CERTIFICATION OF ENROLLMENT

ENGROSSED SECOND SUBSTITUTE SENATE BILL 5841

Chapter 400, Laws of 2007

(partial veto)

60th Legislature
2007 Regular Session



STUDENT LEARNING OPPORTUNITIES AND ACHIEVEMENT



EFFECTIVE DATE: 07/22/07

Passed by the Senate April 20, 2007
  YEAS 34   NAYS 14

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 17, 2007
  YEAS 62   NAYS 36

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE SENATE BILL 5841 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved May 9, 2007, 10:02 a.m., with the exception of sections 6 and 7 which are vetoed.







CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 11, 2007







Secretary of State
State of Washington


_____________________________________________ 

ENGROSSED SECOND SUBSTITUTE SENATE BILL 5841
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2007 Regular Session
State of Washington60th Legislature2007 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senators Hobbs, McAuliffe, Rockefeller, Tom, Oemig, Kauffman, Regala, Kohl-Welles and Rasmussen)

READ FIRST TIME 03/05/07.   



     AN ACT Relating to enhancing student learning opportunities and student achievement; amending RCW 28A.150.210; adding a new section to chapter 28A.150 RCW; adding new sections to chapter 28A.630 RCW; adding a new section to chapter 28A.215 RCW; adding a new section to chapter 28A.300 RCW; adding a new section to chapter 28A.155 RCW; creating new sections; and providing expiration dates.

