 2004, 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:
     ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS. By the end of the 2008-09 school year, school districts shall have in place in elementary schools, middle schools, and high schools assessments or other strategies to assure that students have an opportunity to learn the essential academic learning requirements in social studies, the arts, and health and fitness. Beginning with the 2008-09 school year, school districts shall annually submit an implementation verification report to the office of the superintendent of public instruction.

Sec. 204   RCW 28A.655.070 and 1999 c 388 s 501 are each amended to read as follows:
     ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - DUTIES OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (1) The superintendent of public instruction shall develop essential academic learning requirements that 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, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the academic achievement and accountability commission.
     (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 senate to 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) 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:
     (a) Information on classroom-based and other assessments that may provide additional achievement information for individual students; and
     (b) A collection of diagnostic tools that educators may use to evaluate the academic status of individual students. The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided in a format that may be easily shared with parents and 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 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:
     ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - DUTIES OF THE ACADEMIC ACHIEVEMENT AND ACCOUNTABILITY COMMISSION. 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, 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 to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature;
     (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   ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - RCW 28A.655.060 REPEALED. RCW 28A.655.060 (Essential academic learning requirements -- Statewide academic assessment system -- Certificate of mastery -- Educational pathways -- Accountability -- Reports and recommendations -- Washington commission on student learning, creation and expiration) and 2001 2nd sp.s. c 20 s 1, 1999 c 373 s 501, 1998 c 225 s 1, & 1997 c 268 s 1 are each repealed.

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, the remainder 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.