BILL REQ. #:  H-3608.3 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to implementing strategies to close the educational opportunity gap, based on the recommendations of the educational opportunity gap oversight and accountability committee; amending RCW RCW 28A.600.010, 28A.600.015, 28A.600.020, 28A.600.022, 28A.600.410, 28A.600.455, 28A.600.460, 28A.635.090, 43.41.400, 28A.405.106, 28A.405.120, 28A.660.045, 28A.660.050, 28A.180.040, 28A.410.260, 28A.180.090, 28A.300.042, and 28A.300.505; adding a new section to chapter 28A.600 RCW; adding a new section to chapter 28A.415 RCW; adding new sections to chapter 28A.657 RCW; adding a new section to chapter 28A.410 RCW; adding a new section to chapter 28B.50 RCW; creating new sections; and providing expiration dates.

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

NEW SECTION.  Sec. 1   (1) The legislature has already established that it is a goal of the state to provide for a public school system that gives all students the opportunity to achieve personal and academic success. This goal contains within it a promise of excellence and opportunity for all students, not just some students. In establishing the educational opportunity gap oversight and accountability committee in 2009, the legislature recognized that additional work was needed to fulfill the promise of excellence and opportunity for students of certain demographic groups, including English language learners and also including students with disabilities.
     (2) In its 2013 and 2014 reports to the legislature, the educational opportunity gap oversight and accountability committee made the following recommendations in keeping with its statutory purpose, which is to recommend specific policies and strategies to close the educational opportunity gap:
     (a) Decrease the disproportionate representation of students of color in disciplinary actions in schools;
     (b) Enhance the cultural competence of current and future educators;
     (c) Provide English language learner and second language acquisition endorsements for all educators;
     (d) Create new English language learner accountability benchmarks;
     (e) Provide tools for deeper data analysis and disaggregation of student demographic data to inform instructional strategies to close the opportunity gap; and
     (f) Invest in the recruitment and retention of educators of color.
     (3) The legislature finds that these recommendations represent a holistic approach to making progress toward closing the opportunity gap. The recommendations are interdependent and mutually reinforcing. Closing the opportunity gap requires highly skilled, culturally competent, and diverse educators who understand the communities and cultures that students come from; it requires careful monitoring of not only the academic performance but also the educational environment for all students, at a fine grain of detail to assure adequate accountability; and it requires a robust program of instruction, including appropriately trained educators, to help English language learners gain language proficiency as well as academic proficiency. The legislature also reaffirms the fundamental importance of culturally competent and meaningful family engagement in students' education, which requires effective two-way communication between educators and parents or guardians, regardless of language or culture.
     (4) Therefore the legislature intends to adopt policies and programs to implement the six recommendations of the educational opportunity gap oversight and accountability committee.

Sec. 101   RCW 28A.600.010 and 2006 c 263 s 901 are each amended to read as follows:
     Every board of directors, unless otherwise specifically provided by law, shall:
     (1) Enforce the rules prescribed by the superintendent of public instruction for the government of schools, pupils, and certificated employees.
     (2) Adopt and make available to each pupil, teacher and parent in the district reasonable written rules regarding pupil conduct, discipline, and rights, including but not limited to short-term suspensions as referred to in RCW 28A.600.015 and suspensions in excess of ten consecutive days. Such rules shall not be inconsistent with any of the following: Federal statutes and regulations, state statutes, common law, and the rules of the superintendent of public instruction. The board's rules shall include such substantive and procedural due process guarantees as prescribed by the superintendent of public instruction under RCW 28A.600.015. When such rules are made available to each pupil, teacher, and parent, they shall be accompanied by a detailed description of rights, responsibilities, and authority of teachers and principals with respect to the discipline of pupils as prescribed by state statutory law, the superintendent of public instruction, and the rules of the school district.
     For the purposes of this subsection, computation of days included in "short-term" and "long-term" suspensions shall be determined on the basis of consecutive school days.
     (3) Suspend, expel, or discipline pupils in accordance with RCW 28A.600.015
     (4) Use the disaggregated data collected in RCW 28A.300.042 to monitor the impact of the school district's discipline policies and practices.
     (5) In consultation with school district staff, families, and members of the community, periodically review and update the rules and policies adopted under this section.

