2SSB 5794 -
By Committee on Appropriations
NOT CONSIDERED
Strike everything after the enacting clause and insert the following:
"Sec. 1 2011 1st sp.s. c 34 s 1 (uncodified) is amended to read
as follows:
(1) Under Article IX of the Washington state Constitution, all
children are entitled to an opportunity to receive a basic education.
Although the state must assure that students in public schools have
opportunities to participate in the instructional program of basic
education, there is no obligation for either the state or school
districts to provide that instruction using a particular delivery
method or through a particular program.
(2) The legislature finds ample evidence of the need to examine and
reconsider policies under which alternative learning that occurs
outside the classroom using an individual student learning plan may be
considered equivalent to full-time attendance in school, including for
funding purposes. Previous legislative studies have raised questions
about financial practices and accountability in alternative learning
experience ((programs)) courses. Since 2005, there has been
significant enrollment growth in alternative learning experience online
((programs)) courses, with evidence of unexpected financial impact when
large numbers of nonresident students enroll in ((programs)) courses.
Based on this evidence, there is a rational basis on which to conclude
that there are different costs associated with providing ((a program))
courses not primarily based on full-time, daily contact between
teachers and students and not primarily occurring on-site in a
classroom.
(3) For these reasons, the legislature intends to allow for
continuing review and revision of the way in which state funding
allocations are used to support alternative learning experience
((programs)) courses.
Sec. 2 RCW 28A.150.325 and 2011 1st sp.s. c 34 s 2 are each
amended to read as follows:
(1) ((For purposes of this chapter,)) The definitions in this
subsection apply throughout this chapter unless the context clearly
requires otherwise.
(a) "Alternative learning experience ((program)) course" means a
course ((or set of courses)), or for grades kindergarten through eight
grade-level coursework, that is a delivery method for the program of
basic education and is:
(((a))) (i) Provided in whole or in part independently from a
regular classroom setting or schedule, but may include some components
of direct instruction;
(((b))) (ii) Supervised, monitored, assessed, evaluated, and
documented by a certificated teacher employed by the school district or
under contract as permitted by applicable rules; and
(((c))) (iii) Provided in accordance with a written student
learning plan that is implemented pursuant to the school district's
policy and rules adopted by the superintendent of public instruction
for alternative learning experiences.
(b) "In-person" means face-to-face instructional contact in a
physical classroom environment.
(c) "Instructional contact time" means instructional time with a
certificated teacher. Instructional contact time must be for the
purposes of actual instruction, review of assignments, testing,
evaluation of student progress, or other learning activities or
requirements identified in the student's written student learning plan.
Instructional contact time must be related to an alternative learning
experience course identified in the student's written student learning
plan. Instructional contact time may occur in a group setting between
the teacher and multiple students and may be delivered either in-person
or remotely using technology.
(d) "Online course" means an alternative learning experience course
that has the same meaning as provided in RCW 28A.250.010.
(e) "Remote course" means an alternative learning experience course
that is not an online course where the student has in-person
instructional contact time for less than twenty percent of the total
weekly time for the course. No minimum in-person instructional contact
time is required.
(f) "Site-based course" means an alternative learning experience
course where the student has in-person instructional contact time for
at least twenty percent of the total weekly time for the course.
(g) "Total weekly time" means the estimated average hours per
school week the student will engage in learning activities to meet the
requirements of the written student learning plan.
(2) ((The broad categories of alternative learning experience
programs include, but are not limited to:)) School districts may claim
state funding under section 3 of this act, to the extent otherwise
allowed by state law including the provisions of RCW 28A.250.060, for
students enrolled in remote, site-based, or online alternative learning
experience courses. High school courses must meet district or state
graduation requirements and be offered for high school credit.
