BILL REQ. #:  S-1250.1 

Read first time 02/14/2003.   Referred to Committee on Education.

     AN ACT Relating to abolishing the academic achievement and accountability commission; amending RCW 28A.300.130, 28A.305.285, 28A.505.210, 28A.650.015, 28A.655.030, and 28A.655.070; adding a new section to chapter 28A.655 RCW; repealing RCW 28A.655.020; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 28A.300.130 and 1999 c 388 s 401 are each amended to read as follows:
     (1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW ((28A.630.885)) 28A.655.060. The center shall work in conjunction with the ((academic achievement and accountability commission)) office of the superintendent of public instruction, educational service districts, institutions of higher education, and education, parent, community, and business organizations.
     (2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall:
     (a) ((Serve as a clearinghouse for the completed work and activities of the academic achievement and accountability commission;
     (b))) Serve as a clearinghouse for information regarding successful educational improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational improvement initiatives in Washington schools and districts;
     (((c))) (b) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve instruction of the essential academic learning requirements under section 701 of this act; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;
     (((d))) (c) Develop and distribute, in conjunction with the ((academic achievement and accountability commission)) office of the superintendent of public instruction, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;
     (((e))) (d) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;
     (((f))) (e) Develop and maintain an internet web site to increase the availability of information, research, and other materials;
     (((g))) (f) Take other actions to increase public awareness of the importance of parental and community involvement in education;
     (((h))) (g) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available and the broadened school board powers under RCW 28A.320.015;
     (((i))) (h) Provide training and consultation services, including conducting regional summer institutes;
     (((j))) (i) Address methods for improving the success rates of certain ethnic and racial student groups; and
     (((k))) (j) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.
     (3) The superintendent of public instruction((, after consultation with the academic achievement and accountability commission,)) shall select and employ a director for the center.
     (4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

Sec. 2   RCW 28A.305.285 and 1997 c 222 s 3 are each amended to read as follows:
     By May 1, 1994, or as soon as possible thereafter, the higher education coordinating board and the state board of education shall convene a task force creating a forum for ongoing discussion of curriculum issues that transect higher education and the common schools. In selecting members of the task force, the boards shall consult the office of the superintendent of public instruction, ((the commission on student learning,)) the state board for community and technical colleges, the work force training and education coordinating board, the Washington council on high school-college relations, representatives of the four-year institutions, representatives of the school directors, the school and district administrators, teachers, higher education faculty, students, counselors, vocational directors, parents, and other interested organizations. The process shall be designed to provide advice and counsel to the appropriate boards on topics that may include but are not limited to: (1) The changing nature of educational instruction and crediting, and awarding appropriate credit for knowledge and competencies learned in a variety of ways in both institutions of higher education and high schools; (2) options for students to enroll in programs and institutions that will best meet the students' needs and educational goals; and (3) articulation agreements between institutions of higher education and high schools.

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

Sec. 4   RCW 28A.650.015 and 1995 c 335 s 507 are each amended to read as follows:
     (1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan shall be updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address:
     (a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions;
     (b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of on-line information; and
     (c) Methods to equitably increase the use of education technology by students and school personnel throughout the state.
     (2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The state board of education, ((the commission on student learning,)) the department of information services, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work force training and education coordinating board, and the state library.

Sec. 5   RCW 28A.655.030 and 2002 c 37 s 1 are each amended to read as follows:
     The powers and duties of the ((academic achievement and accountability commission)) office of the superintendent of public instruction shall include, but are not limited to the following:
     (1) For purposes of statewide accountability, the ((commission)) office of the superintendent of public instruction shall:
     (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the ((commission)) office of the superintendent of public instruction 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)) office of the superintendent of public instruction 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)) office of the superintendent of public instruction shall adopt the goals by rule. However, before each goal is implemented, the ((commission)) office of the superintendent of public instruction shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
     (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and determine student scores that identify levels of student performance below and beyond the standard. The ((commission)) office of the superintendent of public instruction shall set such performance standards and levels ((in consultation with the superintendent of public instruction and)) after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;
     (c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend ((to the superintendent of public instruction)) schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:
     (i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the ((legislature under RCW 28A.655.050 and the commission)) office of the superintendent of public instruction 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)) office of the superintendent of public instruction 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)) office of the superintendent of public instruction 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)) office of the superintendent of public instruction. 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)) office of the superintendent of public instruction;
     (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)) office of the superintendent of public instruction;
     (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)) may enter into subcontracts, within the ((commission's)) office's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the ((commission)) office of the superintendent of public instruction in its deliberations; and
     (4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.

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)) its accountability recommendations and requests regarding assistance((,)) and 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. 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.
     (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.
     (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.

NEW SECTION.  Sec. 7   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The academic achievement and accountability commission is hereby abolished and its powers, duties, and functions are hereby transferred to the office of the superintendent of public instruction. All references to the executive director or the academic achievement and accountability commission in the Revised Code of Washington shall be construed to mean the superintendent of public instruction or the office of the superintendent of public instruction.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the academic achievement and accountability commission shall be delivered to the custody of the office of the superintendent of public instruction. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the academic achievement and accountability commission shall be made available to the office of the superintendent of public instruction. All funds, credits, or other assets held by the academic achievement and accountability commission shall be assigned to the office of the superintendent of public instruction.
     (b) Any appropriations made to the academic achievement and accountability commission shall, on the effective date of this section, be transferred and credited to the office of the superintendent of public instruction.
     (c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the academic achievement and accountability commission shall be continued and acted upon by the office of the superintendent of public instruction. All existing contracts and obligations shall remain in full force and shall be performed by the office of the superintendent of public instruction.
     (4) The transfer of the powers, duties, functions, and personnel of the academic achievement and accountability commission shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
     (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel resources board as provided by law.

NEW SECTION.  Sec. 8   RCW 28A.655.020 (Academic achievement and accountability commission) and 1999 c 388 s 101 are each repealed.

NEW SECTION.  Sec. 9   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 July 1, 2003.