Sec. 102   RCW 28A.600.015 and 2013 2nd sp.s. c 18 s 302 are each amended to read as follows:
     (1) The superintendent of public instruction shall adopt and distribute to all school districts lawful and reasonable rules prescribing the substantive and procedural due process guarantees of pupils in the common schools. Such rules shall authorize a school district to use informal due process procedures in connection with the short-term suspension of students to the extent constitutionally permissible: PROVIDED, That the superintendent of public instruction deems the interest of students to be adequately protected. When a student suspension or expulsion is appealed, the rules shall authorize a school district to impose the suspension or expulsion temporarily after an initial hearing for no more than ten consecutive school days or until the appeal is decided, whichever is earlier. Any days that the student is temporarily suspended or expelled before the appeal is decided shall be applied to the term of the student suspension or expulsion and shall not limit or extend the term of the student suspension or expulsion. An expulsion or suspension of a student may not be for an indefinite period of time.
     (2) Short-term suspension procedures may be used for suspensions of students up to and including, ten consecutive school days.
     (3) Emergency expulsions must end or be converted to another form of corrective action within ten school days from the date of the emergency removal from school. Notice and due process rights must be provided when an emergency expulsion is converted to another form of corrective action.
     (4) School districts may not impose long-term suspension or expulsion as a form of discretionary discipline.
     (5) As used in this section and RCW 28A.600.460, "discretionary discipline" means a disciplinary action taken by a school district for student behavior that violates rules of student conduct adopted by a school district board of directors in RCW 28A.600.010, but does not constitute any of the following:
     (a) A violation of RCW 28A.600.420;
     (b) An offense in RCW 13.04.155; or
     (c) Two or more violations of RCW 9A.46.120 or 28A.600.455 within a three-year period.
     (6) Except as provided in RCW 28A.600.420, school districts are not required to impose long-term suspension or expulsion for behavior that constitutes a violation or offense listed under subsection (5)(a) through (c) of this section and should first consider alternative actions.

Sec. 103   RCW 28A.600.020 and 2013 2nd sp.s. c 18 s 303 are each amended to read as follows:
     (1) The rules adopted pursuant to RCW 28A.600.010 shall be interpreted to ensure that the optimum learning atmosphere of the classroom is maintained, and that the highest consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain the optimum learning atmosphere.
     (2) Any student who creates a disruption of the educational process in violation of the building disciplinary standards while under a teacher's immediate supervision may be excluded by the teacher from his or her individual classroom and instructional or activity area for all or any portion of the balance of the school day, or up to the following two days, or until the principal or designee and teacher have conferred, whichever occurs first. Except in emergency circumstances, the teacher first must attempt one or more alternative forms of corrective action. In no event without the consent of the teacher may an excluded student return to the class during the balance of that class or activity period or up to the following two days, or until the principal or his or her designee and the teacher have conferred.
     (3) In order to preserve a beneficial learning environment for all students and to maintain good order and discipline in each classroom, every school district board of directors shall provide that written procedures are developed for administering discipline at each school within the district. Such procedures shall be developed with the participation of parents and the community, and shall provide that the teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable attempt to involve the parent or guardian and the student in the resolution of student discipline problems. Such procedures shall provide that students may be excluded from their individual classes or activities for periods of time in excess of that provided in subsection (2) of this section if such students have repeatedly disrupted the learning of other students. The procedures must be consistent with the rules of the superintendent of public instruction and must provide for early involvement of parents in attempts to improve the student's behavior.
     (4) The procedures shall assure, pursuant to RCW 28A.400.110, that all staff work cooperatively toward consistent enforcement of proper student behavior throughout each school as well as within each classroom.
     (5)(a) A principal shall consider imposing long-term suspension or expulsion as a sanction when deciding the appropriate disciplinary action for a student who, after July 27, 1997:
     (i) Engages in two or more violations within a three-year period of RCW 9A.46.120((, 28A.320.135,)) or 28A.600.455((, 28A.600.460, 28A.635.020, 28A.600.020, 28A.635.060, 9.41.280, or 28A.320.140)); or
     (ii) Engages in one or more of the offenses listed in RCW 13.04.155.
     (b) The principal shall communicate the disciplinary action taken by the principal to the school personnel who referred the student to the principal for disciplinary action.
     (6) Any corrective action involving a suspension or expulsion from school for more than ten days must have an end date ((of not more than one calendar year)) no later than the end of the academic term from the time of corrective action, except as provided in RCW 28A.600.420. In consultation with families and guardians of students subject to corrective action, districts shall make reasonable efforts to assist students and parents in returning to an educational setting prior to and no later than the end date of the corrective action. Where warranted based on public health or safety, a school may petition the superintendent of the school district, pursuant to policies and procedures adopted by the office of the superintendent of public instruction, for authorization to exceed the ((one calendar year)) academic term limitation provided in this subsection. The superintendent of public instruction shall adopt rules outlining the limited circumstances in which a school may petition to exceed the ((one calendar year)) academic term limitation, including safeguards to ensure that the school district has made every effort to plan for the student's return to school. School districts shall report to the office of the superintendent of public instruction the number of petitions made to the school board and the number of petitions granted on an annual basis.
     (7) School districts may not suspend the provision of educational services to a student as a disciplinary action. A student may be excluded from a particular classroom or instructional or activity area for the period of suspension, but the school district must provide an opportunity for a student to receive educational services during a period of suspension or expulsion that, at a minimum, meet the standards established by the superintendent of public instruction under section 105 of this act. Nothing in this section prevents a public school district, educational service district, the Washington state center for childhood deafness and hearing loss, or the state school for the blind if it has suspended or expelled a student from the student's regular school setting from providing educational services to the student in an alternative setting or through an alternative manner or program or from modifying the suspension or expulsion on a case-by-case basis.

