BILL REQ. #:  S-1154.2 

Read first time 02/14/2007.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to alternative assessments; amending RCW 28A.655.061 and 28A.655.100; adding new sections to chapter 28A.655 RCW; providing expiration dates; and declaring an emergency.

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

Sec. 1   RCW 28A.655.061 and 2006 c 115 s 4 are each amended to read as follows:
     (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 if approved by the legislature pursuant to subsection (10) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments 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, a 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 RCW 28A.155.045, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
     (3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once, except as allowed under subsection (10)(c) of this section. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement.
     (4) Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.
     (5) 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 RCW 28A.155.045.
     (6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
     (7) Beginning in 2006, school districts must make available to students the following options:
     (a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
     (b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards 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.
     (8) Students who achieve the standard in a content area of the high school assessment 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)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments 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. Before any objective alternative assessments in addition to those authorized in RCW 28A.655.065 or (b) or (c) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution. Students meeting state standards by using the alternative assessment options authorized in (c) of this subsection must also retake the Washington assessment of student learning once after the tenth grade assessment and before graduation in the content area in which he or she did not meet standard on the tenth grade assessment. If a student meets standard on this retake, the student need not complete the remaining coursework as required by (c) of this subsection.
     (b) A student's score on the mathematics portion of the preliminary scholastic assessment test (PSAT), the scholastic assessment test (SAT), or the American college test (ACT) may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the mathematics standards for the certificate of academic achievement. The state board of education shall identify the scores students must achieve on the mathematics portion of the PSAT, SAT, or ACT to meet or exceed the state standard for mathematics. The state board of education shall identify the first scores by December 1, 2006, and thereafter may increase but not decrease the scores required for students to meet or exceed the state standard for mathematics.
     (c) A student who has taken the Washington assessment of student learning once but has not successfully met the state standards on one or more content areas required for the certificate of academic achievement may earn a certificate of academic achievement by completing at least two semesters of additional coursework. In determining what coursework and the amount of coursework that shall count towards attaining the certificate of academic achievement, the student and his or her parents or guardians shall meet with one of the student's classroom instructors for the content area in which the student failed to successfully meet standard and the student's guidance counselor, advisor, or mentor to develop the student learning plan as established in subsection (12) of this section and to develop the student's high school and beyond plan as established by state board of education rules. The following criteria shall be met in order for the coursework to count towards attaining the certificate of academic achievement;
     (i) The coursework taken shall contribute to the student achieving the competencies necessary to pursue the goals established in the student's high school and beyond plan;
     (ii) A student must obtain at least the equivalent of a C+ grade in each of the courses taken;
     (iii) The totality of the coursework must include instruction in each of the competencies in which the student failed to meet standard and the instructors and guidance counselor, advisor, or mentor shall specifically consider and discuss with the student whether career and technical education courses, online courses, or courses at skill centers could be used to meet the coursework requirements; and
     (iv) The student must maintain at least a seventy-five percent attendance rate in each of the courses. The instructor for the course may waive the attendance requirement for illness.
     (11) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
     (12) 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 (12).
     (a) Student learning 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 this subsection (12)(a) shall have a plan.
     (ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (12)(a) 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 student learning plan.
     (i) The parent or guardian of a student described in this subsection (12)(b) 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, 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.

Sec. 2   RCW 28A.655.100 and 1999 c 388 s 302 are each amended to read as follows:
     Each school district board of directors shall:
     (1)(a) Annually report to parents and to the community in a public meeting and annually report in writing the following information:
     (i) District-wide and school-level performance improvement goals including the three-year increase goals established in subsections (3) and (4) of this section;
     (ii) Student performance relative to the goals; and
     (iii) District-wide and school-level plans to achieve the goals, including curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the state standards;
     (b) Report annually in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and
     (c) Include the school-level goals, student performance relative to the goals, and a summary of school-level plans to achieve the goals in each school's annual school performance report under RCW 28A.655.110.
     (2) School districts in which ten or fewer students in the district or in a school in the district are eligible to be assessed in a grade level are not required to report numerical improvement goals and performance relative to the goals, but are required to report to parents and the community their plans to improve student achievement.
     (3) Beginning with the 2006-07 school year and through the 2011-12 school year, and in accordance with the accountability plan established by the state board of education under the authority of section 3 of this act, shall establish a three-year goal to increase the number of students who obtain a certificate of academic achievement or certificate of individual achievement and graduate in the 2009-10 school year and the yearly benchmarks to determine what progress is being made.
     (4) Beginning with the 2006-07 school year and through the 2011-12 school year, and in accordance with the accountability plan established by the state board of education under the authority of section 3 of this act, each school district shall direct each high school within the district to establish a three-year increase goal and yearly benchmarks.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The state board of education shall develop an accountability plan for use by schools and school districts in meeting the requirements of RCW 28A.655.100 (3) and (4) and shall develop and implement accountability measures for school districts and schools that do not meet the yearly progress benchmarks and the three-year increase goals. In developing accountability measures, the state board of education shall consider a range of intervention strategies for schools including, but not limited to, mandatory participation in the school improvement focused assistance program. The intervention strategies developed under this section shall be deemed to be authorized for the purposes of RCW 28A.305.130(4)(d).
     (2) This section expires December 31, 2012.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The Washington state institute for public policy shall review the alternative assessment created in RCW 28A.655.061(10)(c) for effectiveness in helping students who choose this alternative to increase achievement on the Washington assessment of student learning, graduate on time from high school, and, to the extent information is available, pursue a college or career pathway of their choice. The institute for public policy shall issue an initial report to the education committees of the legislature in December 2010, and a second report in December 2012.
     (2) This section expires December 31, 2012.

NEW SECTION.  Sec. 5   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.