(a) Online programs as defined in RCW 28A.150.262;
(b) Parent partnership programs that include significant
participation and partnership by parents and families in the design and
implementation of a student's learning experience; and
(c) Contract-based learning programs
(3) School districts that offer alternative learning experience
((programs)) courses may not provide any compensation, reimbursement,
gift, reward, or gratuity to any parents, guardians, or students for
participation in the courses. School district employees are prohibited
from receiving any compensation or payment as an incentive to increase
student enrollment of out-of-district students in ((an)) alternative
learning experience ((program)) courses. This prohibition includes,
but is not limited to, providing funds to parents, guardians, or
students for the purchase of educational materials, supplies,
experiences, services, or technological equipment. A district may
purchase educational materials, equipment, or other nonconsumable
supplies for students' use in alternative learning experience
((programs)) courses if the purchase is consistent with the district's
approved curriculum, conforms to applicable laws and rules, and is made
in the same manner as such purchases are made for students in the
district's regular instructional program. Items so purchased remain
the property of the school district upon program completion. School
districts may not purchase or contract for instructional or
cocurricular experiences and services that are included in an
alternative learning experience written student learning plan,
including but not limited to lessons, trips, and other activities,
unless substantially similar experiences and services are available to
students enrolled in the district's regular instructional program.
School districts that purchase or contract for such experiences and
services for students enrolled in an alternative learning experience
((program)) course must submit an annual report to the office of the
superintendent of public instruction detailing the costs and purposes
of the expenditures. These requirements extend to contracted providers
of alternative learning experience ((programs)) courses, and each
district shall be responsible for monitoring the compliance of its
providers with these requirements. However, nothing in this
((section)) subsection shall prohibit school districts from contracting
with school district employees to provide services or experiences to
students, or from contracting with online providers approved by the
office of the superintendent of public instruction pursuant to chapter
28A.250 RCW.
(4) ((Part-time enrollment in alternative learning experiences is
subject to the provisions of RCW 28A.150.350.)) Each school district offering or
contracting to offer alternative learning experience courses must:
(5) The superintendent of public instruction shall adopt rules
defining minimum requirements and accountability for alternative
learning experience programs
(a) Report annually to the superintendent of public instruction
regarding the course types and offerings, and number of students
participating in each; and
(b) Document the district of residence for each student enrolled in
an alternative learning experience course.
(5) A school district offering or contracting to offer an
alternative learning experience course to a nonresident student must
inform the resident school district if the student drops out of the
course or is otherwise no longer enrolled.
(6) School districts must assess the educational progress of
enrolled students at least annually, using, for full-time students, the
state assessment for the student's grade level and using any other
annual assessments required by the school district. Part-time students
must also be assessed at least annually. However, part-time students
who are either receiving home-based instruction under chapter 28A.200
RCW or who are enrolled in an approved private school under chapter
28A.195 RCW are not required to participate in the assessments required
under chapter 28A.655 RCW. The rules must address how students who
reside outside the geographic service area of the school district are
to be assessed.
(7) Beginning with the 2013-14 school year, school districts must
designate alternative learning experience courses as such when
reporting course information to the office of the superintendent of
public instruction under RCW 28A.300.500.
(8)(a) The superintendent of public instruction shall adopt rules
necessary to implement this section.
(b) Rules adopted for weekly direct personal contact requirements
and monthly progress evaluation must be flexible and reflect the needs
of the student and the student's individual learning plan rather than
specifying an amount of time. In addition, the rules must reduce
documentation requirements, particularly for students making
satisfactory progress, based on the unique aspects of the alternative
learning experience course types defined in this section and taking
into consideration the technical and system capabilities associated
with the different course types.
(c) The rules must establish procedures that address how the
counting of students must be coordinated by resident and nonresident
districts for state funding so that no student is counted for more than
one full-time equivalent in the aggregate.
