BILL REQ. #:  S-1111.1 

Read first time 01/27/09.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to establishing a statewide dropout reengagement system; amending RCW 28A.310.180, 28A.305.190, 28B.50.030, 28B.50.535, and 28B.15.067; adding new sections to chapter 28A.175 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) In every school district there are older youth who have become disengaged with the traditional education program of public high schools. They may have failed multiple classes and are far behind in accumulating credits to graduate. They do not see a high school diploma as an achievable goal. They may have dropped out of school entirely. They are not likely to become reengaged in their education by the prospect of reenrollment in a traditional or even an alternative high school.
     (2) For many years, school districts, community and technical colleges, and community-based organizations have created partnerships to provide appropriate educational programs for these students. Programs such as career education options and career link have successfully offered individualized academic instruction, case management support, and career-oriented skills in an age-appropriate learning environment to hundreds of disengaged older youth. Preparation for the GED test is provided but is not the end goal for students.
     (3) However, in recent years, many of these partnerships have ceased to operate. The laws and rules authorizing school districts to contract using basic education allocations do not provide sufficient guidance and instead present barriers. Program providers are forced to adapt to rules that were not written to address the needs of the students being served. Questions and concerns about liability, responsibility, and administrative burden have caused districts reluctantly to abandon their partnerships, and consequently leave hundreds of students without a viable alternative for continuing their public education.
     (4) Therefore the legislature intends to provide a statutory framework to support a statewide dropout reengagement system for older youth. The framework clarifies, simplifies, and standardizes funding, programs, and administration by creating statewide model contracts and interlocal agreements and by directing educational service districts to act as brokers and managers on behalf of individual school districts and with program providers. It is the legislature's intent to encourage school districts, community and technical colleges, and community-based organizations to participate in this system and provide appropriate instruction and services to reengage older students and help them make progress toward a meaningful credential and career skills. Alternatively, school districts may provide dropout reengagement programs on their own or through separate contracts or interlocal agreements. It is critical that school districts assure that some form of appropriate education and services are made available to disengaged older youth.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.175 RCW to read as follows:
     (1) Sections 2 through 6 of this act create a statewide dropout reengagement system to provide appropriate educational opportunities and access to services for students aged sixteen to twenty-one who have dropped out of high school or are not accumulating sufficient credits to reasonably complete a high school diploma in a public school before the age of twenty-one.
     (2) Each school district must:
     (a) Enter into a model interlocal agreement with the educational service district in which the school district is located that authorizes the educational service district to oversee dropout reengagement programs on behalf of the school district for eligible students residing in the school district;
     (b) Make available to eligible students, either directly or through a contract or interlocal agreement separately entered into by the district, a dropout reengagement program that is similar to an eligible program as defined under section 3 of this act; or
     (c) Offer dropout reengagement programs to eligible students through the mechanisms of both (a) and (b) of this subsection.
     (2) Each educational service district shall oversee a dropout reengagement system in its district as provided under section 5 of this act. Educational service districts shall enter into model interlocal agreements with community and technical colleges and contract with community-based organizations to provide eligible dropout reengagement programs and shall serve as contract and agreement managers and brokers on behalf of school districts that enter into model interlocal agreements with the educational service district.
     (3) An educational service district may enter into interlocal or cooperative agreements to provide special education or related services on behalf of a resident school district to eligible students with disabilities who are enrolled in a dropout reengagement program, but the educational service district shall maintain management and staffing of these agreements separately from the model interlocal agreements and contracts under subsection (2) of this section to avoid any conflict of interest when the educational service district is acting both as a contract manager and monitor and as a service provider.
     (4) This section does not affect the authority of school districts to contract for educational services under RCW 28A.150.305 and 28A.320.035.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.175 RCW to read as follows:
     As used in sections 2 through 6 of this act, unless the context clearly requires otherwise:
     (1) "Eligible student" means a student who:
     (a) Is at least sixteen but less than twenty-one years of age at the beginning of the school year;
     (b) Is not accumulating sufficient credits toward a high school diploma to reasonably complete a high school diploma from a public school before the age of twenty-one or is recommended for the program by case managers from the department of social and health services or the juvenile justice system; and
     (c) Is enrolled or enrolls in the school district in which the student resides.
