BILL REQ. #:  H-5452.1 

     AN ACT Relating to placing limitations on alternative learning experiences in public schools; amending RCW 28A.150.262, 28A.150.305, and 28A.320.035; and adding a new section to chapter 28A.150 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.150 RCW to read as follows:
     (1) Except as provided under subsection (2) of this section, beginning with the 2010-11 school year, rules adopted by the superintendent of public instruction under RCW 28A.150.260 that define a full-time equivalent student for state funding purposes shall not permit a school district to report enrollment of students in grades kindergarten through six who are enrolled either on a part-time or full-time basis in alternative learning experiences. Except as provided under subsection (2) of this section, alternative learning experiences for students in grades kindergarten through six are not considered a course of study for purposes of counting enrolled students.
     (2) Subsection (1) of this section does not apply to a student with disabilities under chapter 28A.155 RCW if alternative learning experiences are determined through a properly formulated individualized education program to be the appropriate educational placement for the student.

Sec. 2   RCW 28A.150.262 and 2009 c 542 s 9 are each amended to read as follows:
     Under RCW 28A.150.260, the superintendent of public instruction shall revise the definition of a full-time equivalent student to include students who receive instruction through alternative learning experience online programs, but only for students enrolled in grades seven through twelve or students with disabilities as described in section 1(2) of this act. As used in this section, an "alternative learning experience online program" is a set of online courses or an online school program as defined in RCW 28A.250.010 that is delivered to students in whole or in part independently from a regular classroom schedule. The superintendent of public instruction has the authority to adopt rules to implement the revised definition beginning with the 2005-2007 biennium for school districts claiming state funding for the programs. The superintendent of public instruction has the authority to revise the rules to include only students enrolled in grades seven through twelve and students with disabilities as described in section 1(2) of this act beginning with the 2010-11 school year. The rules shall include but not be limited to the following:
     (1) Defining a full-time equivalent student under RCW 28A.150.260 or part-time student under RCW 28A.150.350 based upon the district's estimated average weekly hours of learning activity as identified in the student's learning plan, as long as the student is found, through monthly evaluation, to be making satisfactory progress; the rules shall require districts providing programs under this section to nonresident students to establish procedures that address, at a minimum, the coordination of student counting for state funding so that no student is counted for more than one full-time equivalent in the aggregate;
     (2) Requiring the board of directors of a school district offering, or contracting under RCW 28A.150.305 to offer, an alternative learning experience online program to adopt and annually review written policies for each program and program provider and to receive an annual report on its digital alternative learning experience online programs from its staff;
     (3) Requiring each school district offering or contracting to offer an alternative learning experience online program to report annually to the superintendent of public instruction on the types of programs and course offerings, and number of students participating;
     (4) Requiring completion of a program self-evaluation;
     (5) Requiring documentation of the district of the student's physical residence;
     (6) Requiring that supervision, monitoring, assessment, and evaluation of the alternative learning experience online program be provided by certificated instructional staff;
     (7) Requiring each school district offering courses or programs to identify the ratio of certificated instructional staff to full-time equivalent students enrolled in such courses or programs, and to include a description of their ratio as part of the reports required under subsections (2) and (3) of this section;
     (8) Requiring reliable methods to verify a student is doing his or her own work; the methods may include proctored examinations or projects, including the use of web cams or other technologies. "Proctored" means directly monitored by an adult authorized by the school district;
     (9) Requiring, for each student receiving instruction in an alternative learning experience online program, a learning plan that includes a description of course objectives and information on the requirements a student must meet to successfully complete the program or courses. The rules shall allow course syllabi and other additional information to be used to meet the requirement for a learning plan;
     (10) Requiring that the district assess the educational progress of enrolled students at least annually, using, for full-time students, the state assessment for the student's grade level and using any other annual assessments required by the school district. Part-time students shall also be assessed at least annually. However, part-time students who are either receiving home-based instruction under chapter 28A.200 RCW or who are enrolled in an approved private school under chapter 28A.195 RCW are not required to participate in the assessments required under chapter 28A.655 RCW. The rules shall address how students who reside outside the geographic service area of the school district are to be assessed;
     (11) Requiring that each student enrolled in the program have direct personal contact with certificated instructional staff at least weekly until the student completes the course objectives or the requirements in the learning plan. Direct personal contact is for the purposes of instruction, review of assignments, testing, evaluation of student progress, or other learning activities. Direct personal contact may include the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication;
     (12) Requiring state-funded public schools or public school programs whose primary purpose is to provide alternative learning experience online learning programs to receive accreditation through the Northwest association of accredited schools or another national, regional, or state accreditation program listed by the office of the superintendent of public instruction after consultation with the Washington coalition for online learning;
     (13) Requiring state-funded public schools or public school programs whose primary purpose is to provide alternative learning experience online learning to provide information to students and parents on whether or not the courses or programs: Cover one or more of the school district's learning goals or of the state's essential academic learning requirements or whether they permit the student to meet one or more of the state's or district's graduation requirements; and
     (14) Requiring that a school district that provides one or more alternative learning experience online courses to a student provide the parent or guardian of the student, prior to the student's enrollment, with a description of any difference between home-based education as described in chapter 28A.200 RCW and the enrollment option selected by the student. The parent or guardian shall sign documentation attesting to his or her understanding of the difference and the documentation shall be retained by the district and made available for audit.

