BILL REQ. #:  S-1194.3 

READ FIRST TIME 02/19/13.   

     AN ACT Relating to student assessments; amending RCW 28A.655.061, 28A.655.066, 28A.655.070, 28A.655.071, 28B.105.010, 28B.105.030, and 28B.105.060; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the superintendent of public instruction was authorized to align the state essential academic learning requirements for mathematics, reading, writing, and communication with the common set of standards for students in grades kindergarten through twelve, known as the common core state standards, which were developed by a multistate consortium in which Washington took part. The legislature further finds that Washington has joined one of two multistate consortia using a federal grant to develop new language arts and math assessments in grades three through eight and grade eleven that are, among other factors, aligned with the common core state standards and test college and career readiness at the high school level. The legislature further finds that the assessments are required to be ready for use by the 2014-15 school year. The legislature intends to make changes to the assessment system in order to use the consortia-developed tests to meet the requirements of the state and federal accountability requirements.

Sec. 2   RCW 28A.655.061 and 2011 1st sp.s. c 22 s 2 are each amended to read as follows:
     (1) The high school assessment system shall include but need not be limited to the statewide student assessment, opportunities for a student to retake the content areas of the assessment in which the student was not successful, and, if approved by the legislature pursuant to subsection (10) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the statewide student assessment for each content area.
     (2) Subject to the conditions in this section, a certificate of academic achievement shall be obtained ((by most students at about the age of sixteen,)) and is evidence that the students have successfully met the state standard in the content areas included in the certificate. With the exception of students satisfying the provisions of RCW 28A.155.045 or 28A.655.0611, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
     (3) Beginning with the graduating class of 2008, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, and mathematics content areas of the high school statewide student assessment shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area ((up to four times)) at least twice a year at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (10) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has taken the statewide student assessment at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement.
     (4) Beginning with the graduating class of ((2015)) 2017, a student must meet the state standards in English language arts, mathematics, and science ((in addition to the other)) instead of the content areas required under subsection (3) of this section on the statewide student assessment or the objective alternative assessments in order to earn a certificate of academic achievement.
     (5) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.
     (6) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
     (7) School districts must make available to students the following options:
     (a) To retake the statewide student assessment ((up to four times)) at least twice a year in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
     (b) To retake the statewide student assessment ((up to four times)) at least twice a year in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed.
     (8) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
     (9) Opportunities to retake the assessment at least twice a year shall be available to each school district.
     (10)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process for students' scores, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the statewide student assessment and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments in addition to those authorized in RCW 28A.655.065 or (b) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
     (b)(i) A student's score on the mathematics, reading or English, or writing portion of the SAT or the ACT may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the state standards for the certificate of academic achievement. By the 2014-15 school year, the state board of education shall identify the scores students must achieve on the relevant portion of the SAT or ACT to meet or exceed the state standard in the relevant content area on the statewide student assessment as revised under RCW 28A.655.071. A student's score on the science portion of the ACT or the science subject area tests of the SAT may be used as an objective alternative assessment under this section as soon as the state board of education determines that sufficient data is available to identify reliable equivalent scores for the science content area of the statewide student assessment. After the first scores are established, the state board may increase but not decrease the scores required for students to meet or exceed the state standards.
     (ii) A student who scores at least a three on the grading scale of one to five for selected AP examinations may use the score as an objective alternative assessment under this section for demonstrating that a student has met or exceeded state standards for the certificate of academic achievement. A score of three on the AP examinations in calculus or statistics may be used as an alternative assessment for the mathematics portion of the statewide student assessment. A score of three on the AP examinations in English language and composition may be used as an alternative assessment for the ((writing)) English language arts portion of the statewide student assessment. A score of three on the AP examinations in English literature and composition, macroeconomics, microeconomics, psychology, United States history, world history, United States government and politics, or comparative government and politics may be used as an alternative assessment for the ((reading)) English language arts portion of the statewide student assessment. A score of three on the AP examination in biology, physics, chemistry, or environmental science may be used as an alternative assessment for the science portion of the statewide student assessment.
     (11) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
     (12) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for and notify students and their parents or legal guardians as provided in this subsection. Student learning plans are required for eighth grade students who were not successful on any or all of the content areas of the state assessment during the previous school year or who may not be on track to graduate due to credit deficiencies or absences. The parent or legal guardian shall be notified about the information in the student learning plan, preferably through a parent conference and at least annually. To the extent feasible, schools serving English language learner students and their parents shall translate the plan into the primary language of the family. The plan shall include the following information as applicable:
     (a) The student's results on the state assessment;
     (b) If the student is in the transitional bilingual program, the score on his or her Washington language proficiency test II;
     (c) Any credit deficiencies;
     (d) The student's attendance rates over the previous two years;
     (e) The student's progress toward meeting state and local graduation requirements;
     (f) The courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation;
     (g) Remediation strategies and alternative education options available to students, including informing students of the option to continue to receive instructional services after grade twelve or until the age of twenty-one;
     (h) The alternative assessment options available to students under this section and RCW 28A.655.065;
     (i) School district programs, high school courses, and career and technical education options available for students to meet graduation requirements; and
     (j) Available programs offered through skill centers or community and technical colleges, including the college high school diploma options under RCW 28B.50.535.