     (2) "Eligible program" means a dropout reengagement program that offers the following instruction and services:
     (a) Academic instruction, including but not limited to GED preparation, academic skills instruction, and college and work readiness preparation, that generates credits that can be applied to a high school diploma from the student's school district or from a community or technical college under RCW 28B.50.535 and has the goal of enabling the student to obtain the academic and work readiness skills necessary for employment or postsecondary study. An eligible program is not required to offer instruction in only those subject areas where a student is deficient in accumulated credits. Academic instruction must be provided by teachers certified by the Washington professional educator standards board or by instructors employed by a community or technical college whose required credentials are established by the college;
     (b) Case management, academic and career counseling, and assistance with accessing services and resources that support at-risk youth and reduce barriers to educational success; and
     (c) If the program provider is a community or technical college, the opportunity for qualified students to enroll in college courses that lead to a postsecondary degree or certificate. The college may not charge an eligible student tuition for such enrollment.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.175 RCW to read as follows:
     (1) The office of the superintendent of public instruction shall adopt rules to implement section 3 of this act, including:
     (a) Establishing common minimum requirements for eligible students including a definition of "insufficient credits to reasonably complete a high school diploma"; and     
     (b) Establishing minimum instructional staffing ratios for eligible programs offered by community-based organizations. The staffing ratios for dropout reengagement programs are not required to be the same as for other basic education programs in school districts.
     (2) The office of the superintendent of public instruction shall develop nonregulatory guidance that describes dropout reengagement programs that are similar to eligible programs, to provide guidance to school districts that choose to offer programs directly or through a separate contract or interlocal agreement. The legislature's intent is to provide school districts with flexibility to design and offer programs of their choosing.
     (3) When adopting rules under this section and section 6 of this act and developing model contracts and interlocal agreements under section 5 of this act, the office of the superintendent of public instruction shall consult with the state board for community and technical colleges, the workforce training and education coordinating board, colleges and community-based organizations that have previously offered dropout reengagement programs, school districts, and educational service districts.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.175 RCW to read as follows:
     (1) The office of the superintendent of public instruction shall develop statewide model contracts and interlocal agreements for the dropout reengagement system. Interlocal agreements between school districts and educational service districts under section 2 of this act, as well as contracts and interlocal agreements between educational service districts and dropout reengagement program providers, shall be based on the model contracts and interlocal agreements. The model contracts and agreements shall include performance measures that must be reported in a common format for purposes of accountability.
     (2) Under a model interlocal agreement, school districts shall:
     (a) Enroll and refer to the educational service district eligible students residing in the district who the school district determines would benefit from a dropout reengagement program. If a school district determines that a program offered by the district other than the dropout reengagement program would be more appropriate for an otherwise eligible student, the district may counsel the student to enroll in the other district program;
     (b) Provide special education or related services under an individualized education program for eligible students with disabilities, in consultation and cooperation with the dropout reengagement program provider. School districts may enter into separate interlocal or cooperative agreements with the educational service district or the program provider for the provision of special education or related services for eligible students;
     (c) Provide necessary data to the educational service district, including transcripts and other information required for the statewide student information system, for all eligible students who enroll in a dropout reengagement program; and
     (d) Fulfill other responsibilities identified in the model interlocal agreement.
