ESSB 6604 -
By Committee on Education
ADOPTED AND ENGROSSED 03/03/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 28A.655.061 and 2009 c 524 s 5 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 or 28A.655.0611, 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 taken the
Washington assessment of student learning at least once. 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 no later than with the graduating class of 2013, 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. The state board of education may adopt a rule that
implements the requirements of this subsection (4) beginning with a
graduating class before the graduating class of 2013, if the state
board of education adopts the rule by September 1st of the freshman
school year of the graduating class to which the requirements of this
subsection (4) apply. The state board of education's authority under
this subsection (4) does not alter the requirement that any change in
performance standards for the tenth grade assessment must comply with
RCW 28A.305.130.
(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) 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) 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' scores,
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) 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.
(b)(i) A student's score on the mathematics, reading or English, or
writing portion of the SAT or the ACT may be used as an objective
alternative assessment under this section for demonstrating that a
student has met or exceeded the state standards for the certificate of
academic achievement. The state board of education shall identify the
scores students must achieve on the relevant portion of the SAT or ACT
to meet or exceed the state standard in the relevant content area on
the Washington assessment of student learning. The state board of
education shall identify the first scores by December 1, 2007. After
the first scores are established, the state board may increase but not
decrease the scores required for students to meet or exceed the state
standards.
(ii) Until August 31, 2008, a student's score on the mathematics
portion of the PSAT may be used as an objective alternative assessment
under this section for demonstrating that a student has met or exceeded
the state standard for the certificate of academic achievement. The
state board of education shall identify the score students must achieve
on the mathematics portion of the PSAT to meet or exceed the state
standard in that content area on the Washington assessment of student
learning.
(iii) A student who scores at least a three on the grading scale of
one to five for selected AP examinations may use the score as an
objective alternative assessment under this section for demonstrating
that a student has met or exceeded state standards for the certificate
of academic achievement. A score of three on the AP examinations in
calculus or statistics may be used as an alternative assessment for the
mathematics portion of the Washington assessment of student learning.
A score of three on the AP examinations in English language and
composition may be used as an alternative assessment for the writing
portion of the Washington assessment of student learning. A score of
three on the AP examinations in English literature and composition,
macroeconomics, microeconomics, psychology, United States history,
world history, United States government and politics, or comparative
government and politics may be used as an alternative assessment for
the reading portion of the Washington assessment of student learning.
(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 and notify students and their parents or legal guardians 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)) state assessment ((for student
learning)) during the previous school year or who may not be on track
to graduate due to credit deficiencies or absences. The parent or
legal guardian shall be notified about the information in the student
learning plan, preferably through a parent conference and at least
annually. To the extent feasible, schools serving English language
learner students and their parents shall translate the plan into the
primary language of the family. The plan shall include the following
information as applicable:
(((i))) (a) The student's results on the ((Washington)) state
assessment ((of student learning));
(((ii))) (b) If the student is in the transitional bilingual
program, the score on his or her Washington language proficiency test
II;
(((iii))) (c) Any credit deficiencies;
(((iv))) (d) The student's attendance rates over the previous two
years;
(((v))) (e) The student's progress toward meeting state and local
graduation requirements;
(((vi))) (f) The courses, competencies, and other steps needed to
be taken by the student to meet state academic standards and stay on
track for graduation;
(((vii))) (g) Remediation strategies and alternative education
options available to students, including informing students of the
option to continue to receive instructional services after grade twelve
or until the age of twenty-one;
(((viii))) (h) The alternative assessment options available to
students under this section and RCW 28A.655.065;
(((ix))) (i) School district programs, high school courses, and
career and technical education options available for students to meet
graduation requirements; and
(((x))) (j) Available programs offered through skill centers or
community and technical colleges, including the college high school
diploma options under RCW 28B.50.535.
(((b) 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 the student 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.225.015 and 1999 c 319 s 6 are each amended to
read as follows:
(1) If a parent enrolls a child who is six or seven years of age in
a public school, the child is required to attend and that parent has
the responsibility to ensure the child attends for the full time that
school is in session. An exception shall be made to this requirement
for children whose parents formally remove them from enrollment if the
child is less than eight years old and a petition has not been filed
against the parent under subsection (3) of this section. The
requirement to attend school under this subsection does not apply to a
child enrolled in a public school part-time for the purpose of
receiving ancillary services. A child required to attend school under
this subsection may be temporarily excused upon the request of his or
her parent for purposes agreed upon by the school district and parent.