Sec. 3   RCW 28A.150.305 and 2002 c 291 s 1 are each amended to read as follows:
     (1) The board of directors of school districts may contract with alternative educational service providers for eligible students. Alternative educational service providers that the school district may contract with include, but are not limited to:
     (a) Other schools;
     (b) Alternative education programs not operated by the school district;
     (c) Education centers;
     (d) Skills centers;
     (e) The Washington national guard youth challenge program;
     (f) Dropout prevention programs; or
     (g) Other public or private organizations, excluding sectarian or religious organizations.
     (2) Eligible students include students who are likely to be expelled or who are enrolled in the school district but have been suspended, are academically at risk, or who have been subject to repeated disciplinary actions due to behavioral problems. Beginning with the 2010-11 school year, eligible students do not include students enrolled in grades kindergarten through six for purposes of an alternative learning experience, except for students with disabilities as described in section 1(2) of this act if the contractor is an agency approved under RCW 28A.155.060.
     (3) If a school district board of directors chooses to initiate specialized programs for students at risk of expulsion or who are failing academically by contracting out with alternative educational service providers identified in subsection (1) of this section, the school district board of directors and the organization must specify the specific learning standards that students are expected to achieve. Placement of the student shall be jointly determined by the school district, the student's parent or legal guardian, and the alternative educational service provider.
     (4) For the purpose of this section, the superintendent of public instruction shall adopt rules for reporting and documenting enrollment. Students may reenter at the grade level appropriate to the student's ability. Students who are sixteen years of age or older may take the GED test.
     (5) The board of directors of school districts may require that students who would otherwise be suspended or expelled attend schools or programs listed in subsection (1) of this section as a condition of continued enrollment in the school district.

Sec. 4   RCW 28A.320.035 and 1997 c 267 s 1 are each amended to read as follows:
     (1) The board of directors of a school district may contract with other school districts, educational service districts, public or private organizations, agencies, schools, or individuals to implement the board's powers and duties. The board of directors of a school district may contract for goods and services, including but not limited to contracts for goods and services as specifically authorized in statute or rule, as well as other educational, instructional, and specialized services. When a school district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract must be to improve student learning or achievement.
     (2) A contract under ((subsection (1) of)) this section may not be made with a religious or sectarian organization or school where the contract would violate the state or federal Constitution.
     (3) Beginning with the 2010-11 school year, a contract under this section may not be made to provide alternative learning experiences for students enrolled in grades kindergarten through six, except for students with disabilities as described in of section 1(2) of this act if the contractor is an agency approved under RCW 28A.155.060.