READ FIRST TIME 02/24/11.   

     AN ACT Relating to continuing education reforms, including implementing recommendations of the quality education council; amending RCW 28A.150.260, 28A.150.220, 28A.657.050, 28A.165.015, 28A.165.015, 28A.165.025, 28A.320.190, 28A.180.090, 28A.185.020, 28A.185.030, 28C.18.162, 28A.660.042, 28A.660.050, 28A.660.040, and 28A.400.201; adding new sections to chapter 28A.655 RCW; adding a new section to chapter 28A.230 RCW; adding a new section to chapter 28A.185 RCW; creating new sections; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 101   A new section is added to chapter 28A.655 RCW to read as follows:
     Before implementing revisions to the state essential academic learning requirements as authorized under RCW 28A.655.070, the superintendent of public instruction must ensure that a fairness and bias review of the revisions has been conducted, including providing an opportunity for input from the achievement gap oversight and accountability committee under RCW 28A.300.136 and from an additional diverse group of community representatives, parents, and educators to be convened by the superintendent.

NEW SECTION.  Sec. 102   A new section is added to chapter 28A.230 RCW to read as follows:
     (1) By July 1, 2012, each school district board of directors that grants high school diplomas shall adopt a policy that defines a high school credit for purposes of meeting state and local graduation requirements. The policy may define a high school credit based on a seat-time definition, demonstrated competencies, or some combination, as long as the policy specifies the means by which the school district assures that students have gained the knowledge and skills necessary to earn a credit.
     (2) Each school district board of directors shall submit a copy of its policy to the state board of education.
     (3) The state board of education may adopt a rule repealing the seat-time definition of a high school credit by May 31, 2012, and shall require school districts to certify annually to the board that the district has a policy to define a high school credit.

NEW SECTION.  Sec. 103   A new section is added to chapter 28A.655 RCW to read as follows:
     Within available state and federal funds for school and district improvement, the office of the superintendent of public instruction shall provide technical assistance to schools and districts specifically targeted to reduce school dropouts and improve on-time and extended high school graduation rates. The technical assistance shall be more intensive for those high schools and school districts in significant need of improvement.

Sec. 104   RCW 28A.150.260 and 2010 c 236 s 2 are each amended to read as follows:
     The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:
     (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district.
     (2) The distribution formula under this section shall be for allocation purposes only. Except as may be required under chapter 28A.155, 28A.165, 28A.180, or 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.
     (3)(a) To the extent the technical details of the formula have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.
     (b) For the purposes of this section, prototypical schools are defined as follows:
     (i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;
     (ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and
     (iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.
     (4)(a) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on the following general education average class size of full-time equivalent students per teacher:

       General education
       average
       class size
Grades K-3 . . . . . . . . . . . . 25.23
Grade 4 . . . . . . . . . . . . 27.00
Grades 5-6 . . . . . . . . . . . . 27.00
Grades 7-8 . . . . . . . . . . . . 28.53
Grades 9-12 . . . . . . . . . . . . 28.74

     (b) During the 2011-2013 biennium and beginning with schools with the highest percentage of students eligible for free and reduced-price meals in the prior school year, the general education average class size for grades K-3 shall be reduced until the average class size funded under this subsection (4) is no more than 17.0 full-time equivalent students per teacher beginning in the 2017-18 school year.
     (c) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education:

       Career and technical
       education average
       class size
Approved career and technical education offered at
the middle school and high school level . . . . . . . . . . . . 26.57
Skill center programs meeting the standards established
by the office of the superintendent of public
instruction . . . . . . . . . . . . 22.76

     (d) In addition, the omnibus appropriations act shall at a minimum specify:
     (i) A high-poverty average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and
     (ii) A specialty average class size for laboratory science, advanced placement, and international baccalaureate courses.
     (5) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:
     

Sec. 105   RCW 28A.150.220 and 2009 c 548 s 104 are each amended to read as follows:
     (1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts.
     (2) Each school district shall make available to students the following minimum instructional offering each school year:
     (a) For students enrolled in grades one through twelve, at least a district-wide annual average of one thousand hours, which shall be increased to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature but not before the 2014-15 school year; and
     (b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.
     (3) The instructional program of basic education provided by each school district shall include:
     (a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
     (b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits as established by the legislature. Course distribution requirements may be established by the state board of education under RCW 28A.230.090;
     (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;
     (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;
     (e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;
     (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and
     (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.
     (4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
     (5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315. However, effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full-time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
     (6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.
     (7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.

