BILL REQ. #: H-2308.1

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SUBSTITUTE HOUSE BILL 2195
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State of Washington

58th Legislature

2003 Regular Session

By House Committee on Education (originally sponsored by Representatives McDermott, Talcott, Quall, Tom and Haigh)

READ FIRST TIME 03/05/03.

AN ACT Relating to state academic standards; amending RCW 28A.655.060 and 28A.655.070; adding new sections to chapter 28A.655 RCW; creating new sections; and providing an effective date.

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 state's system of academic standards shall include essential academic learning requirements and assessments of those requirements. The essential academic learning requirements shall be based on a set of principles that include, but need not be limited to, the following:
     (1) The essential academic learning requirements shall:
     (a) Address the student learning goals in RCW 28A.150.210;
     (b) Specify what children should know and be able to do through explicit, focused, prioritized, and sequential grade level content expectations;
     (c) Contain coherent and rigorous content;
     (d) Encourage the teaching of advanced skills; and
     (e) Differentiate, for educators, grade level content expectations that are likely to be assessed through the state administered Washington assessment of student learning, grade level content expectations that will be addressed through locally administered performance-based assessments, and grade level content expectations that may not be assessed through any formal means.
     (2) Grade level content expectations shall be:
     (a) Articulated over the grades as a sequence of expectations and performances that are logical, built with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline; and
     (b) Communicated to parents and educators in clear and straight-forward formats that explicitly describe the grade level content expectations that are likely to be included on the Washington assessment of student learning and the performances that students might be asked to use to demonstrate knowledge and skills for those expectations.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.655 RCW to read as follows:
     The assessment system for determining whether students have learned the essential academic learning requirements shall be based on a set of principles that include, but need not be limited to, the following:
     (1) The Washington assessment of student learning shall be an annual high-quality assessment that is aligned to state grade level content expectations and that is administered in the content areas of reading, writing, mathematics, science, and civics;
     (2) State or, at the option of school districts, locally developed and administered performance-based assessments shall be developed in content areas that include, but need not be limited to, social studies, the arts, and health and fitness. The assessments may include but need not be limited to classroom-based assessments, project-based assessments, end-of-course examinations, and multiyear content examinations;
     (3) The Washington assessment of student learning shall:
     (a) Be aligned with the state's essential academic learning requirements and grade level content expectations;
     (b) Involve multiple measures of student achievement, including measures that assess higher-order thinking skills and understanding;
     (c) Be used for purposes for which the assessment is valid and reliable and be consistent with relevant, nationally recognized professional and technical assessment standards; and
     (d) Be reported for each student:
     (i) By strand or by grade level content expectation;
     (ii) By September 2006, in a way that will allow parents and teachers to determine the academic gain a student has acquired in that content area from one school year to the next; and
     (iii) Within the constraints of the assessment system's item bank, with descriptive and coherent student performance information, including an itemized score analysis, so that parents, teachers, principals, and administrators can interpret and address the specific academic needs of the student for that content area.

NEW SECTION.  Sec. 3   The superintendent of public instruction shall report to the governor, the state board of education, and the house of representatives and senate education committees:
     (1) By January 12, 2004, on the steps, timelines, and resources needed to ensure that any assessment required to meet the provisions of the federal no child left behind act of 2001 will meet the requirements of section 2 of this act.
     (2) By May 1, 2004, on:
     (a) The office's review, prioritization, and identification, under section 6(13) of this act, of the essential academic learning requirements and grade level content expectations that will be assessed in the content areas of reading, writing, mathematics, and science on the Washington assessment of student learning; and
     (b) The results of independent research on alignment and technical review of the reading, writing, and science content areas of the Washington assessment of student learning for fourth and seventh grade and high school. The review shall be comparable to the research conducted on the mathematics assessments.
     (3) By November 30, 2004, 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.
     (4) By August 28, 2006, on the feasibility of identifying optional instructional materials that may be used to help students meet state academic standards. The instructional materials shall include textbooks and other materials that use international strategies and sequencing to help students achieve state standards. The materials shall also include:
     (a) Mathematics and science instructional materials from two or more countries in which students meet world class standards if the textbooks can be adapted for use in Washington schools; and
     (b) Instructional materials specifically designed to help students meet or exceed Washington's grade level content expectations in reading, writing, mathematics, and science.