NEW SECTION. Sec. 3 (1) The superintendent of public instruction
shall separately calculate and allocate moneys appropriated under RCW
28A.150.260 to school districts for each full-time equivalent student
enrolled in an alternative learning experience course that may be
claimed for state funding under this section. The calculation shall be
based on the estimated statewide annual average allocation per full-time equivalent student in grades nine through twelve in general
education, excluding small high school enhancements, and including
applicable rules and provisions of the omnibus appropriations act.
(2) School districts may claim state funding for students enrolled
in alternative learning experience courses under RCW 28A.150.325 (as
recodified by this act) and 28A.250.060 as follows:
(a) School districts may claim state funding for students who
reside in the district.
(b) School districts may claim state funding for students who do
not reside in the district only if any of the following conditions are
met:
(i) All alternative learning experience courses identified in the
student's written student learning plan are online courses;
(ii) The alternative learning experience course in which the
student is enrolled is a site-based course;
(iii) At least ninety percent of the school district's total
headcount number of students enrolled in alternative learning
experience courses consists of students who reside in the district.
The calculation under this subsection (b)(iii) of the total headcount
of students enrolled in alternative learning experience courses must
exclude any students claimed under (b)(i) or (ii) of this subsection;
or
(iv) The student resides in an adjacent school district.
Sec. 4 RCW 28A.250.010 and 2011 1st sp.s. c 34 s 5 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1)(a) "Multidistrict online provider" means:
(i) A private or nonprofit organization that enters into a contract
with a school district to provide online courses or programs to K-12
students from more than one school district;
(ii) A private or nonprofit organization that enters into contracts
with multiple school districts to provide online courses or programs to
K-12 students from those districts; or
(iii) Except as provided in (b) of this subsection, a school
district that provides online courses or programs to students who
reside outside the geographic boundaries of the school district.
(b) "Multidistrict online provider" does not include a school
district online learning program in which fewer than ten percent of the
students enrolled in the program are from other districts under the
interdistrict student transfer provisions of RCW 28A.225.225.
"Multidistrict online provider" also does not include regional online
learning programs that are jointly developed and implemented by two or
more school districts or an educational service district through an
interdistrict cooperative program agreement that addresses, at minimum,
how the districts share student full-time equivalency for state basic
education funding purposes and how categorical education programs,
including special education, are provided to eligible students.
(2)(a) "Online course" means a course or grade-level coursework
where:
(i) More than half of the course content is delivered
electronically using the internet or other computer-based methods;
((and))
(ii) More than half of the teaching is conducted from a remote
location through an online course learning management system or other
online or electronic tools;
(iii) A certificated teacher has the primary responsibility for the
student's instructional interaction. Instructional interaction between
the teacher and the student includes, but is not limited to, direct
instruction, review of assignments, assessment, testing, progress
monitoring, and educational facilitation; and
(iv) Students have access to the teacher synchronously,
asynchronously, or both.
(b) "Online school program" means a school program that((:)) offers a sequential set of online courses or grade-level
coursework that may be taken in a single school term or throughout the
school year in a manner that could provide a full-time basic education
program if so desired by the student. Students may enroll in the
program as part-time or full-time students((
(i) Offers courses or grade-level coursework that is delivered
primarily electronically using the internet or other computer-based
methods;
(ii) Offers courses or grade-level coursework that is taught by a
teacher primarily from a remote location using online or other
electronic tools. Students enrolled in an online program may have
access to the teacher synchronously, asynchronously, or both;
(iii); and)).
(iv) Has an online component of the program with online lessons and
tools for student and data management
(c) An online course or online school program may be delivered to
students at school as part of the regularly scheduled school day. An
online course or online school program also may be delivered to
students, in whole or in part, independently from a regular classroom
schedule, but such courses or programs must comply with RCW
((28A.150.262)) 28A.150.325 (as recodified by this act) and associated
rules adopted by the superintendent of public instruction to qualify
for state basic education funding.
(3) "Online provider" means any provider of an online course or
program, including multidistrict online providers, all school district
online learning programs, and all regional online learning programs.