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

Sec. 1   RCW 28A.150.210 and 1993 c 336 s 101 are each amended to read as follows:
     ((The goal of the Basic Education Act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:
     (1) Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and settings;
     (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; geography; arts; and health and fitness;
     (3) Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and
     (4) Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities.
)) The goal of the basic education act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible and respectful global citizens, to contribute to their economic well-being and that of their families and communities, to explore and understand different perspectives, and to enjoy productive and satisfying lives. Additionally, the state of Washington intends to provide for a public school system that is able to evolve and adapt in order to better focus on strengthening the educational achievement of all students, which includes high expectations for all students and gives all students the opportunity to achieve personal and academic success. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for every student to develop the knowledge and skills essential to:
     (1) Read with comprehension, write effectively, and communicate successfully in a variety of ways and settings and with a variety of audiences;
     (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history, including different cultures and participation in representative government; geography; arts; and health and fitness;
     (3) Think analytically, logically, and creatively, and to integrate different experiences and knowledge to form reasoned judgments and solve problems; and
     (4) Understand the importance of work and finance and how performance, effort, and decisions directly affect future career and educational opportunities.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.150 RCW to read as follows:
     ALL-DAY KINDERGARTEN PROGRAMS--FUNDING. (1) Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:
     (a) Provide at least a one thousand-hour instructional program;
     (b) Provide a curriculum that offers a rich, varied set of experiences that assist students in:
     (i) Developing initial skills in the academic areas of reading, mathematics, and writing;
     (ii) Developing a variety of communication skills;
     (iii) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;
     (iv) Acquiring large and small motor skills;
     (v) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group; and
     (vi) Learning through hands-on experiences;
     (c) Establish learning environments that are developmentally appropriate and promote creativity;
     (d) Demonstrate strong connections and communication with early learning community providers; and
     (e) Participate in kindergarten program readiness activities with early learning providers and parents.
     (2) Subject to funds appropriated for this purpose, the superintendent of public instruction shall designate one or more school districts to serve as resources and examples of best practices in designing and operating a high-quality all-day kindergarten program. Designated school districts shall serve as lighthouse programs and provide technical assistance to other school districts in the initial stages of implementing an all-day kindergarten program. Examples of topics addressed by the technical assistance include strategic planning, developing the instructional program and curriculum, working with early learning providers to identify students and communicate with parents, and developing kindergarten program readiness activities.
     (3) Any funds allocated to support all-day kindergarten programs under this section shall not be considered as basic education funding.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.630 RCW to read as follows:
     PRIMARY LEVEL EDUCATION PROJECTS. Subject to funds appropriated for the purposes of this section:
     (1) Four demonstration projects are authorized for schools serving kindergarten through third grade students to develop, implement, and document the effects of a comprehensive K-3 foundations program. At least two demonstration projects shall be in schools that are participating in the public- private early learning partnerships in the Highline and Yakima school districts. A third demonstration project shall be in the Spokane school district.
     (2) The superintendent of public instruction shall select project participants based on the criteria in this section, the commitment to a school-wide program, and the degree to which applicants articulate an understanding of development and implementation of a comprehensive K-3 foundations program.
     (3) Successful school applicants shall:
     (a) Demonstrate that there is engaged and committed school and district leadership and support for the project;
     (b) Demonstrate that school staff is engaged and committed and believes in high expectations for all students;
     (c) Have a history of successfully using data to guide decision making for students and the program;
     (d) Plan for the use of staff learning improvement days to support project implementation;
     (e) Demonstrate successful linkages with the early learning providers in their communities;
     (f) Outline the steps taken to develop this application and the general plan for implementation of a comprehensive K-3 foundations program; and
     (g) Commit to individualized learning opportunities in early grades by using district resources, such as funding under RCW 28A.505.210, to reduce class sizes in grades kindergarten through three.
     (4) Program resources provided to demonstration projects are:
     (a) Support to implement an all-day kindergarten program;
     (b) Support for class sizes at a ratio of one teacher to eighteen students, and the additional resources for materials generated by that ratio through associated nonemployee-related costs;
     (c) Support for a one-half full-time equivalent instructional coach; and
     (d) Support for professional development time related to program implementation.
     (5) Demonstration projects shall provide:
     (a) A program that implements an educational philosophy that supports child-centered learning;
     (b) Learning opportunities through personal exploration and discovery, hands-on experiences, and by working independently, in small groups and in large groups;
     (c) Rich and varied subject matter that includes: Reading, writing, mathematics, science, social studies, a world language other than English, the arts, and health and physical education;
     (d) Opportunities to learn and feel accomplishment, diligence, creativity, and confidence;
     (e) Social and emotional development opportunities;
     (f) Personalized assessment for each student that addresses academic knowledge and skill development, social and emotional skill development, critical thinking and decision-making skills, large and fine motor skill development, and knowledge of personal interests, strengths, and goals;
     (g) For students to progress to the upper elementary grades when a solid foundation is in place and reading and mathematics primary skills have been mastered;
     (h) Class sizes that do not exceed one certificated instructional staff to eighteen students; and
     (i) Cooperation with project evaluators in an evaluation of the demonstration projects, including providing the data necessary to complete the work.
     (6) The office of the superintendent of public instruction shall contract with the Northwest regional educational laboratory to conduct an evaluation of the demonstration projects under this section. Student, staff, program, and parent data shall be collected using various instruments including surveys, program and activity descriptions, student performance measures, observations, and other processes.
     (7) Within available funding, findings from the evaluation under this section shall include conclusions regarding the degree to which students thrive in the education environment; student progress in academic, social, and emotional areas; the program components that have been most important to student success; the degree to which educational staff feel accomplished in their work and satisfied with student progress; and recommendations for continued implementation and expansion of the program.
     (8) Findings shall be reported to the governor, the office of the superintendent of public instruction, and the appropriate early learning, education, and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009.
     (9) This section expires September 1, 2010.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.630 RCW to read as follows:
     ENGLISH AS A SECOND LANGUAGE PROJECTS. (1) The goals of the English as a second language demonstration project are to develop recommendations:
     (a) Identifying foundational competencies for developing academic English skills in English language learner students that all teachers should acquire in initial teacher preparation programs;
     (b) Identifying components of a professional development program that builds classroom teacher competence for developing academic English skills in English language learner students; and
     (c) Identifying job-embedded practices that connect the English language learner teacher and classroom teachers to coordinate instruction to support the work of the student.
     (2) The English as a second language demonstration project shall use two field strategies in the development of recommendations.
     (a) The first strategy is to conduct a field study of an ongoing project in a number of schools and school districts in which Spanish is the predominate language other than English.
     (b) The second strategy is to conduct a project that provides professional development and planning time resources to approximately three large schools in which there are many first languages among the students. The participants of this project shall partner with an institution of higher education or a professional development provider with expertise in supporting student acquisition of academic English. The superintendent of public instruction shall select the participants in the project under this subsection (2)(b).
     (3)(a) The office of the superintendent of public instruction shall contract with the Northwest regional educational laboratory to conduct the field study work and collect additional information from the project schools. In conducting its work, the laboratory shall review current literature regarding best practices and consult with state and national experts as appropriate.
     (b) The laboratory shall report its findings to the governor, the office of the superintendent of public instruction, and the education and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009.
     (4) This section expires September 1, 2010.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.215 RCW to read as follows:
     COMMUNITY LEARNING CENTER PROGRAM. (1) The Washington community learning center program is established. The program shall be administered by the office of the superintendent of public instruction. The purposes of the program include:
     (a) Supporting the creation or expansion of community learning centers that provide students with tutoring and educational enrichment when school is not in session;
     (b) Providing training and professional development for community learning center program staff;
     (c) Increasing public awareness of the availability and benefits of after-school programs; and
     (d) Supporting statewide after-school intermediary organizations in their efforts to provide leadership, coordination, technical assistance, advocacy, and programmatic support to after-school programs throughout the state.
     (2)(a) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction may provide community learning center grants to any public or private organization that meets the eligibility criteria of the federal twenty-first century community learning centers program.
     (b) Priority may be given to grant requests submitted jointly by one or more schools or school districts and one or more community-based organizations or other nonschool partners.
     (c) Priority may also be given to grant requests for after-school programs focusing on improving mathematics achievement, particularly for middle and junior high school students.
     (d) Priority shall be given to grant requests that:
     (i) Focus on improving reading and mathematics proficiency for students who attend schools that have been identified as being in need of improvement under section 1116 of Title I of the federal no child left behind act of 2001; and
     (ii) Include a public/private partnership agreement or proposal for how to provide free transportation for those students in need that are involved in the program.
     (3) Community learning center grant funds may be used to carry out a broad array of out-of-school activities that support and enhance academic achievement. The activities may include but need not be limited to:
     (a) Remedial and academic enrichment;
     (b) Mathematics, reading, and science education;
     (c) Arts and music education;
     (d) Entrepreneurial education;
     (e) Community service;
     (f) Tutoring and mentoring programs;
     (g) Programs enhancing the language skills and academic achievement of limited English proficient students;
     (h) Recreational and athletic activities;
     (i) Telecommunications and technology education;
     (j) Programs that promote parental involvement and family literacy;
     (k) Drug and violence prevention, counseling, and character education programs; and
     (l) Programs that assist students who have been truant, suspended, or expelled, to improve their academic achievement.
     (4) Each community learning center grant may be made for a maximum of five years. Each grant recipient shall report annually to the office of the superintendent of public instruction on what transportation services are being used to assist students in accessing the program and how those services are being funded. Based on this information, the office of the superintendent of public instruction shall compile a list of transportation service options being used and make that list available to all after-school program providers that were eligible for the community learning center program grants.
     (5) To the extent that funding is available for this purpose, the office of the superintendent of public instruction may provide grants or other support for the training and professional development of community learning center staff, the activities of intermediary after-school organizations, and efforts to increase public awareness of the availability and benefits of after-school programs.
     (6) Schools or school districts that receive a community learning center grant under this section may seek approval from the office of the superintendent of public instruction for flexibility to use a portion of their state transportation funds for the costs of transporting students to and from the community learning center program.
     (7) The office of the superintendent of public instruction shall evaluate program outcomes and report to the governor and the education committees of the legislature on the outcomes of the grants and make recommendations related to program modification, sustainability, and possible expansion. An interim report is due November 1, 2008. A final report is due December 1, 2009.