Sec. 106   RCW 28A.657.050 and 2010 c 235 s 105 are each amended to read as follows:
     (1) The local district superintendent and local school board of a school district designated as a required action district must submit a required action plan to the state board of education for approval. Unless otherwise required by subsection (3) of this section, the plan must be submitted under a schedule as required by the state board. A required action plan must be developed in collaboration with administrators, teachers, and other staff, parents, unions representing any employees within the district, students, and other representatives of the local community. The superintendent of public instruction shall provide a district with assistance in developing its plan if requested. The school board must conduct a public hearing to allow for comment on a proposed required action plan. The local school district shall submit the plan first to the office of the superintendent of public instruction to review and approve that the plan is consistent with federal guidelines. After the office of the superintendent of public instruction has approved that the plan is consistent with federal guidelines, the local school district must submit its required action plan to the state board of education for approval.
     (2) A required action plan must include all of the following:
     (a) Implementation of one of the four federal intervention models required for the receipt of a federal school improvement grant, for those persistently lowest-achieving schools that the district will be focusing on for required action. However, a district may not establish a charter school under a federal intervention model without express legislative authority. The intervention models are the turnaround, restart, school closure, and transformation models. The intervention model selected must address the concerns raised in the academic performance audit and be intended to improve student performance to allow a school district to be removed from the list of districts designated as a required action district by the state board of education within three years of implementation of the plan;
     (b) Submission of an application for a federal school improvement grant or a grant from other federal funds for school improvement to the superintendent of public instruction;
     (c) A budget that provides for adequate resources to implement the federal model selected and any other requirements of the plan;
     (d) A description of the changes in the district's or school's existing policies, structures, agreements, processes, and practices that are intended to attain significant achievement gains for all students enrolled in the school and how the district intends to address the findings of the academic performance audit; ((and))
     (e) Use of the state kindergarten readiness assessment process if the school is an elementary school;
     (f) Use of family engagement coordinators to build relationships between families, the school, and the community to improve student achievement; and
     (g) Identification of the measures that the school district will use in assessing student achievement at a school identified as a persistently lowest-achieving school, which include improving mathematics and reading student achievement and graduation rates as defined by the office of the superintendent of public instruction that enable the school to no longer be identified as a persistently lowest-achieving school.
     (3)(a) For any district designated for required action, the parties to any collective bargaining agreement negotiated, renewed, or extended under chapter 41.59 or 41.56 RCW after June 10, 2010, must reopen the agreement, or negotiate an addendum, if needed, to make changes to terms and conditions of employment that are necessary to implement a required action plan.
     (b) If the school district and the employee organizations are unable to agree on the terms of an addendum or modification to an existing collective bargaining agreement, the parties, including all labor organizations affected under the required action plan, shall request the public employment relations commission to, and the commission shall, appoint an employee of the commission to act as a mediator to assist in the resolution of a dispute between the school district and the employee organizations. Beginning in 2011, and each year thereafter, mediation shall commence no later than April 15th. All mediations held under this section shall include the employer and representatives of all affected bargaining units.
     (c) If the executive director of the public employment relations commission, upon the recommendation of the assigned mediator, finds that the employer and any affected bargaining unit are unable to reach agreement following a reasonable period of negotiations and mediation, but by no later than May 15th of the year in which mediation occurred, the executive director shall certify any disputed issues for a decision by the superior court in the county where the school district is located. The issues for determination by the superior court must be limited to the issues certified by the executive director.
     (d) The process for filing with the court in this subsection (3)(d) must be used in the case where the executive director certifies issues for a decision by the superior court.
     (i) The school district shall file a petition with the superior court, by no later than May 20th of the same year in which the issues were certified, setting forth the following:
     (A) The name, address, and telephone number of the school district and its principal representative;
     (B) The name, address, and telephone number of the employee organizations and their principal representatives;
     (C) A description of the bargaining units involved;
     (D) A copy of the unresolved issues certified by the executive director for a final and binding decision by the court; and
     (E) The academic performance audit that the office of the superintendent of public instruction completed for the school district.
     (ii) Within seven days after the filing of the petition, each party shall file with the court the proposal it is asking the court to order be implemented in a required action plan for the district for each issue certified by the executive director. Contemporaneously with the filing of the proposal, a party must file a brief with the court setting forth the reasons why the court should order implementation of its proposal in the final plan.
     (iii) Following receipt of the proposals and briefs of the parties, the court must schedule a date and time for a hearing on the petition. The hearing must be limited to argument of the parties or their counsel regarding the proposals submitted for the court's consideration. The parties may waive a hearing by written agreement.
     (iv) The court must enter an order selecting the proposal for inclusion in a required action plan that best responds to the issues raised in the school district's academic performance audit, and allows for the award of a federal school improvement grant or a grant from other federal funds for school improvement to the district from the office of the superintendent of public instruction to implement one of the four federal intervention models. The court's decision must be issued no later than June 15th of the year in which the petition is filed and is final and binding on the parties; however the court's decision is subject to appeal only in the case where it does not allow the school district to implement a required action plan consistent with the requirements for the award of a federal school improvement grant or other federal funds for school improvement by the superintendent of public instruction.
     (e) Each party shall bear its own costs and attorneys' fees incurred under this statute.
     (f) Any party that proceeds with the process in this section after knowledge that any provision of this section has not been complied with and who fails to state its objection in writing is deemed to have waived its right to object.
     (4) All contracts entered into between a school district and an employee must be consistent with this section and allow school districts designated as required action districts to implement one of the four federal models in a required action plan.