Sec. 104   RCW 28A.600.022 and 2013 2nd sp.s. c 18 s 308 are each amended to read as follows:
     (1) School districts should make efforts to have suspended or expelled students return to an educational setting as soon as possible. School districts ((should)) must convene a meeting with the student and the student's parents or guardians within twenty days of the student's long-term suspension or expulsion, but no later than five days before the student's enrollment, to discuss a plan to reengage the student in a school program.
     (2) In developing a reengagement plan, school districts should consider shortening the length of time that the student is suspended or expelled, other forms of corrective action, and supportive interventions that aid in the student's academic success and keep the student engaged and on track to graduate. School districts, in collaboration with the student's parents or guardians, must create a reengagement plan tailored to the student's individual circumstances, including consideration of the incident that led to the student's long-term suspension or expulsion. The plan should aid the student in taking the necessary steps to remedy the situation that led to the student's suspension or expulsion.
     (3) Any reengagement meetings conducted by the school district involving the suspended or expelled student and his or her parents or guardians are not intended to replace a petition for readmission.
      (4) The office of the superintendent of public instruction shall develop a clearinghouse of systemic, highly effective, research-based practices for providing comprehensive social emotional and academic support for students, both while they are subject to disciplinary action and after reengagement. The office shall also provide technical assistance to school districts on the use of available resources to support reengagement plans, including funds from the learning assistance program for purposes of reducing disruptive behaviors in the classroom.

NEW SECTION.  Sec. 105   A new section is added to chapter 28A.600 RCW to read as follows:
     (1) The superintendent of public instruction shall develop standards for educational services provided to students during a period of suspension or expulsion. At a minimum, the standards must require that students be provided an opportunity to make academic progress during the suspension or expulsion, make up missed assignments or assessments, and earn credits missed.
     (2) In developing the standards, the superintendent shall consult with the office of the education ombuds; associations representing teachers, principals, school administrators, and school directors; the educational opportunity gap oversight and accountability committee; and organizations representing parents, including parents of students in special education.
     (3) The superintendent shall monitor the educational services provided to students who are suspended or expelled through regularly scheduled consolidated program reviews and through the activities of the office of equity and civil rights within the office of the superintendent of public instruction.

Sec. 106   RCW 28A.600.410 and 1992 c 155 s 1 are each amended to read as follows:
     (1) Thousands of Washington students are excluded from school each year due to out-of-school suspensions and expulsions. Out-of-school suspensions and expulsions contribute to poor academic achievement, lower graduation rates, and higher dropout rates. It is the intent of the legislature to minimize the use of out-of-school suspension and expulsion and its impact on student achievement by reducing the number of days that students are excluded from school due to disciplinary action. Student behavior should not result in the loss of educational opportunity in the public school system.
     (2) School districts are encouraged to find alternatives to suspension including reducing the length of a student's suspension conditioned by the commencement of counseling or other treatment services. Consistent with current law, the conditioning of a student's suspension does not obligate the school district to pay for the counseling or other treatment services except for those stipulated and agreed to by the district at the inception of the suspension.

Sec. 107   RCW 28A.600.455 and 1997 c 266 s 2 are each amended to read as follows:
     (1) A student who is enrolled in a public school or an alternative school may be suspended or expelled if the student is a member of a gang and knowingly engages in gang activity on school grounds, subject to the provisions of RCW 28A.600.015.
     (2) "Gang" means a group which: (a) Consists of three or more persons; (b) has identifiable leadership; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.

Sec. 108   RCW 28A.600.460 and 2013 2nd sp.s. c 18 s 305 are each amended to read as follows:
     (1) School district boards of directors shall adopt policies that restore discipline to the classroom. Such policies must provide for at least the following: Allowing each teacher to take disciplinary action to correct a student who disrupts normal classroom activities, abuses or insults a teacher as prohibited by RCW 28A.635.010, willfully disobeys a teacher, uses abusive or foul language directed at a school district employee, school volunteer, or another student, violates school rules, or who interferes with an orderly education process. Disciplinary action may include but is not limited to: Oral or written reprimands; written notification to parents of disruptive behavior, a copy of which must be provided to the principal.
     (2) A student committing an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is directed toward the teacher, shall not be assigned to that teacher's classroom for the duration of the student's attendance at that school or any other school where the teacher is assigned.
     (3) A student who commits an offense under chapter 9A.36, 9A.40, 9A.46, or 9A.48 RCW, when directed toward another student, may be removed from the classroom of the victim for the duration of the student's attendance at that school or any other school where the victim is enrolled. A student who commits an offense under one of the chapters enumerated in this section against a student or another school employee, may be expelled or suspended.
     (4) Nothing in this section is intended to limit the authority of a school under existing law and rules to expel or suspend a student for misconduct or criminal behavior. However, school districts may not impose long-term suspension or expulsion as a form of discretionary discipline as defined in RCW 28A.600.015.
     (5) All school districts must collect data on disciplinary actions taken in each school and must record these actions using the statewide student data system, based on the data collection standards established by the office of the superintendent of public instruction and the K-12 data governance group. The information shall be made available to the public, but public release of the data shall not include personally identifiable information including, but not limited to, a student's social security number, name, or address.