NEW SECTION. Sec. 4 A new section is added to chapter 28A.655 RCW to read as follows:
The academic achievement and accountability commission shall review and adjust, if necessary, the cut scores needed to meet all grade level content standards on the Washington assessment of student learning. To assist in its deliberations, the commission shall seek advice from a committee that includes parents, practicing classroom teachers and principals, administrators, staff, legislators, and other interested parties. By November 30, 2006, the commission shall report to the governor, the superintendent of public instruction, the state board of education, and the house of representatives and senate education committees on the results of its review. In its report, the commission shall include a schedule for the regular review and adjustment of the cut scores.

Sec. 5   RCW 28A.655.060 and 2001 2nd sp.s. c 20 s 1 are each amended to read as follows:
     (1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessment and school accountability systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs, and to take other steps necessary to develop a performance-based education system. The commission shall include three members of the state board of education, three members appointed by the governor before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from statewide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational restructuring, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.
     (2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.
     (3) The commission, with the assistance of the advisory committees, shall:
     (a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;
     (b)(i) The commission and superintendent of public instruction shall develop a statewide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has learned the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be determined by the commission and the superintendent of public instruction in consultation with the advisory committees required in subsection (2) of this section.
     (ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not learned the essential academic learning requirements at the appropriate periods in the student's educational development.
     (iii) Assessments measuring the essential academic learning requirements shall be available for voluntary use by school districts and shall be required to be administered by school districts according to the following schedule unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements.

	Assessments available for voluntary use (School years)	Assessments required to be administered (School years)
Reading, Writing, ((~~Communication,~~)) Mathematics
- Elementary school	1996-97	1997-98
- Middle school	1997-98	2000-01
- High school	1998-99	2000-01
Science
- High school	2002-03	2003-04
- Middle school	2002-03	2003-04
- Elementary school	2003-04	2004-05
Communication
- Elementary school	1996-97
- Middle school	1997-98
- High school	1998-99
Social Studies
- Elementary, middle, and high school	2004-05	2007-08
Arts
- Middle and high school	2005-06	2008-09
- Elementary school	2005-06	2009-10
Health, Fitness
- Middle and high school	2005-06	2008-09
- Elementary school	2005-06	2009-10