NEW SECTION.  Sec. 107   A new section is added to chapter 28A.655 RCW to read as follows:
     To the extent permitted by federal law and regulations, the office of the superintendent of public instruction may require elementary schools receiving federal school improvement grants to use the state kindergarten readiness assessment, and may require a school to use family engagement coordinators to build relationships between families, the school, and the community to improve student achievement.

Sec. 201   RCW 28A.165.015 and 2004 c 20 s 2 are each amended to read as follows:
     Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.
     (1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.
     (2) "Basic skills areas" means reading, writing, ((and)) mathematics, and science as well as readiness associated with these skills.
     (3) "Participating student" means a student in kindergarten through grade eleven who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services. Beginning with the 2007-2008 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.
     (4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.
     (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.

Sec. 202   RCW 28A.165.015 and 2009 c 548 s 702 are each amended to read as follows:
     Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.
     (1) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.
     (2) "Basic skills areas" means reading, writing, ((and)) mathematics, and science as well as readiness associated with these skills.
     (3) "Participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.
     (4) "Statewide assessments" means one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.
     (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.

Sec. 203   RCW 28A.165.025 and 2009 c 556 s 1 are each amended to read as follows:
     (1) A participating school district shall submit the district's plan for using learning assistance funds to the office of the superintendent of public instruction for approval, to the extent required under subsection (2) of this section. The program plan must identify the program activities to be implemented from RCW 28A.165.035 and implement all of the elements in (a) through (h) of this subsection. The school district plan shall include the following:
     (a) District and school-level data on reading, writing, science, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law;
     (b) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities;
     (c) How accelerated learning plans are developed and implemented for participating students. Accelerated learning plans may be developed as part of existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students. Accelerated learning plans shall include:
     (i) Achievement goals for the students;
     (ii) Roles of the student, parents, or guardians and teachers in the plan;
     (iii) Communication procedures regarding student accomplishment; and
     (iv) Plan reviews and adjustments processes;
     (d) How state level and classroom assessments are used to inform instruction;
     (e) How focused and intentional instructional strategies have been identified and implemented;
     (f) How highly qualified instructional staff are developed and supported in the program and in participating schools;
     (g) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's strategic plan to support underachieving students; and
     (h) How a program evaluation will be conducted to determine direction for the following school year.
     (2) If a school district has received approval of its plan once, it is not required to submit a plan for approval under RCW 28A.165.045 or this section unless the district has made a significant change to the plan. If a district has made a significant change to only a portion of the plan the district need only submit a description of the changes made and not the entire plan. Plans or descriptions of changes to the plan must be submitted by July 1st as required under this section. The office of the superintendent of public instruction shall establish guidelines for what a "significant change" is.