Sec. 109   RCW 28A.635.090 and 2003 c 53 s 169 are each amended to read as follows:
     (1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, teacher, classified employee, person under contract with the school or school district, or student of any common school who is in the peaceful discharge or conduct of his or her duties or studies. Any such interference by force or violence committed by a student shall be grounds for immediate suspension or expulsion of the student, subject to the provisions of RCW 28A.600.015.
     (2) A person violating this section is guilty of a gross misdemeanor and shall be fined not more than five hundred dollars, or imprisoned in jail not more than six months, or both such fine and imprisonment.

Sec. 110   RCW 43.41.400 and 2012 c 229 s 585 are each amended to read as follows:
     (1) An education data center shall be established in the office of financial management. The education data center shall jointly, with the legislative evaluation and accountability program committee, conduct collaborative analyses of early learning, K-12, and higher education programs and education issues across the P-20 system, which includes the department of early learning, the superintendent of public instruction, the professional educator standards board, the state board of education, the state board for community and technical colleges, the workforce training and education coordinating board, the student achievement council, public and private nonprofit four-year institutions of higher education, and the employment security department. The education data center shall conduct collaborative analyses under this section with the legislative evaluation and accountability program committee and provide data electronically to the legislative evaluation and accountability program committee, to the extent permitted by state and federal confidentiality requirements. The education data center shall be considered an authorized representative of the state educational agencies in this section under applicable federal and state statutes for purposes of accessing and compiling student record data for research purposes.
     (2) The education data center shall:
     (a) In consultation with the legislative evaluation and accountability program committee and the agencies and organizations participating in the education data center, identify the critical research and policy questions that are intended to be addressed by the education data center and the data needed to address the questions;
     (b) Coordinate with other state education agencies to compile and analyze education data, including data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups, and complete P-20 research projects;
     (c) Collaborate with the legislative evaluation and accountability program committee and the education and fiscal committees of the legislature in identifying the data to be compiled and analyzed to ensure that legislative interests are served;
     (d) Annually provide to the K-12 data governance group a list of data elements and data quality improvements that are necessary to answer the research and policy questions identified by the education data center and have been identified by the legislative committees in (c) of this subsection. Within three months of receiving the list, the K-12 data governance group shall develop and transmit to the education data center a feasibility analysis of obtaining or improving the data, including the steps required, estimated time frame, and the financial and other resources that would be required. Based on the analysis, the education data center shall submit, if necessary, a recommendation to the legislature regarding any statutory changes or resources that would be needed to collect or improve the data;
     (e) Monitor and evaluate the education data collection systems of the organizations and agencies represented in the education data center ensuring that data systems are flexible, able to adapt to evolving needs for information, and to the extent feasible and necessary, include data that are needed to conduct the analyses and provide answers to the research and policy questions identified in (a) of this subsection;
     (f) Track enrollment and outcomes through the public centralized higher education enrollment system;
     (g) Assist other state educational agencies' collaborative efforts to develop a long-range enrollment plan for higher education including estimates to meet demographic and workforce needs;
     (h) Provide research that focuses on student transitions within and among the early learning, K-12, and higher education sectors in the P-20 system; ((and))
     (i) Prepare a regular report on the educational and workforce outcomes of youth in the juvenile justice system, using data disaggregated as provided in RCW 28A.300.042 and by age; and
     (j) Make recommendations to the legislature as necessary to help ensure the goals and objectives of this section and RCW 28A.655.210 and 28A.300.507 are met.
     (3) The department of early learning, superintendent of public instruction, professional educator standards board, state board of education, state board for community and technical colleges, workforce training and education coordinating board, student achievement council, public four-year institutions of higher education, department of social and health services, and employment security department shall work with the education data center to develop data-sharing and research agreements, consistent with applicable security and confidentiality requirements, to facilitate the work of the center. The education data center shall also develop data-sharing and research agreements with the administrative office of the courts to conduct research on educational and workforce outcomes using data maintained under RCW 13.50.010(11) related to juveniles. Private, nonprofit institutions of higher education that provide programs of education beyond the high school level leading at least to the baccalaureate degree and are accredited by the Northwest association of schools and colleges or their peer accreditation bodies may also develop data-sharing and research agreements with the education data center, consistent with applicable security and confidentiality requirements. The education data center shall make data from collaborative analyses available to the education agencies and institutions that contribute data to the education data center to the extent allowed by federal and state security and confidentiality requirements applicable to the data of each contributing agency or institution.