Sec. 5 RCW 28A.250.020 and 2011 1st sp.s. c 34 s 6 are each
amended to read as follows:
(1) The superintendent of public instruction, in collaboration with
the state board of education, shall develop and implement approval
criteria and a process for approving online providers; a process for
monitoring and if necessary rescinding the approval of courses or
programs offered by an online provider; and an appeals process. The
criteria and processes for multidistrict online providers shall be
adopted by rule by December 1, 2009.
(2) When developing the approval criteria, the superintendent of
public instruction shall require that providers offering online courses
or programs have accreditation, or are candidates for accreditation,
through the Northwest accreditation commission or another national,
regional, or state accreditation program listed by the office of the
superintendent of public instruction ((after consultation with the
Washington coalition for online learning)). In addition to other
criteria, the approval criteria shall include the degree of alignment
with state academic standards and require that all teachers be
certificated in accordance with Washington state law. When reviewing
online providers that offer high school courses, the superintendent of
public instruction shall assure that the courses offered by the
provider are eligible for high school credit. However, final decisions
regarding whether credit meets the school district's graduation
requirements shall remain the responsibility of the school districts.
(3) Initial approval of online providers by the superintendent of
public instruction shall be for four years. The superintendent of
public instruction shall develop a process for the renewal of approvals
and for rescinding approvals based on noncompliance with approval
requirements. Any multidistrict online provider that was approved by
the digital learning commons or accredited by the Northwest association
of accredited schools before July 26, 2009, and that meets the teacher
certification requirements of subsection (2) of this section, is exempt
from the initial approval process under this section until August 31,
2012, but must comply with the process for renewal of approvals and
must comply with approval requirements.
(4) The superintendent of public instruction shall make the first
round of decisions regarding approval of multidistrict online providers
by April 1, 2010. The first round of decisions regarding approval of
online providers that are not multidistrict online providers shall be
made by April 1, 2013. Thereafter, the superintendent of public
instruction shall make annual approval decisions no later than November
1st of each year.
(5) The superintendent of public instruction shall establish an
online learning advisory committee within existing resources that shall
provide advice to the superintendent regarding the approval criteria,
major components of the web site, the model school district policy,
model agreements, and other related matters. The committee shall
include a representative of each of the following groups: Private and
public online providers, parents of online students, accreditation
organizations, educational service districts, school principals,
teachers, school administrators, school board members, institutions of
higher education, and other individuals as determined by the
superintendent. Members of the advisory committee shall be selected by
the superintendent based on nominations from statewide organizations,
shall serve three-year terms, and may be reappointed. The
superintendent shall select the chair of the committee.
Sec. 6 RCW 28A.250.050 and 2011 1st sp.s. c 34 s 11 are each
amended to read as follows:
(1) By August 31, 2010, all school district boards of directors
shall develop policies and procedures regarding student access to
online courses and online learning programs. The policies and
procedures shall include but not be limited to: Student eligibility
criteria; the types of online courses available to students through the
school district; the methods districts will use to support student
success, which may include a local advisor; when the school district
will and will not pay course fees and other costs; the granting of high
school credit; and a process for students and parents or guardians to
formally acknowledge any course taken for which no credit is given.
The policies and procedures shall take effect beginning with the 2010-11 school year. School districts shall submit their policies to the
superintendent of public instruction by September 15, 2010. By
December 1, 2010, the superintendent of public instruction shall
summarize the school district policies regarding student access to
online courses and submit a report to the legislature.
(2) School districts must award credit and grades for online high
school courses successfully completed by a student that meet the school
district's graduation requirements and are provided by an approved
online provider.
(3) School districts shall provide students with information
regarding online courses that are available through the school
district. The information shall include the types of information
described in subsection (1) of this section.
(4) When developing local or regional online learning programs,
school districts shall incorporate into the program design the approval
criteria developed by the superintendent of public instruction under
RCW 28A.250.020.