Sec. 204   RCW 28A.320.190 and 2009 c 578 s 2 are each amended to read as follows:
     (1) The extended learning opportunities program is created for eligible ((eleventh and)) ninth through twelfth grade students who are not on track to meet local or state graduation requirements as well as eighth grade students who need additional assistance in order to have the opportunity for a successful entry into high school. The program shall provide early notification of graduation status and information on education opportunities including preapprenticeship programs that are available.
     (2) Under the extended learning opportunities program and to the extent funds are available for that purpose, districts shall make available to students in grade twelve who have failed to meet one or more local or state graduation requirements the option of continuing enrollment in the school district in accordance with RCW 28A.225.160. Districts are authorized to use basic education program funding to provide instruction to eligible students under RCW 28A.150.220(((3))) (5).
     (3) Under the extended learning opportunities program, instructional services for eligible students can occur during the regular school day, evenings, on weekends, or at a time and location deemed appropriate by the school district, including the educational service district, in order to meet the needs of these students. Instructional services provided under this section do not include services offered at private schools. Instructional services can include, but are not limited to, the following:
     (a) Individual or small group instruction;
     (b) Instruction in English language arts and/or mathematics that eligible students need to pass all or part of the ((Washington)) state high school assessment ((of student learning));
     (c) Attendance in a public high school or public alternative school classes or at a skill center;
     (d) Inclusion in remediation programs, including summer school;
     (e) Language development instruction for English language learners;
     (f) Online curriculum and instructional support, including programs for credit retrieval and ((Washington)) state assessment ((of student learning)) preparatory classes; and
     (g) Reading improvement specialists available at the educational service districts to serve eighth((, eleventh, and)) through twelfth grade educators through professional development in accordance with RCW 28A.415.350. The reading improvement specialist may also provide direct services to eligible students and those students electing to continue a fifth year in a high school program who are still struggling with basic reading skills.

NEW SECTION.  Sec. 205   (1) The Washington state institute for public policy shall work with the office of the superintendent of public instruction to design and implement a research study to measure the impact on student achievement of remediation strategies funded by the learning assistance program.
     (2) The objectives of the research study are to determine which remediation strategies are most effective and efficient in improving student achievement in reading, mathematics, and science; and identify outcome measures for use by policymakers in evaluating learning assistance program success. The study design shall include quantitative and qualitative methods; identify the data necessary for a high-quality study; and identify the extent that necessary data is being collected and, if not, how it could be collected, including through sampling if necessary.
     (3) The institute shall submit the research study design to the quality education council and the education committees of the legislature by September 1, 2011.
     (4) The institute shall submit the results of the research study to the quality education council and the education committees of the legislature by September 1, 2012.

Sec. 206   RCW 28A.180.090 and 2001 1st sp.s. c 6 s 2 are each amended to read as follows:
     The superintendent of public instruction shall develop an evaluation system designed to measure increases in the English and academic proficiency of eligible pupils. When developing the system, the superintendent shall:
     (1) Require school districts to assess potentially eligible pupils within ten days of registration using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district;
     (2) Require school districts to annually assess all eligible pupils at the end of the school year using an English proficiency assessment or assessments as specified by the superintendent of public instruction. Results of these assessments shall be made available to both the superintendent of public instruction and the school district. Aggregated results must be posted on the web site of the office of the superintendent of public instruction for each school and school district, using the Washington state report card. The report card must include the average length of time students in each school and district are enrolled in the transitional bilingual instructional program, annual change in the number and percentage of students making progress in learning English, annual change in the number and percentage of students attaining English proficiency, and the number and percentage of students meeting annual targets in reading and mathematics for state and federal accountability; and
     (3) Develop a system to evaluate increases in the English and academic proficiency of students who are, or were, eligible pupils. This evaluation shall include students when they are in the program and after they exit the program until they finish their K-12 career or transfer from the school district. Aggregated results from the academic assessment of students who were formerly eligible pupils under the program must be reported by school and school district using the Washington state report card. The purpose of the evaluation system is to inform schools, school districts, parents, and the state of the effectiveness of the transitional bilingual programs in school and school districts in teaching these students English and other content areas, such as mathematics and writing((; and
     (4) Report to the education and fiscal committees of the legislature by November 1, 2002, regarding the development of the systems described in this section and a timeline for the full implementation of those systems. The legislature shall approve and provide funding for the evaluation system in subsection (3) of this section before any implementation of the system developed under subsection (3) of this section may occur)).

NEW SECTION.  Sec. 207   A new section is added to chapter 28A.185 RCW to read as follows:
     For the purposes of the program for highly capable students under this chapter, a highly capable student means a student who performs, or shows potential for performing, at significantly advanced levels when compared to others of his or her age, experience, or environment. Outstanding capabilities are seen with the student's general intellectual aptitudes, specific academic abilities, creative productivities within a specific domain, or leadership skills. Highly capable students are present in all cultural and linguistic groups and across all socioeconomic strata; coexist with all manner of disabling conditions both visible and invisible; and manifest across all areas of human endeavor.