Sec. 201   RCW 28A.405.106 and 2012 c 35 s 5 are each amended to read as follows:
     (1) Subject to funds appropriated for this purpose, the office of the superintendent of public instruction must develop and make available a professional development program to support the implementation of the evaluation systems required by RCW 28A.405.100. The program components may be organized into professional development modules for principals, administrators, and teachers. The professional development program shall include a comprehensive online training package.
     (2) The training program must include, but not be limited to, the following topics:
     (a) Introduction of the evaluation criteria for teachers and principals and the four-level rating system;
     (b) Orientation to and use of instructional frameworks;
     (c) Orientation to and use of the leadership frameworks;
     (d) Best practices in developing and using data in the evaluation systems, including multiple measures, student growth data, classroom observations, and other measures and evidence;
     (e) Strategies for achieving maximum rater agreement;
     (f) Evaluator feedback protocols in the evaluation systems;
     (g) Examples of high quality teaching and leadership; and
     (h) Methods to link the evaluation process to ongoing educator professional development.
     (3) The training program must also include the foundational elements of cultural competence, focusing on multicultural education and principles of English language acquisition, as well as best practices in implementing the tribal history and culture curricula in RCW 28A.320.170 and in providing appropriate language access to limited English proficient families. The content of the training must be aligned with the standards for cultural competence developed by the professional educator standards board under RCW 28A.410.270. The office of the superintendent of public instruction, in consultation with the professional educator standards board, the steering committee established in RCW 28A.405.100, and the educational opportunity gap oversight and accountability committee, must integrate the content for cultural competence into the overall training for principals, administrators, and teachers to support the revised evaluation systems.
     (4) To the maximum extent feasible, the professional development program must incorporate or adapt existing online training or curriculum, including securing materials or curriculum under contract or purchase agreements within available funds. Multiple modes of instruction should be incorporated including videos of classroom teaching, participatory exercises, and other engaging combinations of online audio, video, and print presentation.
     (((4))) (5) The professional development program must be developed in modules that allow:
     (a) Access to material over a reasonable number of training sessions;
     (b) Delivery in person or online; and
     (c) Use in a self-directed manner.
     (((5))) (6) The office of the superintendent of public instruction must maintain a web site that includes the online professional development materials along with sample evaluation forms and templates, links to relevant research on evaluation and on high quality teaching and leadership, samples of contract and collective bargaining language on key topics, examples of multiple measures of teacher and principal performance, suggestions for data to measure student growth, and other tools that will assist school districts in implementing the revised evaluation systems.
     (((6))) (7) The office of the superintendent of public instruction must identify the number of in-service training hours associated with each professional development module and develop a way for users to document their completion of the training. Documented completion of the training under this section is considered approved in-service training for the purposes of RCW 28A.415.020.
     (((7))) (8) The office of the superintendent of public instruction shall periodically update the modules to reflect new topics and research on performance evaluation so that the training serves as an ongoing source of continuing education and professional development.
     (((8))) (9) The office of the superintendent of public instruction shall work with the educational service districts to provide clearinghouse services for the identification and publication of professional development opportunities for teachers and principals that align with performance evaluation criteria.

Sec. 202   RCW 28A.405.120 and 2012 c 35 s 2 are each amended to read as follows:
     (1) School districts shall require each administrator, each principal, or other supervisory personnel who has responsibility for evaluating classroom teachers or principals to have training in evaluation procedures.
     (2) Before school district implementation of the revised evaluation systems required under RCW 28A.405.100, principals and administrators who have evaluation responsibilities must engage in professional development designed to implement the revised systems and maximize rater agreement. The professional development to support the revised evaluation systems must also include foundational elements of cultural competence, focusing on multicultural education and principles of English language acquisition, as well as best practices in implementing the tribal history and culture curricula in RCW 28A.320.170 and in providing appropriate language access to limited English proficient families.

NEW SECTION.  Sec. 203   A new section is added to chapter 28A.415 RCW to read as follows:
     (1) The office of the superintendent of public instruction, in collaboration with the educational opportunity gap oversight and accountability committee, the professional educator standards board, colleges of education, and representatives from diverse communities and community-based organizations, must develop a content outline for professional development and training in cultural competence for school staff.
     (2) The content of the cultural competence professional development and training must be aligned with the standards developed by the professional educator standards board under RCW 28A.410.270 and include best practices in implementing the tribal history and culture curricula in RCW 28A.320.170 and in providing appropriate language access to limited English proficient families.
     (3) The cultural competence professional development and training must contain components that are appropriate for classified school staff and district administrators as well as certificated instructional staff and principals at the building level. The professional development and training must also contain components suitable for delivery by individuals from the local community or community-based organizations with appropriate expertise.
     (4) The legislature encourages educational service districts and school districts to use the cultural competence professional development and training developed under this section and provide opportunities for all school and school district staff to gain knowledge and skills in cultural competence, including in partnership with their local communities. The legislature also encourages partnerships between diverse community organizations, families, schools, and institutions of higher education in the delivery of cultural competence professional development and training.

NEW SECTION.  Sec. 204   A new section is added to chapter 28A.657 RCW to read as follows:
     Schools that are identified through the state accountability system as challenged schools in need of improvement in RCW 28A.657.020 must provide the cultural competence professional development and training developed under section 203 of this act for classified, certificated instructional, and administrative staff of the school. The professional development and training may be delivered by an educational service district, through district in-service, or by another qualified provider, including in partnership with the local community.