Sec. 7 RCW 28A.250.060 and 2011 1st sp.s. c 34 s 8 are each
amended to read as follows:
(1) Beginning with the 2011-12 school year, school districts may
claim state funding under ((RCW 28A.150.260)) section 3 of this act, to
the extent otherwise allowed by state law, for students enrolled in
online courses or programs only if the online courses or programs are:
(a) Offered by a multidistrict online provider approved under RCW
28A.250.020 by the superintendent of public instruction;
(b) Offered by a school district online learning program if the
program serves students who reside within the geographic boundaries of
the school district, including school district programs in which fewer
than ten percent of the program's students reside outside the school
district's geographic boundaries; or
(c) Offered by a regional online learning program where courses are
jointly developed and offered by two or more school districts or an
educational service district through an interdistrict cooperative
program agreement.
(2) Beginning with the 2013-14 school year, school districts may
claim state funding under ((RCW 28A.150.260)) section 3 of this act, to
the extent otherwise allowed by state law, for students enrolled in
online courses or programs only if the online courses or programs are
offered by an online provider approved under RCW 28A.250.020 by the
superintendent of public instruction.
(3) Criteria shall be established by the superintendent of public
instruction to allow online courses that have not been approved by the
superintendent of public instruction to be eligible for state funding
if the course is in a subject matter in which no courses have been
approved and, if it is a high school course, the course meets
Washington high school graduation requirements.
Sec. 8 RCW 28A.250.070 and 2009 c 542 s 8 are each amended to
read as follows:
Nothing in this chapter is intended to diminish the rights of
students to attend a nonresident school district in accordance with RCW
28A.225.220 through 28A.225.230 for the purposes of enrolling in online
courses or online school programs. The office of online learning under
RCW 28A.250.030 shall develop a standard form, which must be used by
all school districts, for releasing a student to a nonresident school
district for the purposes of enrolling in an online course or online
school program.
NEW SECTION. Sec. 9 A new section is added to chapter 28A.250
RCW to read as follows:
An online school program may request a waiver from the office of
the superintendent of public instruction to administer one or more
sections of the statewide student assessment for grades three through
eight for some or all students enrolled in the program on alternate
days or on an alternate schedule, as long as the administration is
within the testing period established by the office. The office may
deny a request for a waiver if the online school program's proposal
does not maintain adequate test security or would reduce the
reliability of the assessment results by providing an inequitable
advantage for some students.
Sec. 10 RCW 28A.225.220 and 1995 c 335 s 602 and 1995 c 52 s 2
are each reenacted and amended to read as follows:
(1) Any board of directors may make agreements with adults choosing
to attend school, and may charge the adults reasonable tuition.
(2) A district is strongly encouraged to honor the request of a
parent or guardian for his or her child to attend a school in another
district or the request of a parent or guardian for his or her child to
transfer as a student receiving home-based instruction.
(3) A district shall release a student to a nonresident district
that agrees to accept the student if:
(a) A financial, educational, safety, or health condition affecting
the student would likely be reasonably improved as a result of the
transfer; or
(b) Attendance at the school in the nonresident district is more
accessible to the parent's place of work or to the location of child
care; or
(c) There is a special hardship or detrimental condition; or
(d) The purpose of the transfer is for the student to enroll in an
online course or online school program offered by an online provider
approved under RCW 28A.250.020.
(4) A district may deny the request of a resident student to
transfer to a nonresident district if the release of the student would
adversely affect the district's existing desegregation plan.
(5) For the purpose of helping a district assess the quality of its
education program, a resident school district may request an optional
exit interview or questionnaire with the parents or guardians of a
child transferring to another district. No parent or guardian may be
forced to attend such an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school districts may
not charge transfer fees or tuition for nonresident students enrolled
under subsection (3) of this section and RCW 28A.225.225.