     (3) Educational service districts shall:
     (a) Work with school districts, workforce development councils, colleges, and community-based organizations to identify high quality dropout reengagement program providers in the region; create partnerships among organizations to offer programs and services; and identify other public and private sources of funding that may be used to leverage the state funds provided for the program;
     (b) Enter into contracts based on the statewide model with community-based organizations, as well as interlocal agreements based on the statewide model with community and technical colleges, to provide eligible dropout reengagement programs for eligible students;
     (c) Serve as a liaison between school districts and program providers as necessary;
     (d) Refer eligible students to dropout reengagement programs;
     (e) Monitor the financial and student performance of eligible programs;
     (f) On behalf of a school district with which the educational service district has an interlocal agreement, manage enrollment and data reporting to the office of the superintendent of public instruction through the statewide student information system and maintain high school credit and transcript information for eligible students enrolled in a dropout reengagement program;
     (g) Manage financial billing to the office of the superintendent of public instruction and payments to school districts and program providers as specified under section 6 of this act;
     (h) Work with program providers and school districts to assure eligible students are able to earn credit that can be applied to a high school diploma from the school district or from a college under RCW 28B.50.535, including providing assistance with course equivalencies and competency testing in lieu of course completion as authorized under RCW 28A.230.100;
     (i) Administer the Washington assessment of student learning to eligible students enrolled in a dropout reengagement program when necessary;
     (j) Annually report to the office of the superintendent of public instruction on enrollment, student progress toward certificate or degree completion, and financial and student performance of eligible programs; and
     (k) Fulfill other responsibilities identified in the model contract and interlocal agreement.
     (4) Dropout reengagement program providers shall:
     (a) Offer the components of an eligible program to eligible students as specified in section 3 of this act and in the statewide model contract or interlocal agreement;
     (b) Comply with financial and student performance accountability requirements under the contract or interlocal agreement;
     (c) Cooperate with the appropriate school district or the educational service district to coordinate provision of special education or related services for eligible students with disabilities who have an individualized education program;
     (d) Assume responsibility for necessary accommodations and plans for students qualifying under section 504 of the rehabilitation act of 1973; and
     (e) Fulfill other responsibilities identified in the model contract or interlocal agreement.

NEW SECTION.  Sec. 6   A new section is added to chapter 28A.175 RCW to read as follows:
     (1) The office of the superintendent of public instruction shall allocate the basic education allocation generated under RCW 28A.150.260 and the student achievement fund allocation under RCW 28A.505.220 for each annual average full-time equivalent eligible student enrolled in a dropout reengagement program under sections 2 through 6 of this act directly to the educational service district that has an agreement with the school district, rather than to the school district.
     (2) For the purposes of this section, the basic education allocation shall be calculated at a statewide uniform rate. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and including enhancements for vocational students where eligible students are enrolled in vocational courses.
     (3) The educational service district shall transmit two percent of the total per student allocation under this section to an eligible enrolled student's school district to offset administrative costs of the district. The educational service district may retain five percent of the total per student allocation for program administration and coordination. The educational service district shall pay the remaining allocation to program providers through the statewide model contract or interlocal agreement.
     (4) For purposes of other state, federal, or local funds, including special education excess cost allocations, eligible students who are enrolled in a dropout reengagement program are considered regularly enrolled students of the resident school district, except that the students shall not be included in the school district's enrollment for purposes of calculating compliance with RCW 28A.150.100.
     (5) The office of the superintendent of public instruction shall adopt a definition of a full-time equivalent student for the purposes of sections 2 through 6 of this act. The definition shall be:
     (a) Based on the community or technical college credits generated by the student if the program provider is a community or technical college; and
     (b) Based on a minimum amount of planned programming or instruction and minimum attendance by the student rather than hours of seat time if the program provider is a community-based organization.
     (6) The office of the superintendent of public instruction shall adopt rules to implement this section.