Sec. 208   RCW 28A.185.020 and 2009 c 548 s 708 are each amended to read as follows:
     (1) The legislature finds that, for highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. The education of highly capable students may include supports and services that are in addition to those ordinarily provided as part of general education.
     (2) There are multiple definitions of highly capable, from intellectual to academic to artistic. The research literature strongly supports using multiple criteria to identify highly capable students, and therefore, the legislature does not intend to prescribe a single method. Instead, the legislature intends to allocate funding based on two and three hundred fourteen one-thousandths percent of each school district's population and authorize school districts to identify through the use of multiple, objective criteria those students most highly capable and eligible to receive accelerated learning and enhanced instruction in the program offered by the district. Access to accelerated learning and enhanced instruction through the program for highly capable students does not constitute an individual entitlement for any particular student.
     (((2))) (3) Supplementary funds provided by the state for the program for highly capable students under RCW 28A.150.260 shall be categorical funding to provide services to highly capable students as determined by a school district under RCW 28A.185.030.

Sec. 209   RCW 28A.185.030 and 2009 c 380 s 4 are each amended to read as follows:
     Local school districts may establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education. Local school districts which establish and operate programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows:
     (1) In accordance with rules adopted by the superintendent of public instruction, school districts shall implement procedures for nomination, assessment and selection of their most highly capable students for the purposes of the highly capable program. ((Nominations shall be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be based upon a review of each student's capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student's unique needs and capabilities. Selection shall be made by a broadly based committee of professionals, after consideration of the results of the multiple criteria assessment.)) Under the procedures, no single criterion should prevent a student's identification. However, any single criterion, if strong enough, may indicate a need for services. The rules adopted by the superintendent of public instruction must include but are not limited to consistent procedures for:
     (a) Universal screening;
     (b) Regular public notification;
     (c) Use of multiple criteria;
     (d) Involvement of qualified professionals in the identification process;
     (e) Family involvement in decision making;
     (f) Notification of parents or legal guardians;
     (g) Safeguards to reduce cultural, linguistic, socioeconomic, and gender bias, and to mitigate impacts resulting from disabilities; and
     (h) Periodic reviews, including input from families.
     (2) When a student, who is a child of a military family in transition, has been assessed or enrolled as highly capable by a sending school, the receiving school shall initially honor placement of the student into a like program.
     (a) The receiving school shall determine whether the district's program is a like program when compared to the sending school's program; and
     (b) The receiving school may conduct subsequent assessments to determine appropriate placement and continued enrollment in the program.
     (3) Students selected pursuant to procedures outlined in this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student's unique needs and capabilities and the limits of the resources and program options available to the district, including those options which can be developed or provided by using funds allocated by the superintendent of public instruction for that purpose.
     (4) The definitions in Article II of RCW 28A.705.010 apply to subsection (2) of this section.

Sec. 210   RCW 28C.18.162 and 2009 c 238 s 3 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 28C.18.160 and 28C.18.164 through 28C.18.168.
     (1) "High-demand occupation" means an occupation with a substantial number of current or projected employment opportunities. For the purposes of opportunity internships, the teaching of mathematics, science, bilingual education, special education, or English as a second language is considered a high-demand occupation.
     (2) "Low-income high school student" means a student who is enrolled in grade((s)) ten, eleven, or twelve in a public high school and who qualifies for federal free or reduced-price meals. If a student qualifies at the time the student begins participating in the opportunity internship program, the student remains eligible even if the student does not receive free or reduced-price meals thereafter. To participate in the program, the student must remain enrolled in high school until the student receives a high school diploma.
     (3) "Opportunity internship consortium" means a local consortium formed for the purpose of participating in the opportunity internship program and which may be composed of a local workforce development council, economic development council, area high schools, community or technical colleges, apprenticeship councils, preapprenticeship programs such as running start for the trades, private vocational schools licensed under chapter 28C.10 RCW, public and private four-year institutions of higher education, employers in targeted industries, and labor organizations. Partnerships of high schools, teacher preparation programs, and community-based organizations offering the program under RCW 28A.415.370 may be considered opportunity internship consortia.
     (4) "Opportunity internship graduate" means a low-income high school student who successfully completes an opportunity internship program and graduates from high school.
     (5) "Postsecondary program of study" means an undergraduate or graduate certificate, apprenticeship, or degree program.
     (6) "Preapprenticeship" means a program of at least ninety hours and not more than one hundred eighty hours in length that provides practical experience, education, preparation, and the development of skills that would be beneficial for entry into state-approved apprenticeship programs, including but not limited to construction industry structure and the construction process; orientation to state-approved apprenticeship; tools of the various trades and safe handling of power tools; and industry standards of safety, responsibility, and craft excellence.
     (7) "Targeted industry" means a business or industry identified by a local workforce development council as having high-demand occupations that require candidates to have completed a postsecondary program of study.