Reimbursement of a high school district for cost of educating high
school pupils of a nonhigh school district shall not be deemed a
transfer fee as affecting the apportionment of current state school
funds.
Sec. 11 RCW 28A.225.225 and 2009 c 380 s 7 are each amended to
read as follows:
(1) Except for students who reside out-of-state and students under
RCW 28A.225.217, a district shall accept applications from nonresident
students who are the children of full-time certificated and classified
school employees, and those children shall be permitted to enroll:
(a) At the school to which the employee is assigned;
(b) At a school forming the district's K through 12 continuum which
includes the school to which the employee is assigned; or
(c) At a school in the district that provides early intervention
services pursuant to RCW 28A.155.065 or preschool services pursuant to
RCW 28A.155.070, if the student is eligible for such services.
(2) A district may reject applications under this section if:
(a) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive behavior, or
gang membership;
(b) The student has been expelled or suspended from a public school
for more than ten consecutive days. Any policy allowing for
readmission of expelled or suspended students under this subsection
(2)(b) must apply uniformly to both resident and nonresident
applicants; ((or))
(c) Enrollment of a child under this section would displace a child
who is a resident of the district, except that if a child is admitted
under subsection (1) of this section, that child shall be permitted to
remain enrolled at that school, or in that district's kindergarten
through twelfth grade continuum, until he or she has completed his or
her schooling; or
(d) The student has repeatedly failed to comply with requirements
for participation in an online school program, such as participating in
weekly direct contact with the teacher or monthly progress evaluations.
(3) Except as provided in subsection (1) of this section, all
districts accepting applications from nonresident students or from
students receiving home-based instruction for admission to the
district's schools shall consider equally all applications received.
Each school district shall adopt a policy establishing rational, fair,
and equitable standards for acceptance and rejection of applications by
June 30, 1990. The policy may include rejection of a nonresident
student if:
(a) Acceptance of a nonresident student would result in the
district experiencing a financial hardship;
(b) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive behavior, or
gang membership; or
(c) The student has been expelled or suspended from a public school
for more than ten consecutive days. Any policy allowing for
readmission of expelled or suspended students under this subsection
(3)(c) must apply uniformly to both resident and nonresident
applicants.
For purposes of subsections (2)(a) and (3)(b) of this section,
"gang" means a group which: (i) Consists of three or more persons;
(ii) has identifiable leadership; and (iii) on an ongoing basis,
regularly conspires and acts in concert mainly for criminal purposes.
(4) The district shall provide to applicants written notification
of the approval or denial of the application in a timely manner. If
the application is rejected, the notification shall include the reason
or reasons for denial and the right to appeal under RCW 28A.225.230(3).
Sec. 12 RCW 28A.150.100 and 2011 1st sp.s. c 34 s 10 are each
amended to read as follows:
(1) For the purposes of this section and RCW 28A.150.410 and
28A.400.200, "basic education certificated instructional staff" means
all full-time equivalent classroom teachers, teacher librarians,
guidance counselors, certificated student health services staff, and
other certificated instructional staff in the following programs as
defined for statewide school district accounting purposes: Basic
education, secondary vocational education, general instructional
support, and general supportive services.
(2) Each school district shall maintain a ratio of at least forty-six basic education certificated instructional staff to one thousand
annual average full-time equivalent students. This requirement does
not apply to that portion of a district's annual average full-time
equivalent enrollment that is enrolled in alternative learning
experience ((programs)) courses as defined in RCW 28A.150.325 (as
recodified by this act).
Sec. 13 RCW 28A.525.162 and 2012 c 244 s 2 are each amended to
read as follows:
(1) Funds appropriated to the superintendent of public instruction
from the common school construction fund shall be allotted by the
superintendent of public instruction in accordance with this chapter.
