READ FIRST TIME 03/01/13.   

     AN ACT Relating to improved student achievement and student outcomes; amending RCW 28A.150.220, 28A.150.260, 28A.165.005, 28A.165.015, 28A.165.025, 28A.165.035, and 28A.175.025; adding a new section to chapter 28A.415 RCW; adding new sections to chapter 28A.165 RCW; adding new sections to chapter 28A.180 RCW; adding a new section to chapter 28A.630 RCW; adding a new section to chapter 43.09 RCW; adding a new section to chapter 28A.155 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature intends to respond to our constitutional obligation to amply fund basic education by targeting our initial investments in the new basic education program on research-based practices that will result in improving student achievement, closing the opportunity gap, and reducing dropout rates. The legislature recognizes that reform efforts without funding is simply another unfunded mandate on our schools and an empty promise to our children. The legislature recognizes that funding is necessary but not sufficient to fully provide an equal opportunity for all students to learn. The legislature further recognizes that each student is different and that to provide the opportunity to learn, the state must provide additional resources and programs to those students with the greatest barriers to being successful members of society, the workforces, and a democracy. It is the intent of the legislature to provide the necessary resources to each student through programs and initiatives that demonstrate the greatest relationship to that student's learning and ultimate success. By focusing our initial funding on programs that have positive student outcomes we are moving away from an input-based approach to school funding and towards a funding system that is tied to producing results.
     The legislature intends to continue to make changes to the program of basic education in those areas where emerging research and evidence shows there are better and more efficient strategies for helping students succeed.
     The legislature further intends to continue to focus on the individualized needs of every child and recognize that different children need differing levels of support in order to have an equal opportunity to access their full potential. By investing now in those educational support services that research demonstrates have a low risk of failure and good return on investment, the state anticipates we will save money in the future as the need for continuing intervention strategies for those same children later in their educational career is reduced. With this approach, the overall funding needs of the educational system will over time be reduced even as student achievement improves.

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 to at least one thousand eighty instructional hours for students enrolled in each of grades seven through twelve and at least one thousand instructional hours for students in each of grades one through six according to an implementation schedule adopted by the legislature, but not before the 2014-15 school year; and
     (b) For students enrolled in kindergarten, at least four hundred fifty instructional hours, which shall be increased to at least one thousand instructional hours according to the implementation schedule under RCW 28A.150.315.
     (3) The instructional program of basic education provided by each school district shall include:
     (a) Instruction in the essential academic learning requirements under RCW 28A.655.070;
     (b) Instruction that provides students the opportunity to complete twenty-four credits for high school graduation, subject to a phased-in implementation of the twenty-four credits as established by the legislature. Course distribution requirements may be established by the state board of education under RCW 28A.230.090;
     (c) If the essential academic learning requirements include a requirement of languages other than English, the requirement may be met by students receiving instruction in one or more American Indian languages;
     (d) Supplemental instruction and services for underachieving students through the learning assistance program under RCW 28A.165.005 through 28A.165.065;
     (e) Supplemental instruction and services for eligible and enrolled students whose primary language is other than English through the transitional bilingual instruction program under RCW 28A.180.010 through 28A.180.080;
     (f) The opportunity for an appropriate education at public expense as defined by RCW 28A.155.020 for all eligible students with disabilities as defined in RCW 28A.155.020; and
     (g) Programs for highly capable students under RCW 28A.185.010 through 28A.185.030.
     (4) Nothing contained in this section shall be construed to require individual students to attend school for any particular number of hours per day or to take any particular courses.
     (5) Each school district's kindergarten through twelfth grade basic educational program shall be accessible to all students who are five years of age, as provided by RCW 28A.225.160, and less than twenty-one years of age and shall consist of a minimum of one hundred eighty school days per school year in such grades as are conducted by a school district, and one hundred eighty half-days of instruction, or equivalent, in kindergarten, to be increased to a minimum of one hundred eighty school days per school year according to the implementation schedule under RCW 28A.150.315. However, schools administering the Washington kindergarten inventory of developing skills may use up to three school days at the beginning of the school year to meet with parents and families as required in the parent involvement component of the inventory. In addition, 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. Districts shall receive the funds allocated in excess of an average class size of 25.23 for grades K-3 only to the extent that the district documents a class size between 25.23 and the class size funded in the biennial operating budget.
     (c) The minimum allocation for each prototypical middle and high school shall also provide for full-time equivalent classroom teachers based on the following number of full-time equivalent students per teacher in career and technical education:

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

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

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.415 RCW to read as follows:
     (1) Subject to an appropriation for this specific purpose, the educator support program is created to provide mentor support to novice and probationary teachers. The superintendent of public instruction shall provide funding for the components in subsection (2) of this section and an average of two hours of mentor support per week for first year and probationary teachers and an average caseload of not greater than fifteen novice teachers for a full-time mentor. Mentor support is decreased to an average of one and one-half hours per week for second year teachers and an average of one hour per week for third-year teachers, with the mentor caseload adjusted accordingly.
     (2) The program provided by a district must include: A paid orientation; assignment of a qualified mentor; development of a professional growth plan for each beginning teacher aligned with professional certification; release time for mentors and new teachers to work together; and teacher observation time with accomplished peers.

Sec. 5   RCW 28A.165.005 and 2009 c 548 s 701 are each amended to read as follows:
     This chapter is designed to: (1) Promote the use of assessment data when developing programs to assist underachieving students and students who exhibit behavior that is not conducive to their own learning or the learning of other students; and (2) guide school districts in providing the most effective and efficient practices when implementing supplemental instruction and services to assist underachieving students.

Sec. 6   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. The approved program must be included on the inventory of effective practices, activities, and programs developed by the Washington institute for public policy as provided under section 6 of this act unless the program is approved by the office of the superintendent of public instruction under section 7 of this act.
     (2) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.
     (3) "Participating student" means a student in kindergarten through grade twelve who:
     (a) Scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services; or
     (b) Has behavior that is not conducive to his or her own learning or the learning of others and who is not eligible for special education or related services.
     (4) "Statewide assessments" means:
     (a) 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; or
     (b) For students who have behavior problems, an age-appropriate, research-based, standardized screening to be recommended by the office of the superintendent of public instruction.
     (5) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.

NEW SECTION.  Sec. 7   A new section is added to chapter 28A.165 RCW to read as follows:
     (1) By August 1, 2014, the Washington institute for public policy shall prepare an inventory of evidence-based and research-based effective practices, activities, and programs for use by school districts in the learning assistance program. The inventory shall be updated every two years.
     (2) School districts shall report to the office of the superintendent of public instruction:
     (a) Annual entrance and exit data for individual students participating in the learning assistance program;
     (b) The amount of academic growth gained by each student and the number of students that gain at least one year of academic growth; and
     (c) The specific practices, activities, and programs used by each school building that receives learning assistance program funding. The office of the superintendent of public instruction shall develop standard categories and definitions of the specific practices, activities, and programs for school district reporting purposes.
     (3) The office of the superintendent of public instruction shall use monitoring and quality control procedures designed to measure school district fidelity in implementing the programs on the inventory.

NEW SECTION.  Sec. 8   A new section is added to chapter 28A.165 RCW to read as follows:
     School districts may use a practice, activity, or program that is not on the inventory list developed under section 6 of this act for one school year. If at the end of the school year, the school district can show that the students in the program experienced an increase in academic achievement, then the office of the superintendent of public instruction must approve the program for one additional school year. Subsequent annual approval by the superintendent's office is dependent on continued success in increasing academic performance of the students in the program.

Sec. 9   RCW 28A.165.025 and 2009 c 556 s 1 are each amended to read as follows:
     (1) A participating school district shall submit the district's plan for using learning assistance funds to the office of the superintendent of public instruction for approval, to the extent required under subsection (((2))) (3) of this section. The program plan must identify the program activities to be implemented from RCW 28A.165.035 and implement all of the elements in (a) through (((h))) (i) of this subsection. The school district plan shall include the following:
     (a) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law;
     (b) Processes used for identifying the underachieving students or students who have behaviors that are not conducive to their own learning or the learning of others, to be served by the program, including the identification of school or program sites providing program activities;
     (c) A statement that the program or activities are included on the inventory referenced in section 6 of this act or meets the exception provided under section 7 of this act;
     (d) How ((accelerated)) learning plans are developed and implemented for participating students. ((Accelerated)) Learning plans may be developed as part of existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students. ((Accelerated)) Learning plans shall include:
     (i) Achievement goals for the students;
     (ii) Roles of the student, parents, or guardians and teachers in the plan;
     (iii) Communication procedures regarding student accomplishment; and
     (iv) Plan reviews and adjustments processes;
     (((d))) (e) How state level ((and)), classroom assessments, or screening tools recommended by the office of the superintendent of public instruction are used to inform instruction;
     (((e))) (f) How focused and intentional instructional strategies including strategies to assist students to identify ways to help themselves establish a calm, safe, and orderly demeanor have been identified and implemented;
     (((f))) (g) How highly qualified instructional staff are developed and supported in the program and in participating schools;
     (((g))) (h) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's strategic plan to support underachieving students; and
     (((h))) (i) How a program evaluation will be conducted to determine direction for the following school year.
     (2) For students with behaviors that are not conducive to learning, placement in the program may be temporary and episodic due to adverse childhood experiences or may be for a full school year.
     (3) If a school district has received approval of its plan once, it is not required to submit a plan for approval under RCW 28A.165.045 or this section unless the district has made a significant change to the plan. If a district has made a significant change to only a portion of the plan the district need only submit a description of the changes made and not the entire plan. Plans or descriptions of changes to the plan must be submitted by July 1st as required under this section. The office of the superintendent of public instruction shall establish guidelines for what a "significant change" is.