Sec. 211   RCW 28A.660.042 and 2007 c 396 s 6 are each amended to read as follows:
     (1) The pipeline for paraeducators conditional scholarship program is created.
     (2)(a) Except as provided under subsection (3) of this section, participation is limited to paraeducators without a college degree who have at least three years of classroom experience. It is anticipated that candidates enrolled in this program will complete their associate of arts degree at a community and technical college in two years or less and become eligible for a mathematics, special education, or English as a second language endorsement via route one in the alternative routes to teacher certification program provided in this chapter.
     (((2))) (b) Entry requirements for candidates under this subsection (2) include district or building validation of qualifications, including three years of successful student interaction and leadership as a classified instructional employee.
     (3) Subject to the availability of funds for the pipeline for paraeducators conditional scholarship program under RCW 28A.660.050, after qualified candidates under subsection (2) of this section have been accepted, individuals who participated in one of the recruiting Washington teachers grant programs under RCW 28A.415.370 may participate in the pipeline for paraeducators conditional scholarship program if the individual meets the criteria for the scholarship under RCW 28A.660.050.

Sec. 212   RCW 28A.660.050 and 2010 c 235 s 505 are each amended to read as follows:
     Subject to the availability of amounts appropriated for these purposes, the conditional scholarship programs in this chapter are created under the following guidelines:
     (1) The programs shall be administered by the higher education coordinating board. In administering the programs, the higher education coordinating board has the following powers and duties:
     (a) To adopt necessary rules and develop guidelines to administer the programs;
     (b) To collect and manage repayments from participants who do not meet their service obligations; and
     (c) To accept grants and donations from public and private sources for the programs.
     (2) Requirements for participation in the conditional scholarship programs are as provided in this subsection (2).
     (a) The alternative route conditional scholarship program is limited to interns of professional educator standards board-approved alternative routes to teaching programs under RCW 28A.660.040. For fiscal year 2011, priority must be given to fiscal year 2010 participants in the alternative route partnership program. In order to receive conditional scholarship awards, recipients shall:
     (i) Be accepted and maintain enrollment in alternative certification routes through a professional educator standards board-approved program;
     (ii) Continue to make satisfactory progress toward completion of the alternative route certification program and receipt of a residency teaching certificate; and
     (iii) Receive no more than the annual amount of the scholarship, not to exceed eight thousand dollars, for the cost of tuition, fees, and educational expenses, including books, supplies, and transportation for the alternative route certification program in which the recipient is enrolled. The board may adjust the annual award by the average rate of resident undergraduate tuition and fee increases at the state universities as defined in RCW 28B.10.016.
     (b) The pipeline for paraeducators conditional scholarship program is limited to qualified ((paraeducators)) individuals as provided by RCW 28A.660.042. Paraeducators who apply for the program under RCW 28A.660.042(2) shall receive first priority in scholarship awards. In order to receive conditional scholarship awards, recipients shall:
     (i) Be accepted and maintain enrollment at a community and technical college for no more than two years and attain an associate of arts degree;
     (ii) Continue to make satisfactory progress toward completion of an associate of arts degree. This progress requirement is a condition for eligibility into a route one program of the alternative routes to teacher certification program for a mathematics, special education, or English as a second language endorsement; and
     (iii) Receive no more than the annual amount of the scholarship, not to exceed four thousand dollars, for the cost of tuition, fees, and educational expenses, including books, supplies, and transportation for the alternative route certification program in which the recipient is enrolled. The board may adjust the annual award by the average rate of tuition and fee increases at the state community and technical colleges.
     (c) The retooling to teach mathematics and science conditional scholarship program is limited to current K-12 teachers. In order to receive conditional scholarship awards:
     (i) Individuals currently employed as teachers shall pursue a middle level mathematics or science, or secondary mathematics or science endorsement; or
     (ii) Individuals who are certificated with an elementary education endorsement shall pursue an endorsement in middle level mathematics or science, or both; and
     (iii) Individuals shall use one of the pathways to endorsement processes to receive a mathematics or science endorsement, or both, which shall include passing a mathematics or science endorsement test, or both tests, plus observation and completing applicable coursework to attain the proper endorsement; and
     (iv) Individuals shall receive no more than the annual amount of the scholarship, not to exceed three thousand dollars, for the cost of tuition, test fees, and educational expenses, including books, supplies, and transportation for the endorsement pathway being pursued.
     (3) The Washington professional educator standards board shall select individuals to receive conditional scholarships. In selecting recipients, preference shall be given to eligible veterans or national guard members.
     (4) For the purpose of this chapter, a conditional scholarship is a loan that is forgiven in whole or in part in exchange for service as a certificated teacher employed in a Washington state K-12 public school. The state shall forgive one year of loan obligation for every two years a recipient teaches in a public school. Recipients who fail to continue a course of study leading to residency teacher certification or cease to teach in a public school in the state of Washington in their endorsement area are required to repay the remaining loan principal with interest.
     (5) Recipients who fail to fulfill the required teaching obligation are required to repay the remaining loan principal with interest and any other applicable fees. The higher education coordinating board shall adopt rules to define the terms for repayment, including applicable interest rates, fees, and deferments.
     (6) The higher education coordinating board may deposit all appropriations, collections, and any other funds received for the program in this chapter in the future teachers conditional scholarship account authorized in RCW 28B.102.080.