(2) No allotment shall be made to a school district until such
district has provided local funds equal to or greater than the
difference between the total approved project cost and the amount of
state funding assistance to the district for financing the project
computed pursuant to RCW 28A.525.166, with the following exceptions:
(a) The superintendent of public instruction may waive the local
requirement for state funding assistance for districts which have
provided funds for school building construction purposes through the
authorization of bonds or through the authorization of excess tax
levies or both in an amount equivalent to two and one-half percent of
the value of its taxable property, as defined in RCW 39.36.015.
(b) No such local funds shall be required as a condition to the
allotment of funds from the state for the purpose of making major or
minor structural changes to existing school facilities in order to
bring such facilities into compliance with the barrier free access
requirements of section 504 of the federal rehabilitation act of 1973
(29 U.S.C. Sec. 706) and rules implementing the act.
(3) For the purpose of computing the state funding assistance
percentage under RCW 28A.525.166 when a school district is granted
authority to enter into contracts, adjusted valuation per pupil shall
be calculated using headcount student enrollments from the most recent
October enrollment reports submitted by districts to the superintendent
of public instruction, adjusted as follows:
(a) In the case of projects for which local bonds were approved
after May 11, 1989:
(i) For districts which have been designated as serving high school
districts under RCW 28A.540.110, students residing in the nonhigh
district so designating shall be excluded from the enrollment count if
the student is enrolled in any grade level not offered by the nonhigh
district;
(ii) The enrollment of nonhigh school districts shall be increased
by the number of students residing within the district who are enrolled
in a serving high school district so designated by the nonhigh school
district under RCW 28A.540.110, including only students who are
enrolled in grade levels not offered by the nonhigh school district;
and
(iii) The number of preschool students with disabilities included
in the enrollment count shall be multiplied by one-half;
(b) In the case of construction or modernization of high school
facilities in districts serving students from nonhigh school districts,
the adjusted valuation per pupil shall be computed using the combined
adjusted valuations and enrollments of each district, each weighted by
the percentage of the district's resident high school students served
by the high school district;
(c) The number of kindergarten students included in the enrollment
count shall be counted as one headcount student; and
(d) The number of students residing outside the school district who
are enrolled in alternative learning experience ((programs)) courses
under RCW 28A.150.325 (as recodified by this act) shall be excluded
from the total.
(4) In lieu of the exclusion in subsection (3)(d) of this section,
a district may submit an alternative calculation for excluding students
enrolled in alternative learning experience ((programs)) courses. The
alternative calculation must show the student headcount use of district
classroom facilities on a regular basis for a regular duration by out-of-district alternative learning experience ((program)) students
subtracted by the headcount of in-district alternative learning
experience ((program)) students not using district classroom facilities
on a regular basis for a reasonable duration. The alternative
calculation must be submitted in a form approved by the office of the
superintendent of public instruction. The office of the superintendent
of public instruction must develop rules to define "regular basis" and
"reasonable duration."
(5) The superintendent of public instruction, considering policy
recommendations from the school facilities citizen advisory panel,
shall prescribe such rules as are necessary to equate insofar as
possible the efforts made by school districts to provide capital funds
by the means aforesaid.
(6) For the purposes of this section, "preschool students with
disabilities" means children of preschool age who have developmental
disabilities who are entitled to services under RCW 28A.155.010 through
28A.155.100 and are not included in the kindergarten enrollment count
of the district.
Sec. 14 RCW 28A.525.166 and 2012 c 244 s 3 are each amended to
read as follows:
Allocations to school districts of state funds provided by RCW
28A.525.162 through 28A.525.180 shall be made by the superintendent of
public instruction and the amount of state funding assistance to a
school district in financing a school plant project shall be determined
in the following manner:
(1) The boards of directors of the districts shall determine the
total cost of the proposed project, which cost may include the cost of
acquiring and preparing the site, the cost of constructing the building
or of acquiring a building and preparing the same for school use, the
cost of necessary equipment, taxes chargeable to the project, necessary
architects' fees, and a reasonable amount for contingencies and for
other necessary incidental expenses: PROVIDED, That the total cost of
the project shall be subject to review and approval by the
superintendent.