     *NEW SECTION.  Sec. 6   CAREER PATHWAYS PROGRAMS. (1) Subject to funds appropriated for this purpose, the superintendent of public instruction shall provide grants to support development of career pathways programs in high-demand fields. A portion of the appropriated funds shall be administered by an experienced nonprofit health organization and be used to create health care career pathways with geographically dispersed high school partnerships. The remaining funds shall be used to provide grants to geographically dispersed high school partnerships to create career pathways in the trades, mechanics and engineering, or other field identified by the partnership as high demand and appropriate to meet the workforce education needs in its region.
     (2) To be eligible for a grant, high schools must form partnerships of parents, students, special populations, academic and career and technical education teachers and administrators, workforce development faculty and administrators, career guidance and academic counselors, representatives of tech-prep consortia, local workforce development councils, representatives of local skill centers and local skills panels, apprenticeship councils, and business and labor organizations in the community.
     (3) Grant recipients must develop and implement a model curriculum for their selected career pathway. Grant funds shall be used for start-up costs, primarily for the development of the curriculum and assessments described in this section and for professional development for teachers. If sufficient funds remain, grant funds may be used to upgrade equipment within the program to meet industry standards.
     (4) A career pathways program shall:
     (a) Integrate core academic standards for reading, writing, and mathematics with high-quality career and technical preparation based on accepted industry standards in the field;
     (b) Incorporate secondary and postsecondary education elements;
     (c) Be coherent, sequenced, and articulated to community and technical college courses to provide high school students with dual credit for both high school graduation and college, and to prepare students to succeed in postsecondary education programs in the field;
     (d) Lead to an industry-recognized credential or certificate at the postsecondary level or an associate or baccalaureate degree; and
     (e) Emphasize projects and application of knowledge and skills and provide extensive opportunities for work-based learning and internships.
     (5) Students who are struggling with core academic skills, including the Washington assessment of student learning, shall receive supplemental assistance and instruction within the program, including assistance to create a career and technical collection of evidence as an alternative to the Washington assessment of learning.
     (6) Participants in a high-demand career pathways program should expect to complete a high school diploma and the appropriate courses in a high-quality career and technical program and graduate ready to pursue postsecondary education.
     (7) With assistance from the office of the superintendent of public instruction and the workforce training and education coordinating board, grant recipients shall develop end-of-program assessments for their high-demand career pathways program. The assessments shall be integrated to include academic, work readiness, and technical knowledge and skills. The legislature's intent is to use these assessments as prototypes for possible future additional alternative assessments for career and technical education students to demonstrate they meet the state's learning standards.
     (8) Grant recipients must develop a communications strategy for parents and students in other area high schools and middle schools to promote the model career pathways programs as a high-quality learning option for students and prepare plans for replication of the programs.
     (9) For the purposes of this section, "career pathways program" has the same meaning as a career and technical program of study under P.L. 109-270, the Carl D. Perkins career and technical education improvement act of 2006.
     (10) This section expires July 1, 2009.
     *Sec. 6 was vetoed. See message at end of chapter.

