BILL REQ. #:  H-1770.1 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to implementing career and college ready graduation requirements; amending RCW 28A.150.220, 28A.150.260, 28A.150.390, 28A.180.030, 28A.180.040, 28A.230.090, 28A.165.015, 28A.165.055, and 28A.165.065; adding a new section to chapter 28A.165 RCW; creating a new section; repealing RCW 28A.165.025 and 28A.165.045; and providing an effective date.

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

NEW SECTION.  Sec. 1   (1) The revised definition of the program of basic education adopted in 2009 includes the expectation that students will have the opportunity to complete twenty-four credits for high school graduation. The state board of education has the statutory authority to establish specific course requirements for graduation, and in November 2010 the board adopted a career and college ready graduation proposal based on several years of examination and review. The board may not implement certain aspects of the proposal without formal legislative authorization and funding. The revised definition of basic education also requires an increase in minimum instructional hours for secondary school students, with the implementation date to be determined by the legislature.
     (2) After further review, including considering the recommendations of the quality education council and the joint task force on education finance, the legislature finds that increasing instructional hours for secondary students is a necessary but not sufficient expansion of the education program to provide all students the opportunity to complete career and college ready graduation requirements. The legislature finds that students who are struggling in school, including English language learners, may need opportunities for additional supplemental instruction to take advantage of career and college ready graduation requirements. Even after they are determined to be proficient in the English language, English language learners may require opportunities for additional support to catch up to their English-speaking peers in other academic subjects such as mathematics or science. Students at all grade levels would benefit from opportunities for additional family support and counseling as they progress toward career and college readiness. Providing additional targeted learning opportunities, family support, and counseling are also essential for closing the educational opportunity gap. The legislature has already stated that it is a goal of basic education to give all students, not merely some students, the opportunity to achieve personal and academic success.
     (3) Therefore, the legislature intends to formally authorize, and provide sufficient resources for, implementation of the opportunity for students to complete twenty-four credits for graduation through a comprehensive approach that includes increased instructional hours, expansion of the learning assistance program and transitional bilingual instructional programs, and resources to support additional family engagement and counseling.

Sec. 2   RCW 28A.150.220 and 2011 1st sp.s. c 27 s 1 are each amended to read as follows:
     (1) In order for students to have the opportunity to develop the basic education knowledge and skills under RCW 28A.150.210, school districts must provide instruction of sufficient quantity and quality and give students the opportunity to complete graduation requirements that are intended to prepare them for postsecondary education, gainful employment, and citizenship. The program established under this section shall be the minimum instructional program of basic education offered by school districts.
     (2) Each school district shall make available to students the following minimum instructional offering each school year:
     (a) For students enrolled in grades one through twelve, at least a district-wide annual average of one thousand hours, which shall be increased district-wide to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six ((according to an implementation schedule adopted by the legislature, but not before)) beginning with the 2014-15 school year; and
     (b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.
     (3) The instructional program of basic education provided by each school district shall include:
     (a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
     (b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, ((subject to a phased-in implementation of the twenty-four credits as established by the legislature)) beginning with students entering the ninth grade or beginning the equivalent of a four-year high school program on or after July 1, 2015. Course distribution requirements may be established by the state board of education under RCW 28A.230.090;
     (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;
     (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;
     (e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;
     (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and
     (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.
     (4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
     (5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315. However, effective May 1, 1979, a school district may schedule the last five school days of the one hundred and eighty day school year for noninstructional purposes in the case of students who are graduating from high school, including, but not limited to, the observance of graduation and early release from school upon the request of a student, and all such students may be claimed as a full-time equivalent student to the extent they could otherwise have been so claimed for the purposes of RCW 28A.150.250 and 28A.150.260.
     (6) Nothing in this section precludes a school district from enriching the instructional program of basic education, such as offering additional instruction or providing additional services, programs, or activities that the school district determines to be appropriate for the education of the school district's students.
     (7) The state board of education shall adopt rules to implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and 28A.150.260, and such related supplemental program approval requirements as the state board may establish.