Sec. 301   RCW 28A.660.045 and 2007 c 396 s 7 are each amended to read as follows:
     (1) The educator retooling (to teach mathematics and science)) conditional scholarship program is created. Participation is limited to current K-12 teachers and individuals having an elementary education certificate but who are not employed in positions requiring an elementary education certificate. It is anticipated that candidates enrolled in this program will complete the requirements for a mathematics ((or)), science, special education, bilingual education, or English language learner endorsement((, or both,)) in two years or less.
     (2) Entry requirements for candidates include:
     (a) Current K-12 teachers shall pursue a middle level mathematics or science, ((or)) secondary mathematics or science, special education, bilingual education, or English language learner endorsement.
     (b) Individuals having an elementary education certificate but who are not employed in positions requiring an elementary education certificate shall pursue an endorsement only in middle level mathematics or science ((only)), special education, bilingual education, or English language learner.

Sec. 302   RCW 28A.660.050 and 2012 c 229 s 507 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 student achievement council. In administering the programs, the council 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 council 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 as provided by RCW 28A.660.042. 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 student achievement council may adjust the annual award by the average rate of tuition and fee increases at the state community and technical colleges.
     (c) The educator 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, special education, bilingual education, or English language learner endorsement; or
     (ii) Individuals who are certificated with an elementary education endorsement shall pursue an endorsement in middle level mathematics or science, ((or both)) special education, bilingual education, or English language learner; and
     (iii) Individuals shall use one of the pathways to endorsement processes to receive ((a mathematics or science)) the endorsement, ((or both,)) which shall include passing ((a mathematics or science)) the associated 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. In awarding educator retooling scholarships to support additional bilingual education and English language learner endorsements, the board shall give preference to: Teachers seeking endorsements in order to be assigned to the transitional bilingual instructional program under the provisions of RCW 28A.180.040(2), teachers assigned to schools that are identified through the state accountability system as challenged schools in need of improvement under RCW 28A.657.020, and teachers assigned to schools whose enrollment of English language learner students has increased an average of more than five percent per year over the previous three years.
     (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 student achievement council shall adopt rules to define the terms for repayment, including applicable interest rates, fees, and deferments. The student achievement council must provide regular reports to the professional educator standards board that include the enrollment, employment, and repayment status of recipients of all scholarships under this section and the certificate number of recipients who have successfully completed a certification program.
     (6) The student achievement council 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. Funds received by the professional educator standards board for the program in this chapter may be transferred to the student achievement council for deposit in the future teachers conditional scholarship account.

Sec. 303   RCW 28A.180.040 and 2013 2nd sp.s. c 9 s 4 are each amended to read as follows:
     (1) Every school district board of directors shall:
     (a) Make available to each eligible pupil transitional bilingual instruction to achieve competency in English, in accord with rules of the superintendent of public instruction;
     (b) Wherever feasible, ensure that communications to parents emanating from the schools shall be appropriately bilingual for those parents of pupils in the bilingual instruction program;
     (c) Determine, by administration of an English test approved by the superintendent of public instruction the number of eligible pupils enrolled in the school district at the beginning of a school year and thereafter during the year as necessary in individual cases;
     (d) Ensure that a student who is a child of a military family in transition and who has been assessed as in need of, or enrolled in, a bilingual instruction program, the receiving school shall initially honor placement of the student into a like program.
     (i) The receiving school shall determine whether the district's program is a like program when compared to the sending school's program; and
     (ii) The receiving school may conduct subsequent assessments pursuant to RCW 28A.180.090 to determine appropriate placement and continued enrollment in the program;
     (e) Before the conclusion of each school year, measure each eligible pupil's improvement in learning the English language by means of a test approved by the superintendent of public instruction;
     (f) Provide in-service training for teachers, counselors, and other staff, who are involved in the district's transitional bilingual program. Such training shall include appropriate instructional strategies for children of culturally different backgrounds, use of curriculum materials, and program models; and
     (g) Make available a program of instructional support for up to two years immediately after pupils exit from the program, for exited pupils who need assistance in reaching grade-level performance in academic subjects even though they have achieved English proficiency for purposes of the transitional bilingual instructional program.
     (2) Beginning in the 2017-18 school year, all classroom teachers assigned using funds for the transitional bilingual instructional program to provide supplemental instruction for eligible pupils must hold an endorsement in bilingual education or English language learner, or both.
     (3) The definitions in Article II of RCW 28A.705.010 apply to subsection (1)(d) of this section.

Sec. 304   RCW 28A.410.260 and 2009 c 468 s 5 are each amended to read as follows:
     (1) The professional educator standards board, in consultation and collaboration with the ((achievement)) educational opportunity gap oversight and accountability committee established under RCW 28A.300.136, shall identify a list of model standards for cultural competency and make recommendations to the education committees of the legislature on the strengths and weaknesses of those standards.
     (2) For the purposes of this section, "cultural competency" includes knowledge of student cultural histories and contexts, as well as family norms and values in different cultures; knowledge and skills in accessing community resources and community and parent outreach; and skills in adapting instruction to students' experiences and identifying cultural contexts for individual students.
     (3) The professional educator standards board shall examine the principles of language acquisition embedded in the knowledge and skill standards required for educator certification to ensure that the principles address instruction for both non-English speaking students and students who speak nonstandard English.