     *NEW SECTION.  Sec. 7   A new section is added to chapter 28A.300 RCW to read as follows:
     WORLD LANGUAGES. Subject to funds appropriated for this purpose, the superintendent of public instruction shall assign at least one full-time equivalent staff position within the office of the superintendent of public instruction to serve as the world language supervisor. The world language supervisor shall have the following duties and responsibilities:
     (1) Develop, conduct, and oversee professional development for teachers on grade level expectations, state and national standards, and best practices in instruction for world languages;
     (2) Provide technical assistance to schools in designing elementary and middle school language programs, selecting and designing high quality curriculum, and providing professional development;
     (3) Advise in the development of online world language courses;
     (4) Create a clearinghouse of information and materials to support high quality world language instruction at the elementary and secondary levels;
     (5) Secure and implement grants, including federal grants, to enhance world language programs;
     (6) Encourage and foster an articulated curriculum for world languages through elementary, secondary, and postsecondary grades;
     (7) Establish and maintain a state database for world language course offerings in schools and school districts;
     (8) Implement memoranda of understanding with ministries of education in other countries, including interviewing, selecting, securing visas for, and providing orientation for visiting teachers;
     (9) Serve in an advisory capacity on committees or work groups regarding teacher certification, advanced placement programs, and textbook publishing and selection; and
     (10) Serve as an education liaison with the business, trade, and economic development communities.
     *Sec. 7 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 8   A new section is added to chapter 28A.155 RCW to read as follows:
     SAFETY NET. The office of the superintendent of public instruction shall review and streamline the application process to access special education safety net funds, provide technical assistance to school districts, and annually survey school districts regarding improvements to the process.

NEW SECTION.  Sec. 9   Captions used in this act are not any part of the law.


         Passed by the Senate April 20, 2007.
         Passed by the House April 17, 2007.
         Approved by the Governor May 9, 2007, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 11, 2007.

     Note: Governor's explanation of partial veto is as follows:

"I am returning, without my approval as to Sections 6 and 7, Engrossed Second Substitute Senate Bill 5841 entitled:

     "AN ACT Relating to enhancing student learning opportunities and student achievement."

Sections 1 through 5 of this bill addresses changes to the basic education act goals and authorizes new programs to further student learning opportunities. Specifically, all day kindergarten, primary grade foundational programs, English language learners, and community learning opportunities are addressed. Each of the new programs are provided with implementing resources in the biennial operating budget.

Sections 6 and 7 of the bill, however, cannot be implemented. Those sections create a new career pathways program and a world languages supervisor within the Office of the Superintendent of Public Instruction (OSPI). Neither the program nor the OSPI supervisor were provided with financial support in the biennial operating budget. Additionally, a proposed duty supervisor to implement memoranda of understanding with ministries of education in other countries and conduct other related activities raises concerns about proper international relations protocol.

For these reasons, I have vetoed Sections 6 and 7 of Engrossed Second Substitute Senate Bill 5841.

With the exception of Sections 6 and 7, Engrossed Second Substitute Senate Bill 5841 is approved."