BILL REQ. #:  H-5002.1 

READ FIRST TIME 02/03/10.   

     AN ACT Relating to high school mathematics and science graduation requirements; amending RCW 28A.655.0611 and 28A.655.061; adding a new section to chapter 28A.655 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   The legislature finds that major changes recently have been made in the state's K-12 mathematics and science standards and assessments. These changes will require significant adjustments to what teachers must teach, to expectations of what students should know, to which instructional materials should be used, and to how students are assessed.
     The legislature further finds that the new mathematics end-of-course tests are under development and will not be administered until spring 2011. Many students in the classes of 2013 and 2014 will have already taken algebra I or integrated mathematics I at least one or two years before these tests are available.
     The legislature further finds that a decision has not yet been made whether to continue with a comprehensive science assessment or move to end-of-course assessments. This decision is fundamental to the timeline and instructional strategies needed for implementing the science graduation requirement.
     The legislature further finds that the courts have consistently ruled that states may require students to pass state-level assessments to graduate, but must ensure that the assessments are reliable and valid and that students have had an adequate opportunity to learn the skills and knowledge being assessed.
     It is therefore the intent of the legislature to postpone when high school students must meet the high school mathematics and science standards as a graduation requirement. This postponement will allow time for teachers to understand and apply the new standards and to obtain and use aligned instructional materials. It will also provide the time required for the assessments to be developed and administered in the year in which students actually complete the specific mathematics or science course being assessed, and ensure students will have an opportunity to learn the mathematics and science assessments being assessed.

Sec. 101   RCW 28A.655.0611 and 2009 c 17 s 1 are each amended to read as follows:
     (1) Beginning with the graduating class of 2008 and through no later than the graduating class of ((2012)) 2014, students may graduate from high school without earning a certificate of academic achievement or a certificate of individual achievement if they:
     (a) Have not successfully met the mathematics standard on the high school Washington assessment of student learning, an approved objective alternative assessment, or an alternate assessment developed for eligible special education students;
     (b) Have successfully met the state standard in the other content areas required for a certificate under RCW 28A.655.061 or 28A.155.045;
     (c) Have met all other state and school district graduation requirements; and
     (d)(i) For the graduating class of 2008, successfully earn one high school mathematics credit or career and technical course equivalent, including courses offered at skill centers, after the student's eleventh grade year intended to increase the student's mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning; and
     (ii) For the remaining graduating classes under this section, successfully earn two mathematics credits or career and technical course equivalent, including courses offered at skill centers, after the student's tenth grade year intended to increase the student's mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning.
     (2) ((The state board of education may adopt a rule that ends the application of this section with a graduating class before the graduating class of 2012, if the state board of education adopts the rule by September 1st of the freshman school year of the graduating class to which the provisions of this section no longer apply. The state board of education's authority under this section does not alter the requirement that any change in performance standards for the tenth grade assessment must comply with RCW 28A.305.130.))
     (3) This section expires August 31, ((2013)) 2015.

Sec. 201   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)) 2017, a student must meet the state standards in science on at least two of the science end-of-course assessments in section 202 of this act 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)) twice per year 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)) twice per year 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. A score of three on the AP examinations in biology, chemistry, physics, or environmental sciences may be used as an alternative assessment for the science 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))) (11).
     (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 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) The student's results on the Washington assessment of student learning;
     (ii) If the student is in the transitional bilingual program, the score on his or her Washington language proficiency test II;
     (iii) Any credit deficiencies;
     (iv) The student's attendance rates over the previous two years;
     (v) The student's progress toward meeting state and local graduation requirements;
     (vi) 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) 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) The alternative assessment options available to students under this section and RCW 28A.655.065;
     (ix) School district programs, high school courses, and career and technical education options available for students to meet graduation requirements; and
     (x) 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.

NEW SECTION.  Sec. 202   A new section is added to chapter 28A.655 RCW to read as follows:
     In consultation with the state board of education, the superintendent of public instruction shall develop statewide end-of-course assessments for biology, physical sciences, and earth sciences that measure student achievement of the state science standards in these content areas and in the cross-cutting principles that pertain to all science disciplines, such as systems, inquiry, and application. The superintendent shall take steps to ensure that the language of the assessments is responsive to a diverse student population. The first two of these assessments shall be implemented statewide in the 2011-12 school year. The third of these assessments shall be implemented statewide in the 2012-13 school year.

NEW SECTION.  Sec. 203   By December 1, 2013, the superintendent of public instruction, in consultation with the state board of education, shall submit a report to the governor and education committees of the house of representatives and senate on the implementation of the science standards and the end-of-course science assessments. The report shall include the actions that were taken to disseminate the high school science standards to high school science teachers, to what extent teachers and students had access to aligned instructional materials, and the results of the assessments. In addition, the report shall include whether, in the judgment of the superintendent, the assessments will be sufficiently valid and reliable and whether students in the class of 2017 will have a reasonable opportunity to learn the standards being measured on the assessments. Based on these findings, the superintendent shall make a recommendation whether students in the class of 2017 should be required to meet one or more of the standards on the science assessments to graduate or whether the requirement should be postponed.