Sec. 213   RCW 28A.660.040 and 2010 c 235 s 504 are each amended to read as follows:
     Alternative route programs under this chapter shall operate one to four specific route programs. Successful completion of the program shall make a candidate eligible for residency teacher certification. The mentor of the teacher candidate at the school and the supervisor of the teacher candidate from the teacher preparation program must both agree that the teacher candidate has successfully completed the program.
     (1) Alternative route programs operating route one programs shall enroll currently employed classified instructional employees with transferable associate degrees or former participants in the recruiting Washington teachers program who enter through the pipeline for paraeducators conditional scholarship program under RCW 28A.660.042 who are seeking residency teacher certification with endorsements in mathematics, special education, bilingual education, or English as a second language. It is anticipated that candidates enrolled in this route will complete both their baccalaureate degree and requirements for residency certification in two years or less, including a mentored internship to be completed in the final year. In addition, partnership programs shall uphold entry requirements for candidates that include:
     (a) District or building validation of qualifications, including one year of successful student interaction and leadership as a classified instructional employee;
     (b) Successful passage of the statewide basic skills exam; and
     (c) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers.
     (2) Alternative route programs operating route two programs shall enroll currently employed classified staff with baccalaureate degrees seeking residency teacher certification in subject matter shortage areas and areas with shortages due to geographic location. Candidates enrolled in this route must complete a mentored internship complemented by flexibly scheduled training and coursework offered at a local site, such as a school or educational service district, or online or via video-conference over the K-20 network, in collaboration with the partnership program's higher education partner. In addition, partnership grant programs shall uphold entry requirements for candidates that include:
     (a) District or building validation of qualifications, including one year of successful student interaction and leadership as classified staff;
     (b) A baccalaureate degree from a regionally accredited institution of higher education. The individual's college or university grade point average may be considered as a selection factor;
     (c) Successful completion of the subject matter assessment required by RCW 28A.410.220(3);
     (d) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers; and
     (e) Successful passage of the statewide basic skills exam.
     (3) Alternative route programs seeking funds to operate route three programs shall enroll individuals with baccalaureate degrees, who are not employed in the district at the time of application. When selecting candidates for certification through route three, districts and approved preparation program providers shall give priority to individuals who are seeking residency teacher certification in subject matter shortage areas or shortages due to geographic locations. Cohorts of candidates for this route shall attend an intensive summer teaching academy, followed by a full year employed by a district in a mentored internship, followed, if necessary, by a second summer teaching academy. In addition, partnership programs shall uphold entry requirements for candidates that include:
     (a) A baccalaureate degree from a regionally accredited institution of higher education. The individual's grade point average may be considered as a selection factor;
     (b) Successful completion of the subject matter assessment required by RCW 28A.410.220(3);
     (c) External validation of qualifications, including demonstrated successful experience with students or children, such as reference letters and letters of support from previous employers;
     (d) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers; and
     (e) Successful passage of statewide basic skills exam.
     (4) Alternative route programs operating route four programs shall enroll individuals with baccalaureate degrees, who are employed in the district at the time of application, or who hold conditional teaching certificates or emergency substitute certificates. Cohorts of candidates for this route shall attend an intensive summer teaching academy, followed by a full year employed by a district in a mentored internship. If employed on a conditional certificate, the intern may serve as the teacher of record, supported by a well-trained mentor. In addition, partnership programs shall uphold entry requirements for candidates that include:
     (a) A baccalaureate degree from a regionally accredited institution of higher education. The individual's grade point average may be considered as a selection factor;
     (b) Successful completion of the subject matter assessment required by RCW 28A.410.220(3);
     (c) External validation of qualifications, including demonstrated successful experience with students or children, such as reference letters and letters of support from previous employers;
     (d) Meeting the age, good moral character, and personal fitness requirements adopted by rule for teachers; and
     (e) Successful passage of statewide basic skills exam.
     (5) Applicants for alternative route programs who are eligible veterans or national guard members and who meet the entry requirements for the alternative route program for which application is made shall be given preference in admission.