Sec. 3   RCW 28A.150.260 and 2011 1st sp.s. c 27 s 2 are each amended to read as follows:
     The purpose of this section is to provide for the allocation of state funding that the legislature deems necessary to support school districts in offering the minimum instructional program of basic education under RCW 28A.150.220. The allocation shall be determined as follows:
     (1) The governor shall and the superintendent of public instruction may recommend to the legislature a formula for the distribution of a basic education instructional allocation for each common school district.
     (2) The distribution formula under this section shall be for allocation purposes only. Except as may be required under chapter 28A.155, 28A.165, 28A.180, or 28A.185 RCW, or federal laws and regulations, nothing in this section requires school districts to use basic education instructional funds to implement a particular instructional approach or service. Nothing in this section requires school districts to maintain a particular classroom teacher-to-student ratio or other staff-to-student ratio or to use allocated funds to pay for particular types or classifications of staff. Nothing in this section entitles an individual teacher to a particular teacher planning period.
     (3)(a) To the extent the technical details of the formula have been adopted by the legislature and except when specifically provided as a school district allocation, the distribution formula for the basic education instructional allocation shall be based on minimum staffing and nonstaff costs the legislature deems necessary to support instruction and operations in prototypical schools serving high, middle, and elementary school students as provided in this section. The use of prototypical schools for the distribution formula does not constitute legislative intent that schools should be operated or structured in a similar fashion as the prototypes. Prototypical schools illustrate the level of resources needed to operate a school of a particular size with particular types and grade levels of students using commonly understood terms and inputs, such as class size, hours of instruction, and various categories of school staff. It is the intent that the funding allocations to school districts be adjusted from the school prototypes based on the actual number of annual average full-time equivalent students in each grade level at each school in the district and not based on the grade-level configuration of the school to the extent that data is available. The allocations shall be further adjusted from the school prototypes with minimum allocations for small schools and to reflect other factors identified in the omnibus appropriations act.
     (b) For the purposes of this section, prototypical schools are defined as follows:
     (i) A prototypical high school has six hundred average annual full-time equivalent students in grades nine through twelve;
     (ii) A prototypical middle school has four hundred thirty-two average annual full-time equivalent students in grades seven and eight; and
     (iii) A prototypical elementary school has four hundred average annual full-time equivalent students in grades kindergarten through six.
     (4)(a) The minimum allocation for each level of prototypical school shall be based on the number of full-time equivalent classroom teachers needed to provide instruction over the minimum required annual instructional hours under RCW 28A.150.220 and provide at least one teacher planning period per school day, and based on the following general education average class size of full-time equivalent students per teacher:

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

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

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

     (d) In addition, the omnibus appropriations act shall at a minimum specify:
     (i) A high-poverty average class size in schools where more than fifty percent of the students are eligible for free and reduced-price meals; and
     (ii) A specialty average class size for laboratory science, advanced placement, and international baccalaureate courses.
     (e) To support the increase in instructional hours required under RCW 28A.150.220(2)(a), beginning with the 2014-15 school year, the minimum allocation for each prototypical middle and high school shall provide resources to provide an additional 2.222 hours of instruction per week per annual average full-time equivalent student enrolled in grades seven through twelve, based on the general education average class sizes specified in (a) of this subsection.
     (5) The minimum allocation for each level of prototypical school shall include allocations for the following types of staff in addition to classroom teachers:
     

Sec. 4   RCW 28A.150.390 and 2010 c 236 s 3 are each amended to read as follows:
     (1) The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.260 (4)(a) ((and)), (b), and (e), (5), (6), and (8).
     (2) The excess cost allocation to school districts shall be based on the following:
     (a) A district's annual average headcount enrollment of students ages birth through four and those five year olds not yet enrolled in kindergarten who are eligible for and enrolled in special education, multiplied by the district's base allocation per full-time equivalent student, multiplied by 1.15; and
     (b) A district's annual average full-time equivalent basic education enrollment, multiplied by the district's funded enrollment percent, multiplied by the district's base allocation per full-time equivalent student, multiplied by 0.9309.
     (3) As used in this section:
     (a) "Base allocation" means the total state allocation to all schools in the district generated by the distribution formula under RCW 28A.150.260 (4)(a) ((and)), (b), and (e), (5), (6), and (8), to be divided by the district's full-time equivalent enrollment.
     (b) "Basic education enrollment" means enrollment of resident students including nonresident students enrolled under RCW 28A.225.225 and students from nonhigh districts enrolled under RCW 28A.225.210 and excluding students residing in another district enrolled as part of an interdistrict cooperative program under RCW 28A.225.250.
     (c) "Enrollment percent" means the district's resident special education annual average enrollment, excluding students ages birth through four and those five year olds not yet enrolled in kindergarten, as a percent of the district's annual average full-time equivalent basic education enrollment.
     (d) "Funded enrollment percent" means the lesser of the district's actual enrollment percent or twelve and seven-tenths percent.