Sec. 7   RCW 28A.310.180 and 1990 c 33 s 276 are each amended to read as follows:
     In addition to other powers and duties as provided by law, every educational service district board shall:
     (1) Comply with rules ((or regulations)) of the state board of education and the superintendent of public instruction((.));
     (2) If the district board deems necessary, establish and operate for the schools within the boundaries of the educational service district a depository and distribution center for films, tapes, charts, maps, and other instructional material as recommended by the school district superintendents within the service area of the educational service district: PROVIDED, That the district may also provide the services of the depository and distribution center to private schools within the district so long as such private schools pay such fees that reflect actual costs for services and the use of instructional materials as may be established by the educational service district board((.));
     (3) Establish cooperative service programs for school districts within the educational service district and joint purchasing programs for schools within the educational service district pursuant to RCW 28A.320.080(3): PROVIDED, That on matters relating to cooperative service programs the board and superintendent of the educational service district shall seek the prior advice of the superintendents of local school districts within the educational service district((.));
     (4) Establish direct student service programs for school districts within the educational service district including pupil transportation. However, for the provision of state-funded pupil transportation for special education cooperatives programs for special education conducted under RCW 28A.155.010 through 28A.155.100, the educational service district, with the consent of the participating school districts, shall be entitled to receive directly state apportionment funds for that purpose: PROVIDED, That the board of directors and superintendent of a local school district request the educational service district to perform said service or services: PROVIDED FURTHER, That the educational service district board of directors and superintendents agree to provide the requested services: PROVIDED, FURTHER, That the provisions of chapter 39.34 RCW are strictly adhered to: PROVIDED FURTHER, That the educational service district board of directors may contract with the school for the deaf and the school for the blind to provide transportation services; and
     (5) Oversee the dropout reengagement system in its district and fulfill the responsibilities described in statewide model contracts and interlocal agreements as provided under sections 2 through 6 of this act.

Sec. 8   RCW 28A.305.190 and 1993 c 218 s 1 are each amended to read as follows:
     The state board of education shall adopt rules governing the eligibility of a child sixteen years of age and under nineteen years of age to take the ((general educational development)) GED test if the child provides a substantial and warranted reason for leaving the regular high school education program, ((or)) if the child was home-schooled, or if the child is an eligible student enrolled in a dropout reengagement program under sections 2 through 6 of this act.

Sec. 9   RCW 28B.50.030 and 2007 c 277 s 301 are each amended to read as follows:
     As used in this chapter, unless the context requires otherwise, the term:
     (1) "System" shall mean the state system of community and technical colleges, which shall be a system of higher education.
     (2) "Board" shall mean the workforce training and education coordinating board.
     (3) "College board" shall mean the state board for community and technical colleges created by this chapter.
     (4) "Director" shall mean the administrative director for the state system of community and technical colleges.
     (5) "District" shall mean any one of the community and technical college districts created by this chapter.
     (6) "Board of trustees" shall mean the local community and technical college board of trustees established for each college district within the state.
     (7) "Occupational education" shall mean that education or training that will prepare a student for employment that does not require a baccalaureate degree, and education and training leading to an applied baccalaureate degree.
     (8) "K-12 system" shall mean the public school program including kindergarten through the twelfth grade.
     (9) "Common school board" shall mean a public school district board of directors.
     (10) "Community college" shall include those higher education institutions that conduct education programs under RCW 28B.50.020.
     (11) "Technical college" shall include those higher education institutions with the sole mission of conducting occupational education, basic skills, literacy programs, and offering on short notice, when appropriate, programs that meet specific industry needs. The programs of technical colleges shall include, but not be limited to, continuous enrollment, competency-based instruction, industry-experienced faculty, curriculum integrating vocational and basic skills education, and curriculum approved by representatives of employers and labor. For purposes of this chapter, technical colleges shall include Lake Washington Vocational-Technical Institute, Renton Vocational-Technical Institute, Bates Vocational-Technical Institute, Clover Park Vocational Institute, and Bellingham Vocational-Technical Institute.
     (12) "Adult education" shall mean all education or instruction, including academic, vocational education or training, basic skills and literacy training, and "occupational education" provided by public educational institutions, including common school districts for persons who are eighteen years of age and over or who hold a high school diploma or certificate. However, "adult education" shall not include academic education or instruction for persons under twenty-one years of age who do not hold a high school degree or diploma and who are attending a public high school for the sole purpose of obtaining a high school diploma or certificate, nor shall "adult education" include education or instruction provided by any four year public institution of higher education. "Adult education" also does not include education or instruction provided by a college to eligible students in a dropout reengagement program under sections 2 through 6 of this act.
     (13) "Dislocated forest product worker" shall mean a forest products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business' services or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources impact area.
     (14) "Forest products worker" shall mean a worker in the forest products industries affected by the reduction of forest fiber enhancement, transportation, or production. The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting these definitions. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(3).
     (15) "Dislocated salmon fishing worker" means a finfish products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual's principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business's services or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources impact area.