NEW SECTION.  Sec. 301   The legislature intends to continue development and implementation of revised teacher and principal evaluation systems according to the schedule in RCW 28A.405.100, including supporting the work of those school districts developing and piloting the revised evaluation systems.

Sec. 302   RCW 28A.400.201 and 2010 c 236 s 7 are each amended to read as follows:
     (1) The legislature recognizes that providing students with the opportunity to access a world-class educational system depends on our continuing ability to provide students with access to world-class educators. The legislature also understands that continuing to attract and retain the highest quality educators will require increased investments. The legislature intends to enhance the current salary allocation model and recognizes that changes to the current model cannot be imposed without great deliberation and input from teachers, administrators, and classified employees. Therefore, it is the intent of the legislature to begin the process of developing an enhanced salary allocation model that is collaboratively designed to ensure the rationality of any conclusions regarding what constitutes adequate compensation.
     (2) Beginning July 1, 2011, the office of the superintendent of public instruction, in collaboration with the office of financial management, shall convene a technical working group to recommend the details of an enhanced salary allocation model that aligns state expectations for educator development and certification with the compensation system and establishes recommendations for a concurrent implementation schedule. In addition to any other details the technical working group deems necessary, the technical working group shall make recommendations on the following:
     (a) How to reduce the number of tiers within the existing salary allocation model;
     (b) How to account for labor market adjustments;
     (c) How to account for different geographic regions of the state where districts may encounter difficulty recruiting and retaining teachers;
     (d) The role of and types of bonuses available;
     (e) Ways to accomplish salary equalization over a set number of years; and
     (f) Initial fiscal estimates for implementing the recommendations including a recognition that staff on the existing salary allocation model would have the option to grandfather in permanently to the existing schedule.
     (3) As part of its work, the technical working group shall conduct or contract for a preliminary comparative labor market analysis of salaries and other compensation for school district employees to be conducted and shall include the results in any reports to the legislature. For the purposes of this subsection, "salaries and other compensation" includes average base salaries, average total salaries, average employee basic benefits, and retirement benefits.
     (4) The analysis required under subsection (1) of this section must:
     (a) Examine salaries and other compensation for teachers, other certificated instructional staff, principals, and other building-level certificated administrators, and the types of classified employees for whom salaries are allocated;
     (b) Be calculated at a statewide level that identifies labor markets in Washington through the use of data from the United States bureau of the census and the bureau of labor statistics; and
     (c) Include a comparison of salaries and other compensation to the appropriate labor market for at least the following subgroups of educators: Beginning teachers and types of educational staff associates.
     (5) The working group shall conduct a comprehensive analysis of educator professional development and mentoring needs for principals, teachers, educational staff associates, and classified staff. The analysis must include professional development needs in the following specific areas:
     (a) Cultural competency;
     (b) Competency in language acquisition; and
     (c) Science, technology, engineering, and mathematics instruction.
     (6) The working group shall also examine current barriers and possible strategies, including incentives, to recruit and retain diverse teachers and teachers with knowledge and skills in science, technology, engineering, and mathematics.
     (7) The working group shall include representatives of the department of personnel, the professional educator standards board, the office of the superintendent of public instruction, the Washington education association, the Washington association of school administrators, the association of Washington school principals, the Washington state school directors' association, the public school employees of Washington, and other interested stakeholders with appropriate expertise in compensation related matters. The working group may convene advisory subgroups on specific topics as necessary to assure participation and input from a broad array of diverse stakeholders.
     (((6))) (8) The working group shall be monitored and overseen by the legislature and the quality education council created in RCW 28A.290.010. The working group shall make an initial report to the legislature by June 30, 2012, and shall include in its report recommendations for whether additional further work of the group is necessary.

NEW SECTION.  Sec. 401   Sections 104, 105, 202, and 208 of this act take effect September 1, 2011.

NEW SECTION.  Sec. 402   Section 201 of this act expires September 1, 2011.