Sec. 10   RCW 28A.165.035 and 2008 c 321 s 4 are each amended to read as follows:
     Use of best practices magnifies the opportunities for student success. The following are services and activities that may be supported by the learning assistance program:
     (1) Extended learning time opportunities occurring:
     (a) Before or after the regular school day;
     (b) On Saturday; and
     (c) Beyond the regular school year;
     (2) Services under RCW 28A.320.190;
     (3) Professional development for certificated and classified staff that focuses on:
     (a) The needs of a diverse student population;
     (b) Specific literacy and mathematics content and instructional strategies; and
     (c) The use of student work and student behavior to guide effective instruction and appropriate assistance;
     (4) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students;
     (5) Tutoring support for participating students; and
     (6) Research-based outreach activities and support for parents of participating students, including employing a parent involvement coordinator as provided in RCW 28A.150.260.

Sec. 11   RCW 28A.175.025 and 2007 c 408 s 2 are each amended to read as follows:
     Subject to the availability of funds appropriated for this purpose, the office of the superintendent of public instruction shall create a grant program and award grants to local partnerships of schools, families, and communities to begin the phase in of a statewide comprehensive dropout prevention, intervention, and retrieval system. This program shall be known as the building bridges program.
     (1) For purposes of RCW 28A.175.025 through 28A.175.075, a "building bridges program" means a local partnership of schools, families, and communities that provides all of the following programs or activities:
     (a) A system that identifies individual students at risk of dropping out from middle through high school based on local predictive data, including state assessment data starting in the fourth grade, and provides timely interventions for such students and for dropouts, including a plan for educational success as already required by the student learning plan as defined under RCW 28A.655.061. Students identified shall include foster care youth, youth involved in the juvenile justice system, and students receiving special education services under chapter 28A.155 RCW;
     (b) Coaches or mentors for students as necessary;
     (c) Staff responsible for coordination of community partners that provide a seamless continuum of academic and nonacademic support in schools and communities;
     (d) Retrieval or reentry activities; and
     (e) Alternative educational programming, including, but not limited to, career and technical education exploratory and preparatory programs and online learning opportunities.
     (2) One of the grants awarded under this section shall be for a two-year demonstration project focusing on providing fifth through twelfth grade students with a program that utilizes technology and is integrated with state standards, basic academics, cross-cultural exposures, and age-appropriate preemployment training. The project shall:
     (a) Establish programs in two western Washington and one eastern Washington urban areas;
     (b) Identify at-risk students in each of the distinct communities and populations and implement strategies to close the achievement gap;
     (c) Collect and report data on participant characteristics and outcomes of the project, including the characteristics and outcomes specified under RCW 28A.175.035(1)(e); and
     (d) Submit a report to the legislature by December 1, 2009.
     (3) The following school districts shall receive priority when grants are awarded under this section:
     (a) School districts that have the highest levels of truancy as demonstrated by the number of petitions filed in accordance with RCW 28A.225.015 and 28A.225.030;
     (b) School districts that receive readiness to learn grants in accordance with RCW 28A.300.555; and
     (c) Nonprofit organizations engaged in effective programs to lower the dropout rate, engage students in learning, and improve student achievement.

NEW SECTION.  Sec. 12   The legislature finds that in the past ten years, there has been a significant increase in the number of students who participate in the transitional bilingual program. This demographic shift requires changes in the services and support provided in schools to ensure the success of each and every student, including addressing the students' cultures and linguistic needs. The legislature further finds that there are successful partnerships between institutions of higher education and school districts that are increasing the ability for educators to work effectively with English language learners and are models for providing job-embedded training in classrooms with greater than fifteen percent English language learners, including training regarding language acquisition; appropriate assessment of student language proficiency, including academic achievement and social language; and cultural competence training. The legislature intends to build on the success of these partnerships and provide training in other districts based upon the level of language diversity of the students in the district.