(2) If a six or seven year-old child is required to attend public
school under subsection (1) of this section and that child has
unexcused absences, the public school in which the child is enrolled
((shall)) may:
(a) Inform the child's custodial parent, parents, or guardian by a
notice in writing, by e-mail, or by telephone whenever the child has
failed to attend school after one unexcused absence within any month
during the current school year;
(b) Request a conference or conferences to be conducted by
telephone or in person with the custodial parent, parents, or guardian
and child at a time reasonably convenient for all persons included for
the purpose of analyzing the causes of the child's absences after two
unexcused absences within any month during the current school year. If
a regularly scheduled parent-teacher conference day is to take place
within thirty days of the second unexcused absence, then the school
district may schedule this conference on that day; and
(c) Take steps to eliminate or reduce the child's absences. These
steps ((shall)) may include, where appropriate, adjusting the child's
school program or school or course assignment, providing more
individualized or remedial instruction, offering assistance in
enrolling the child in available alternative schools or programs, or
assisting the parent or child to obtain supplementary services that may
help eliminate or ameliorate the cause or causes for the absence from
school.
(3) If a child required to attend public school under subsection
(1) of this section has seven unexcused absences in a month or ten
unexcused absences in a school year, the school district ((shall)) may
file a petition for civil action as provided in RCW 28A.225.035 against
the parent of the child.
(4) This section does not require a six or seven year old child to
enroll in a public or private school or to receive home-based
instruction. This section only applies to six or seven year old
children whose parents enroll them full time in public school and do
not formally remove them from enrollment as provided in subsection (1)
of this section.
Sec. 3 RCW 28A.225.020 and 2009 c 266 s 1 are each amended to
read as follows:
(1) If a child required to attend school under RCW 28A.225.010
fails to attend school without valid justification, the public school
in which the child is enrolled shall take the following actions if the
child is enrolled in the sixth grade or above, and may take the
following actions if the child is enrolled in the fifth grade or below:
(a) Inform the child's custodial parent, parents, or guardian by a
notice in writing, by e-mail, or by telephone whenever the child has
failed to attend school after one unexcused absence within any month
during the current school year. School officials shall inform the
parent of the potential consequences of additional unexcused absences.
If the custodial parent, parents, or guardian is not fluent in English,
the preferred practice is to provide this information in a language in
which the custodial parent, parents, or guardian is fluent; and
(b) Schedule a conference or conferences to be conducted by
telephone or in person with the custodial parent, parents, or guardian
and child at a time reasonably convenient for all persons included for
the purpose of analyzing the causes of the child's absences after two
unexcused absences within any month during the current school year. If
a regularly scheduled parent-teacher conference day is to take place
within thirty days of the second unexcused absence, then the school
district may schedule this conference on that day((; and)).
(((c))) (2) The school may also take steps to eliminate or reduce
the child's absences. These steps ((shall)) may include, where
appropriate, adjusting the child's school program or school or course
assignment, providing more individualized or remedial instruction,
providing appropriate vocational courses or work experience, referring
the child to a community truancy board, if available, requiring the
child to attend an alternative school or program, or assisting the
parent or child to obtain supplementary services that might eliminate
or ameliorate the cause or causes for the absence from school. If the
child's parent does not attend the scheduled conference, the conference
may be conducted with the student and school official. However, the
parent shall be notified of the steps to be taken to eliminate or
reduce the child's absence.
(((2))) (3) For purposes of this chapter, an "unexcused absence"
means that a child:
(a) Has failed to attend the majority of hours or periods in an
average school day or has failed to comply with a more restrictive
school district policy; and
(b) Has failed to meet the school district's policy for excused
absences.
(((3))) (4) If a child transfers from one school district to
another during the school year, the receiving school or school district
shall include the unexcused absences accumulated at the previous school
or from the previous school district for purposes of this section, RCW
28A.225.030, and 28A.225.015.
Sec. 4 RCW 28A.225.025 and 2009 c 266 s 2 are each amended to
read as follows:
(1) For purposes of this chapter, "community truancy board" means
a board composed of members of the local community in which the child
attends school. Juvenile courts may establish and operate community
truancy boards. If the juvenile court and the school district agree,
a school district may establish and operate a community truancy board
under the jurisdiction of the juvenile court. Juvenile courts may
create a community truancy board or may use other entities that exist
or are created, such as diversion units. However, a diversion unit or
other existing entity must agree before it is used as a truancy board.