Sec. 5   RCW 28A.180.030 and 2001 1st sp.s. c 6 s 3 are each amended to read as follows:
     As used throughout this chapter, unless the context clearly indicates otherwise:
     (1) "Transitional bilingual instruction" means:
     (a) A system of instruction which uses two languages, one of which is English, as a means of instruction to build upon and expand language skills to enable the pupil to achieve competency in English. Concepts and information are introduced in the primary language and reinforced in the second language: PROVIDED, That the program shall include testing in the subject matter in English; or
     (b) In those cases in which the use of two languages is not practicable as established by the superintendent of public instruction and unless otherwise prohibited by law, an alternative system of instruction which may include English as a second language and is designed to enable the pupil to achieve competency in English.
     (2) "Primary language" means the language most often used by the student for communication in his/her home.
     (3) "Eligible pupil" means any enrollee of the school district whose primary language is other than English and whose English language skills are sufficiently deficient or absent to impair learning.
     (4) "Exited pupil" means a student previously enrolled in the transitional bilingual instruction program who is no longer eligible for the program based on his or her performance on an English proficiency assessment approved by the superintendent of public instruction.

Sec. 6   RCW 28A.180.040 and 2009 c 380 s 5 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; ((and))
     (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) The definitions in Article II of RCW 28A.705.010 apply to subsection (1)(d) of this section.

Sec. 7   RCW 28A.230.090 and 2011 c 203 s 2 are each amended to read as follows:
     (1) The state board of education shall establish high school graduation requirements or equivalencies for students, except as provided in RCW 28A.230.122 and except those equivalencies established by local high schools or school districts under RCW 28A.230.097. The purpose of a high school diploma is to declare that a student is ready for success in postsecondary education, gainful employment, and citizenship, and is equipped with the skills to be a lifelong learner.
     (a) Any course in Washington state history and government used to fulfill high school graduation requirements shall consider including information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.
     (b) The certificate of academic achievement requirements under RCW 28A.655.061 or the certificate of individual achievement requirements under RCW 28A.155.045 are required for graduation from a public high school but are not the only requirements for graduation.
     (c) Any decision on whether a student has met the state board's high school graduation requirements for a high school and beyond plan shall remain at the local level.
     (2)(a) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.
     (b) The state board shall reevaluate the graduation requirements for students enrolled in vocationally intensive and rigorous career and technical education programs, particularly those programs that lead to a certificate or credential that is state or nationally recognized. The purpose of the evaluation is to ensure that students enrolled in these programs have sufficient opportunity to earn a certificate of academic achievement, complete the program and earn the program's certificate or credential, and complete other state and local graduation requirements.
     (c) The state board shall forward any proposed changes to the high school graduation requirements to the education committees of the legislature for review and to the quality education council established under RCW 28A.290.010. The legislature shall have the opportunity to act during a regular legislative session before the changes are adopted through administrative rule by the state board. Changes that have a fiscal impact on school districts, as identified by a fiscal analysis prepared by the office of the superintendent of public instruction, shall take effect only if formally authorized and funded by the legislature through the omnibus appropriations act or other enacted legislation.
     (d) The state board of education shall adopt rules to implement the career and college ready graduation requirement proposal adopted under board resolution on November 10, 2010, to take effect beginning with students entering the ninth grade or beginning the equivalent of a four-year high school program on or after July 1, 2015. The provisions of chapter . . ., Laws of 2013 (this act) and the increased funding allocated under RCW 28A.150.260 as amended by chapter . . ., Laws of 2013 (this act) constitute the funding by the legislature required under this section to implement the proposal.
     (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.
     (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:
     (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or
     (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.
     (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit.
     (6) At the college or university level, five quarter or three semester hours equals one high school credit.