NEW SECTION.  Sec. 13   A new section is added to chapter 28A.180 RCW to read as follows:
     (1) School districts with more than fifteen percent language diversity in the student population must be allocated funding to the extent funds are specifically appropriated for this purpose, to provide research-based professional development to all educators in the school on successful, best practice strategies for English language learner instruction. The professional development strategies must be one developed or identified by the office of the superintendent of public instruction under subsection (2) of this section.
     (2) The office of the superintendent of public instruction shall:
     (a) Develop or identify research-based or evidence-based professional development of effective professional development strategies for English language learner instruction; and
     (b) Adopt rules necessary to implement this section.

NEW SECTION.  Sec. 14   A new section is added to chapter 28A.180 RCW to read as follows:
     (1) Beginning in the 2013-14 school year and thereafter, funding for the transitional bilingual instruction program shall be scaled to provide more support to students requiring the most intensive intervention and less support to students requiring less intervention, as specified in the omnibus appropriations act.
     (2) Beginning in the 2014-15 school year and thereafter, additional funding shall be provided in the omnibus appropriations act for students who exit the program the previous year. The additional funding shall be used to provide academic support for students who have exited the transitional bilingual instruction program, if needed, or the school district shall use this funding within the transitional bilingual instruction program. The funding provided under this subsection is not a component of the basic education program and does not represent an individual entitlement to any particular student.

NEW SECTION.  Sec. 15   A new section is added to chapter 28A.630 RCW to read as follows:
     (1) Better decisions require better information. The office of the superintendent of public instruction shall create a pilot program with one school district and provide support for the district to use longitudinal data.
     (2) The purposes of the program are as follows:
     (a) To enhance the ability of the school district to efficiently and accurately manage, analyze, and use education data, including individual student records and program and funding information;
     (b) To enable the school district to make data-informed decisions to improve student learning and outcomes and close achievement gaps.
     (3) This section expires December 1, 2017.

NEW SECTION.  Sec. 16   A new section is added to chapter 43.09 RCW to read as follows:
     Audits of school districts by the state auditor shall include, but not be limited to, findings determining the compliance of school districts regarding the expenditure and the reporting of the expenditure of the state funds provided for parent involvement coordinators and parent involvement programs funded under RCW 28A.150.260.

NEW SECTION.  Sec. 17   A new section is added to chapter 28A.155 RCW to read as follows:
     (1) The office of the superintendent of public instruction must establish interagency agreements with the department of social and health services, the department of services for the blind, and any other state agency that provides high school transition services for students with disabilities. The purpose of the interagency agreements is to foster effective multiagency collaboration to provide transition services for students with disabilities age fourteen through twenty-one, or through high school graduation, whichever occurs first. Interagency agreements are also intended to streamline services and programs, promote efficiencies, and establish a uniform focus on improved outcomes related to self-sufficiency. This subsection does not require transition services plan development in addition to what exists on the effective date of this section.
     (2) The office of the superintendent of public instruction must collaborate with the professional educator standards board to build into existing and ongoing educator requirements that special education teachers and school psychologists receive training to be appropriately prepared to address the transition needs of students with disabilities.
     (3) To the extent that data is available through data-sharing agreements established by the education data center under RCW 43.41.400, the education data center must monitor the following outcomes for students with disabilities after high school graduation:
     (a) The number of students who, within one year of high school graduation:
     (i) Enter integrated employment paid at the greater of minimum wage or competitive wage for the type of employment, with access to related employment and health benefits; or
     (ii) Enter a postsecondary education or training program focused on leading to integrated employment;
     (b) The wages and number of hours worked per pay period;
     (c) The impact of employment on any state and federal benefits for individuals with disabilities;
     (d) Indicators of the types of settings in which students who previously received transition services primarily reside;
     (e) Indicators of improved economic status and self-sufficiency;
     (f) Data on those students for whom a postsecondary or integrated employment outcome does not occur within one year of high school graduation, including:
     (i) Information on the reasons that the desired outcome has not occurred;
     (ii) The number of months the student has not achieved the desired outcome; and
     (iii) The efforts made to ensure the student achieves the desired outcome.
     (4) To the extent that the data elements in subsection (3) of this section are not available to the education data center through data-sharing agreements, the office of the superintendent of public instruction must attempt to collect the data through a single communication after the student's graduation.
     (5) The office of the superintendent of public instruction must prepare an annual report on the data and outcomes in subsection (3) of this section and submit the report to the legislature.