(2) The state funding assistance percentage for a school district
shall be computed by the following formula:
The ratio of the school district's adjusted valuation per pupil
divided by the ratio of the total state adjusted valuation per pupil
shall be subtracted from three, and then the result of the foregoing
shall be divided by three plus (the ratio of the school district's
adjusted valuation per pupil divided by the ratio of the total state
adjusted valuation per pupil).
District adjusted | Total state | ||||||
3-valuation | ÷ | adjusted valuation | |||||
Computed | per pupil | per pupil | State | ||||
State | Funding | ||||||
Ratio | District adjusted | Total state | Assistance | ||||
3+valuation | ÷ | adjusted valuation | |||||
per pupil | per pupil |
NEW SECTION. Sec. 15 RCW 28A.150.262 (Defining full-time
equivalent student -- Students receiving instruction through alternative
learning experience online programs -- Requirements) and 2011 1st sp.s.
c 34 s 3, 2009 c 542 s 9, & 2005 c 356 s 2 are each repealed.
NEW SECTION. Sec. 16 (1) RCW 28A.150.325 is recodified as a
section in chapter 28A.--- RCW (the new chapter created in section 17
of this act).
(2) 2011 1st sp.s. c 34 s 1 is codified as a section in chapter
28A.--- RCW (the new chapter created in section 17 of this act).
NEW SECTION. Sec. 17 Sections 1 and 3 of this act constitute a
new chapter in Title 28A RCW.
NEW SECTION. Sec. 18 Section 3 of this act takes effect
September 1, 2013."
Correct the title.
EFFECT: Makes the following changes to the underlying bill:
Replaces "hybrid course" (at least 20% weekly contact, may be
remote) with "site-based course" (at least 20% weekly in-person
contact).
Retains definitions of "remote" course (<20% in-person weekly
contact) and "online" course (defined by current law, with a
clarification that a certificated teacher has primary responsibility
for the student's instruction). Clarifies that a remote course is one
that is not an online course and no minimum in-person instructional
contact is required.
Clarifies that "course" includes grade-level coursework for grades
K-8.
Adds a definition of "in-person" to mean face-to-face instruction
in a physical classroom.
Streamlines the definition of "online school program" to reduce
duplication with "online course."
Effective September 1, 2013, allows school districts to claim
funding for students in all three types of ALE courses only as follows:
Districts may claim funding if the students are resident to the
district.
Districts may claim funding for nonresident students only if:
All ALE courses in the student's learning plan are online courses;
The student is enrolled in a site-based course;
At least 90 percent of the district's total ALE headcount is
resident students (students enrolled only in online courses and
students in site-based courses are excluded from the total); or
The student resides in an adjacent district.
Removes the OFM funding and accountability study.
Makes technical corrections to other current laws regarding ALE and
online courses to align with the use of "courses" rather than
"programs", as well as the new funding allocation for ALE based on the
statewide average high school BEA. Repeals a section of law dealing
with online programs that duplicates existing provisions of law or
rule.
Adds the following provisions to the underlying bill:
Provides that SPI rules for weekly personal contact and progress
evaluation must reduce documentation requirements, particularly for
students making satisfactory progress, based on the unique aspects of
the ALE course type.
Requires SPI to adopt rules clarifying how resident & nonresident
districts share student count so as not to exceed 1 FTE for online
courses.
Requires school districts offering an ALE course to a nonresident
student to inform the resident district if a student drops out or is no
longer enrolled.
Allows online programs to request a waiver from SPI to conduct
state assessments on a different schedule, but still within the overall
testing window.
Directs OSPI to develop a standard choice release form for release
of a student to an online program in another district.
Requires districts to release a student to enroll in an approved
online program in a nonresident district.
Allows nonresident districts to deny choice for an online student
who is not following the rules for participation in an online course.