NEW SECTION.  Sec. 401   (1) The legislature finds that, while there is guidance for schools and school districts in implementing the transitional bilingual instruction program, there is not sufficient accountability for programs serving students who are English language learners. Furthermore, this accountability should include the appropriate use of qualified foreign language interpreters both to support instruction and to facilitate effective two-way communication with parents and families.
     (2) The office of the superintendent of public instruction shall convene an English language learner accountability task force to design a performance-based accountability system for the transitional bilingual instructional program. The task force must include representatives from the educational opportunity gap oversight and accountability committee, the state ethnic commissions, the governor's office of tribal affairs, the office of the education ombuds, the civil rights office within the office of the superintendent of public instruction, parents, community representatives, and program directors and teachers from school districts of different sizes and with different English language learner student populations.
     (3) The task force must review the research literature to identify evidence-based program designs and instructional strategies for English language learners to achieve English proficiency.
     (4) The task force must identify performance benchmarks for transitional bilingual instructional programs, including:
     (a) Benchmarks based on performance of eligible and exited students, including performance in English language and performance in other academic areas, based on state learning standards; and
     (b) Benchmarks based on program characteristics that research suggests are associated with students achieving English proficiency, such as staff qualifications and training and the level of supplemental instruction for students.
     (5) The task force must design an accountability system for the program that includes reporting and monitoring of benchmark performance and tiered levels of support and technical assistance for schools and districts based on benchmark performance. The design of the system must also include a reduction in requirements for schools and districts to submit program applications and program plans for state approval, to be replaced with a focus on program outcomes.
     (6) The task force must submit a report first to the educational opportunity gap oversight and accountability committee and the quality education council, and then to the education committees of the legislature, with recommendations for the design of the accountability system and any policy changes, statutory changes, or resources necessary for its implementation. An interim report is due to the legislative education committees by January 15, 2015, and a final report is due by September 30, 2015.
     (7) This section expires July 1, 2016.

Sec. 402   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;
     (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. 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.)) Provide school districts with technical assistance and support in selecting research-based program models, instructional materials, and professional development for program staff, including disseminating information about best practices and innovative programs. The information must include research about the differences between conversational language proficiency, academic language proficiency, and subject-specific language proficiency and the implications this research has on instructional practices and evaluation of program effectiveness.

NEW SECTION.  Sec. 403   A new section is added to chapter 28A.657 RCW to read as follows:
     At the beginning of each school year, the office of the superintendent of public instruction shall identify schools that experienced a significant increase during the previous two school years in enrollment of English language learner students as compared to previous enrollment trends. The office shall notify the schools, and school districts in which the schools are located must provide the cultural competence professional development and training developed under section 203 of this act for classified, certificated instructional, and administrative staff of the schools. The professional development and training may be delivered by an educational service district, through district in-service, or by another qualified provider, including in partnership with the local community.

Sec. 501   RCW 28A.300.042 and 2013 2nd sp.s. c 18 s 307 are each amended to read as follows:
     (1) Using the phase-in provided in subsection (2) of this section, the superintendent of public instruction must collect and school districts must submit all student-level data using the United States office of management and budget 1997 race and ethnicity reporting guidelines, including the subracial and subethnic categories within those guidelines, with the following modifications to the subracial and subethnic categories:
     (a) Further disaggregation of the Black category to differentiate students of African origin and students native to the United States with African ancestors;
     (b) Further disaggregation of countries of origin for Asian students;
     (c) Further disaggregation of the White category to include subethnic categories for Eastern European nationalities that have significant populations in Washington; and
     (d) For students who report as multiracial, collection of their racial and ethnic combination of categories.
     (2) Beginning with the 2015-16 school year, school districts must collect student-level data as provided in subsection (1) of this section for all newly enrolled students, including transfer students. School districts must also resurvey students for whom subracial and subethnic categories are not reported when the students enroll in a different school within the district. School districts may resurvey other students.
     (3) All student data-related reports ((required of)) prepared by the superintendent of public instruction ((in)) under this title must be disaggregated by at least the following subgroups of students: White, Black, Hispanic, American Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, low income, transitional bilingual, migrant, special education, and students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794). Beginning with the 2016-17 school year, student data-related reports must also be prepared displaying additional disaggregation of data if analysis of the data indicates significant differences among categories of students as it pertains to the subject of the report.
     (4) The K-12 data governance group shall develop the data protocols and guidance for school districts in the collection of data as required under this section, and the office of the superintendent of public instruction shall modify the statewide student data system as needed. The office of the superintendent of public instruction shall also incorporate training for school staff on best practices for collection of data on student race and ethnicity in other training or professional development related to data provided by the office.
     (((2))) (5) All student data-related reports required of the superintendent of public instruction regarding student suspensions and expulsions as required in RCW 28A.300.046 are subject to disaggregation by subgroups including:
     (a) Gender;
     (b) Foster care;
     (c) Homeless, if known;
     (d) School district;
     (e) School;
     (f) Grade level;
     (g) Behavior infraction code, including:
     (i) Bullying;
     (ii) Tobacco;
     (iii) Alcohol;
     (iv) Illicit drug;
     (v) Fighting without major injury;
     (vi) Violence without major injury;
     (vii) Violence with major injury;
     (viii) Possession of a weapon; and
     (ix) Other behavior resulting from a short-term or long-term suspension, expulsion, or interim alternative education setting intervention;
     (h) Intervention applied, including:
     (i) Short-term suspension;
     (ii) Long-term suspension;
     (iii) Emergency expulsion;
     (iv) Expulsion;
     (v) Interim alternative education settings;
     (vi) No intervention applied; and
     (vii) Other intervention applied that is not described in this subsection (((2))) (5)(h);
     (i) Number of days a student is suspended or expelled, to be
     counted in half or full days; and
     (j) Any other categories added at a future date by the data governance group.
     (((3))) (6) All student data-related reports required of the superintendent of public instruction regarding student suspensions and expulsions as required in RCW 28A.300.046 are subject to cross-tabulation at a minimum by the following:     
     (a) School and district;
     (b) Race, low income, special education, transitional bilingual, migrant, foster care, homeless, students covered by section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794), and categories to be added in the future;
     (c) Behavior infraction code; and
     (d) Intervention applied.