Sec. 8   RCW 28A.165.015 and 2009 c 548 s 702 are each amended to read as follows:
     Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.
     (1) (("Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.
     (2))) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.
     (((3))) (2) "Participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide student assessments or other assessments administered by the school or district and who is identified ((in)) by the ((approved plan)) district to receive services.
     (((4))) (3) "Statewide student assessments" means one or more of the ((several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts)) assessments administered by school districts as required under RCW 28A.655.070.
     (((5))) (4) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide, school, or district assessments.

NEW SECTION.  Sec. 9   A new section is added to chapter 28A.165 RCW to read as follows:
     (1) Each school district receiving learning assistance program funds must:
     (a) Use one or more of the curricula or instructional programs recommended by the office of the superintendent of public instruction under this section to provide supplemental instruction to participating students;
     (b) Record each participating student in the statewide individual student data system;
     (c) Monitor and document the performance and progress of participating students, using multiple sources of performance data. When the office of the superintendent of public instruction has the capacity to provide data on individual student growth or student growth percentiles using the statewide student assessment, the school district must include this data in its monitoring of the performance of participating students;
     (d) Conduct an annual evaluation of the program by analyzing the performance data for participating students compared to the chosen instructional strategies and curriculum, qualifications and training of staff, and other relevant factors; and
     (e) Prepare and submit to the office of the superintendent of public instruction a year-end report on the learning assistance program, using a common format prepared by the office. The office must design the report so that information required in the report is not already collected by the state through another source.
     (2) The year-end report submitted by each district receiving learning assistance program funds must include:
     (a) The processes, assessments, and criteria used to identify the underachieving students served by the program;
     (b) The schools or sites that provided program services during the year;
     (c) Which recommended curricula or instructional programs were used during the year and at which school or site;
     (d) Summary data on total expenditures and average expenditures per participating student attributable to learning assistance program funds, by school or program site and at the district level;
     (e) A summary of the annual evaluation for the program, including a summary of the results of the district's analysis of performance data for participating students; and
     (f) The program changes the school district intends to make for the ensuing year based on the evaluation results, and the outcomes expected from those changes.
     (3) The office of the superintendent of public instruction shall publish a list of recommended supplemental curricula or instructional programs for use in the learning assistance program. The office shall compile the list in consultation with research organizations based on research evidence indicating the curricula or instructional programs are associated with increased student achievement. The office must update the list periodically.

Sec. 10   RCW 28A.165.055 and 2009 c 548 s 703 are each amended to read as follows:
     ((Each school district with an approved program is eligible for state funds provided for the learning assistance program.)) (1) The funds for the learning assistance program shall be appropriated for the learning assistance program and distributed to school districts in accordance with RCW 28A.150.260 and the omnibus appropriations act.
     (2) Except as provided in subsection (3) of this section the distribution formula is for school district allocation purposes only, but funds appropriated for the learning assistance program must be expended for the purposes of RCW 28A.165.005 through 28A.165.065.
     (3)(a) School districts must allocate learning assistance program funds to any school where more than fifty percent of the students are eligible for free or reduced-price meals; and
     (b) School districts must expend a greater amount per participating student, on average, in schools where more than seventy-five percent of the students are eligible for free or reduced-price meals, compared to the amount expended per participating student in other schools in the district.

Sec. 11   RCW 28A.165.065 and 2004 c 20 s 7 are each amended to read as follows:
     To ensure that school districts are meeting the requirements of ((an approved program)) this chapter, the superintendent of public instruction shall monitor ((such)) learning assistance programs no less than once every four years. ((Individual student records shall be maintained at the school district.)) The primary purpose of program monitoring is to evaluate the effectiveness of a district's allocation and expenditure of resources, choice of curricula and instructional programs, and other program components on improving student achievement. The office of the superintendent of public instruction may provide technical assistance to school districts to improve the effectiveness of a learning assistance program.

NEW SECTION.  Sec. 12   The following acts or parts of acts are each repealed:
     (1) RCW 28A.165.025 (School district program plan) and 2009 c 556 s 1 & 2004 c 20 s 3; and
     (2) RCW 28A.165.045 (Plan approval process) and 2009 c 556 s 2 & 2004 c 20 s 5.

NEW SECTION.  Sec. 13   Sections 3 through 6 and 8 through 12 of this act take effect September 1, 2013.