Duties of a community truancy board shall include, but not be limited
to, recommending methods for improving school attendance such as
assisting the parent or the child to obtain supplementary services that
might eliminate or ameliorate the causes for the absences or suggesting
to the school district that the child enroll in another school, an
alternative education program, an education center, a skill center, a
dropout prevention program, or another public or private educational
program.
(2) The legislature finds that utilization of community truancy
boards, or other diversion units that fulfill a similar function, is
the preferred means of intervention when preliminary methods of notice
and parent conferences and taking appropriate steps to eliminate or
reduce unexcused absences have not been effective in securing the
child's attendance at school. The legislature intends to encourage and
support the development and expansion of community truancy boards and
other diversion programs which are effective in promoting school
attendance and preventing the need for more intrusive intervention by
the court. ((Operation of a school truancy board does not excuse a
district from the obligation of filing a petition within the
requirements of RCW 28A.225.015(3).))
Sec. 5 RCW 28A.225.030 and 1999 c 319 s 2 are each amended to
read as follows:
(1) If a child is required to attend school under RCW 28A.225.010
and ((if)) the ((actions taken by a)) school district takes actions
under RCW 28A.225.020 that are not successful in substantially reducing
an enrolled student's absences from public school, not later than the
seventh unexcused absence by a child within any month during the
current school year, or not later than the tenth unexcused absence
during the current school year the school district ((shall)) may file
a petition and supporting affidavit for a civil action with the
juvenile court alleging a violation of RCW 28A.225.010: (a) By the
parent; (b) by the child; or (c) by the parent and the child. Except
as provided in this subsection, no additional documents need be filed
with the petition.
(2) The district ((shall not later than)) may, after the fifth
unexcused absence in a month:
(a) Enter into an agreement with a student and parent that
establishes school attendance requirements;
(b) Refer a student to a community truancy board, if available, as
defined in RCW 28A.225.025. The community truancy board shall enter
into an agreement with the student and parent that establishes school
attendance requirements and take other appropriate actions to reduce
the child's absences; or
(c) File a petition under subsection (1) of this section.
(3) The petition may be filed by a school district employee who is
not an attorney.
(4) If the school district ((fails to)) does not file a petition
under this section, the parent of a child with five or more unexcused
absences in any month during the current school year or upon the tenth
unexcused absence during the current school year may file a petition
with the juvenile court alleging a violation of RCW 28A.225.010.
(5) Petitions filed under this section may be served by certified
mail, return receipt requested. If such service is unsuccessful, or
the return receipt is not signed by the addressee, personal service is
required.
Sec. 6 RCW 28A.225.151 and 1996 c 134 s 5 are each amended to
read as follows:
(1) As required under subsection (2) of this section, ((each
school)) if a school takes additional actions provided in RCW
28A.225.030, it shall document the actions taken ((under RCW
28A.225.030)) and report this information to the school district
superintendent who shall compile the data for all the schools in the
district and prepare an annual school district report for each school
year and submit the report to the superintendent of public instruction.
The reports shall be made upon forms furnished by the superintendent of
public instruction and shall be transmitted as determined by the
superintendent of public instruction.
(2) The reports under subsection (1) of this section shall include:
(a) The number of enrolled students and the number of unexcused
absences;
(b) Documentation of the steps taken by the school district under
each subsection of RCW 28A.225.020 at the request of the superintendent
of public instruction. Each year, by May 1st, the superintendent of
public instruction shall select ten school districts to submit the
report at the end of the following school year. The ten districts
shall represent different areas of the state and be of varied sizes.
In addition, the superintendent of public instruction shall require any
district that fails to keep appropriate records to submit a full report
to the superintendent of public instruction under this subsection. All
school districts shall document steps taken under RCW 28A.225.020 in
each student's record, and make those records available upon request
consistent with the laws governing student records;
(c) The number of enrolled students with ten or more unexcused
absences in a school year or five or more unexcused absences in a month
during a school year;
(d) A description of any programs or schools developed to serve
students who have had five or more unexcused absences in a month or ten
in a year including information about the number of students in the
program or school and the number of unexcused absences of students
during and after participation in the program. The school district
shall also describe any placements in an approved private nonsectarian
school or program or certified program under a court order under RCW
28A.225.090; and
(e) The number of petitions filed by a school district with the
juvenile court.
(3) A report required under this section shall not disclose the
name or other identification of a child or parent.
(4) The superintendent of public instruction shall collect these
reports from all school districts and prepare an annual report for each
school year to be submitted to the legislature no later than December
15th of each year.
NEW SECTION. Sec. 7 Sections 2 through 6 of this act take effect
July 1, 2010."
Correct the title.