     (16) "Salmon fishing worker" means a worker in the finfish industry affected by 1994 or future salmon disasters. The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries involved in the commercial and recreational harvesting of finfish including buying and processing finfish. The commissioner may adopt rules further interpreting these definitions.
     (17) "Rural natural resources impact area" means:
     (a) A nonmetropolitan county, as defined by the 1990 decennial census, that meets three of the five criteria set forth in subsection (18) of this section;
     (b) A nonmetropolitan county with a population of less than forty thousand in the 1990 decennial census, that meets two of the five criteria as set forth in subsection (18) of this section; or
     (c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that meets three of the five criteria set forth in subsection (18) of this section.
     (18) For the purposes of designating rural natural resources impact areas, the following criteria shall be considered:
     (a) A lumber and wood products employment location quotient at or above the state average;
     (b) A commercial salmon fishing employment location quotient at or above the state average;
     (c) Projected or actual direct lumber and wood products job losses of one hundred positions or more;
     (d) Projected or actual direct commercial salmon fishing job losses of one hundred positions or more; and
     (e) An unemployment rate twenty percent or more above the state average. The counties that meet these criteria shall be determined by the employment security department for the most recent year for which data is available. For the purposes of administration of programs under this chapter, the United States post office five-digit zip code delivery areas will be used to determine residence status for eligibility purposes. For the purpose of this definition, a zip code delivery area of which any part is ten miles or more from an urbanized area is considered nonurbanized. A zip code totally surrounded by zip codes qualifying as nonurbanized under this definition is also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to all agencies and organizations providing services under this chapter.
     (19) "Applied baccalaureate degree" means a baccalaureate degree awarded by a college under RCW 28B.50.810 for successful completion of a program of study that is:
     (a) Specifically designed for individuals who hold an associate of applied science degree, or its equivalent, in order to maximize application of their technical course credits toward the baccalaureate degree; and
     (b) Based on a curriculum that incorporates both theoretical and applied knowledge and skills in a specific technical field.
     (20) "Qualified institutions of higher education" means:
     (a) Washington public community and technical colleges;
     (b) Private career schools that are members of an accrediting association recognized by rule of the higher education coordinating board for the purposes of chapter 28B.92 RCW; and
     (c) Washington state apprenticeship and training council-approved apprenticeship programs.

Sec. 10   RCW 28B.50.535 and 2007 c 355 s 2 are each amended to read as follows:
     A community or technical college may issue a high school diploma or certificate, including to students enrolled in dropout reengagement programs under sections 2 through 6 of this act, subject to rules adopted by the superintendent of public instruction and the state board of education.

Sec. 11   RCW 28B.15.067 and 2007 c 355 s 7 are each amended to read as follows:
     (1) Tuition fees shall be established under the provisions of this chapter.
     (2) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, reductions or increases in full-time tuition fees for resident undergraduates shall be as provided in the omnibus appropriations act.
     (3) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, the governing boards of the state universities, the regional universities, The Evergreen State College, and the state board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates, including summer school students and students in other self-supporting degree programs. Percentage increases in full-time tuition fees may exceed the fiscal growth factor. Reductions or increases may be made for all or portions of an institution's programs, campuses, courses, or students.
     (4) Academic year tuition for full-time students at the state's institutions of higher education beginning with 2009-10, other than summer term, shall be as charged during the 2008-09 academic year unless different rates are adopted by the legislature.
     (5) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through 28A.600.400.
     (6) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college under RCW 28C.04.610 or eligible students enrolled in a dropout reengagement program under sections 2 through 6 of this act.
     (7) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college participating in the pilot program under RCW 28B.50.534 for the purpose of obtaining a high school diploma.
     (8) For the academic years 2003-04 through 2008-09, the University of Washington shall use an amount equivalent to ten percent of all revenues received as a result of law school tuition increases beginning in academic year 2000-01 through academic year 2008-09 to assist needy low and middle income resident law students.
     (9) For the academic years 2003-04 through 2008-09, institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic year 2003-04 through academic year 2008-09 to assist needy low and middle-income resident graduate academic students.