     The completed assessments and assessments still in development shall be transferred by the commission on student learning to the superintendent of public instruction by June 30, 1999.
     (iv) To the maximum extent possible, the commission and the superintendent of public instruction shall integrate knowledge and skill areas in development of the assessments.
     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.
     (v) The commission on student learning may modify the essential academic learning requirements and the assessments, as needed, before June 30, 1999. The superintendent of public instruction may modify the essential academic learning requirements and the assessments, as needed, after June 30, 1999. The commission and 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.
     (vi) The commission and the superintendent of public instruction shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;
     (c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education. Any middle school, junior high school, or high school using educational pathways shall ensure that all participating students will continue to have access to the courses and instruction necessary to meet admission requirements at baccalaureate institutions. Students shall be allowed to enter the educational pathway of their choice. Before accepting a student into an educational pathway, the school shall inform the student's parent of the pathway chosen, the opportunities available to the student through the pathway, and the career objectives the student will have exposure to while pursuing the pathway. Parents and students dissatisfied with the opportunities available through the selected educational pathway shall be provided with the opportunity to transfer the student to any other pathway provided in the school. Schools may not develop educational pathways that retain students in high school beyond the date they are eligible to graduate, and may not require students who transfer between pathways to complete pathway requirements beyond the date the student is eligible to graduate;
     (d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;
     (e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;
     (f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;
     (g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;
     (h) Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:
     (i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and
     (ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;
     (i) Recommend to the legislature, governor, state board of education, and superintendent of public instruction:
     (i) A statewide accountability system to monitor and evaluate accurately and fairly at elementary, middle, and high schools the level of learning occurring in individual schools and school districts with regard to the goals included in RCW 28A.150.210 (1) through (4). The accountability system must assess each school individually against its own baseline, schools with similar characteristics, and schools statewide. The system shall include school-site, school district, and state-level accountability reports;
     (ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements as measured by performance on the elementary, middle school, and high school assessments;
     (iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements or meet the standards established for the elementary, middle school, and high school assessments; and
     (iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline, schools with similar characteristics, and the statewide average. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements and progress on meeting the statewide average. School staff shall determine how the awards will be spent.
     The commission shall make recommendations regarding a statewide accountability system for reading in grades kindergarten through four by November 1, 1997. Recommendations for an accountability system in the other subject areas and grade levels shall be made no later than June 30, 1999;
     (j) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and
     (k) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.
     (4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.
     (5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.
     (6) The commission shall select an entity to provide staff support and the office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.
     (7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (8)(a) By September 30, 1997, the commission on student learning, the state board of education, and the superintendent of public instruction shall jointly present recommendations to the education committees of the house of representatives and the senate regarding the high school assessments, the certificate of mastery, and high school graduation requirements.
     In preparing recommendations, the commission on student learning shall convene an ad hoc working group to address questions, including:
     (i) What type of document shall be used to identify student performance and achievement and how will the document be described?
     (ii) Should the students be required to pass the high school assessments in all skill and content areas, or only in select skill and content areas, to graduate?
     (iii) How will the criteria for establishing the standards for passing scores on the assessments be determined?
     (iv) What timeline should be used in phasing-in the assessments as a graduation requirement?
     (v) What options may be used in demonstrating how the results of the assessments will be displayed in a way that is meaningful to students, parents, institutions of higher education, and potential employers?
     (vi) Are there other or additional methods by which the assessments could be used to identify achievement such as endorsements, standards of proficiency, merit badges, or levels of achievement?
     (vii) Should the assessments and certificate of mastery be used to satisfy college or university entrance criteria for public school students? If yes, how should these methods be phased-in?
     (b) The ad hoc working group shall report its recommendations to the commission on student learning, the state board of education, and the superintendent of public instruction by June 15, 1997. The commission shall report the ad hoc working group's recommendations to the education committees of the house of representatives and senate by July 15, 1997. Final recommendations of the commission on student learning, the state board of education, and the superintendent of public instruction shall be presented to the education committees of the house of representatives and the senate by September 30, 1997.
     (9) The Washington commission on student learning shall expire on June 30, 1999.

Sec. 6   RCW 28A.655.070 and 1999 c 388 s 501 are each amended to read as follows:
     (1) The superintendent of public instruction shall identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, 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 periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210((.)), the principles in section 1 of this act, and on the following additional features:
     (a) Goals one and two shall be considered primary((.)); and
     (b) To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements.
     (3) 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 for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures and shall be based on the principles in section 2 of this act.
     (4) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
     (5) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
     (6) 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) 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) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
     (9) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
     (10) 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.
     (11) The superintendent, within six months after receipt of final scores, shall post on its web site the annual state technical report on the validity and reliability of the Washington assessment of student learning.
     (12) The superintendent, shall align reporting requirements for state purposes and for the determination of adequate yearly progress under federal law. The superintendent shall report the results on the Washington assessment of student learning only of those students whose enrollment in the district is continuous and uninterrupted from October 1st through the testing period, to the extent that the reporting limitation is permitted by federal law.
     (13) The superintendent shall review, prioritize, and identify the essential academic learning requirements and grade level content expectations that will be assessed on the Washington assessment of student learning and used for state and 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.

NEW SECTION. Sec. 7 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. 8 This act takes effect June 30, 2003.

NEW SECTION. Sec. 9 If specific funding for the purposes of this act, referencing this act by bill or chapter number is not provided by June 30, 2003, in the omnibus appropriations act, this act is null and void.

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