Sec. 502   RCW 28A.300.505 and 2007 c 401 s 5 are each amended to read as follows:
     (1) The office of the superintendent of public instruction shall develop standards for school data systems that focus on validation and verification of data entered into the systems to ensure accuracy and compatibility of data. The standards shall address but are not limited to the following topics:
     (a) Date validation;
     (b) Code validation, which includes gender, race or ethnicity, and other code elements;
     (c) Decimal and integer validation; and
     (d) Required field validation as defined by state and federal requirements.
     (2) The superintendent of public instruction shall develop a reporting format and instructions for school districts to collect and submit data on student demographics that is disaggregated ((by distinct ethnic categories within racial subgroups so that analyses may be conducted on student achievement using the disaggregated data)) as required under RCW 28A.300.042.

NEW SECTION.  Sec. 601   (1) The professional educator standards board and the office of the superintendent of public instruction shall convene a work group to revise and update the model framework and curriculum, as well as the program of study, for high school career and technical education courses related to careers in education.
     (2) The revised careers in education courses must incorporate:
     (a) Standards for cultural competence developed by the professional educator standards board under RCW 28A.410.270;
     (b) The most recent competency standards established by the professional educator standards board and new research on best practices for educator preparation and development; and
     (c) Curriculum and activities used by the recruiting Washington teachers program under RCW 28A.415.370.
     (3) The revisions must be completed before the 2015-16 school year.
     (4) This section expires September 1, 2016.

NEW SECTION.  Sec. 602   A new section is added to chapter 28A.410 RCW to read as follows:
     (1) The professional educator standards board shall convene a work group to design an articulated pathway for teacher preparation and certification that has the characteristics described in this section. The work group must include representatives of community and technical college paraeducator apprenticeship and certificate programs, colleges of education, teacher and paraeducator associations, and the office of the superintendent of public instruction.
     (2) An articulated pathway for teacher preparation and certification includes:
     (a) Paraeducator certificate and apprenticeship programs that offer course credits that apply to transferrable associate degrees and are aligned with the standards and competencies for teachers adopted by the professional educator standards board;
     (b) Associate degree programs that build on and do not duplicate the courses and competencies of paraeducator certificate programs, incorporate field experiences, are aligned with the standards and competencies for teachers adopted by the professional educator standards board, and are transferrable to bachelor's degree in education programs and teacher certification programs;
     (c) Bachelor's degree programs that lead to teacher certification that build on and do not duplicate the courses and competencies of transferrable associate degrees; and
     (d) Incorporation of the standards for cultural competence developed by the professional educator standards board under RCW 28A.410.270 throughout the courses and curriculum of the pathway, particularly focusing on multicultural education and principles of language acquisition.
     (3) The professional educator standards board must submit a report to the education committees of the legislature by January 10, 2015, comparing the current status of pathways for teacher certification to the elements of the articulated pathway. The report must highlight gaps and recommend strategies to address them.
     (4) The professional educator standards board and the state board for community and technical colleges may exercise their respective authorities regarding program approval to implement the articulated pathway for teacher preparation and certification under this section in approved teacher certification programs and certificate and degree programs offered by community and technical colleges.

NEW SECTION.  Sec. 603   A new section is added to chapter 28B.50 RCW to read as follows:
     Beginning with the 2015-16 academic year, any community or technical college that offers an apprenticeship program or certificate program for paraeducators must provide candidates the opportunity to earn transferrable course credits within the program. The programs must also incorporate the standards for cultural competence, including multicultural education and principles of language acquisition, developed by the professional educator standards board under RCW 28A.410.270.