Sec. 3   RCW 28A.655.066 and 2011 c 25 s 2 are each amended to read as follows:
     (1)(a) In consultation with the state board of education, the superintendent of public instruction shall develop statewide end-of-course assessments for high school mathematics that measure student achievement of the state mathematics standards. The superintendent shall take steps to ensure that the language of the assessments is responsive to a diverse student population. The assessments shall be implemented statewide in the 2010-11 school year.
     (b) The superintendent shall develop end-of-course assessments for the first year of high school mathematics that include the standards common to algebra I and integrated mathematics I and for the second year of high school mathematics that include the standards common to geometry and integrated mathematics II. The assessments under this subsection (1)(b) shall be used to demonstrate that a student meets the state standard on the mathematics content area of the high school ((Washington)) statewide student assessment ((of student learning)) for purposes of RCW 28A.655.061.
     (c) The superintendent of public instruction shall also develop subtests for the end-of-course assessments that measure standards for the first two years of high school mathematics that are unique to algebra I, integrated mathematics I, geometry, and integrated mathematics II. The results of the subtests shall be reported at the student, teacher, school, and district level. These end-of-course assessments shall not be administered and shall not be used for state or federal accountability after the 2013-14 school year.
     (2) For the graduating classes of 2013 and 2014 and for purposes of the certificate of academic achievement under RCW 28A.655.061, a student may use: (a) Results from the end-of-course assessment for the first year of high school mathematics or the results from the end-of-course assessment for the second year of high school mathematics; or (b) results from a high school mathematics retake assessment.
     (3) ((Beginning with)) (a) As the state transitions from the end-of-course mathematics assessments to a comprehensive mathematics assessment, the graduating class of 2015 ((and)), for purposes of the certificate of academic achievement under RCW 28A.655.061, ((the mathematics content area of the Washington assessment of student learning)) shall be assessed using the end-of-course assessment for the first year of high school mathematics plus the end-of-course assessment for the second year of high school mathematics, or results from a high school mathematics retake assessment for the end-of-course assessments in which the student did not meet the standard.
     (b) For the graduating class of 2016, for purposes of the certificate of academic achievement under RCW 28A.655.061, the student may choose to be assessed using the end-of-course assessment for the first year of high school mathematics plus the end-of-course assessment for the second year of high school mathematics, or the new comprehensive mathematics assessment. The student may also use the appropriate retakes and alternative assessments available.
     (4) All of the objective alternative assessments available to students under RCW 28A.655.061 and 28A.655.065 shall be available to any student who has taken the ((sequence of)) end-of-course assessment((s)) once but does not meet the state mathematics standard on the ((sequence of)) end-of-course assessment((s)).
     (5) The superintendent of public instruction shall report at least annually or more often if necessary to keep the education committees of the legislature informed on each step of the development and implementation process under this section.

Sec. 4   RCW 28A.655.070 and 2008 c 163 s 2 are each amended to read as follows:
     (1) The superintendent of public instruction shall develop essential academic learning requirements that identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the state board of education.
     (2) The superintendent of public instruction shall:
     (a) Periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements; and
     (b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the ((Washington)) statewide student assessment ((of student learning)) and used for state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level. Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline. The office of the superintendent of public instruction, within seven working days, shall post on its web site any grade level content expectations provided to an assessment vendor for use in constructing the ((Washington)) statewide student assessment ((of student learning)).
     (3)(a) In consultation with the state board of education, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this section. In accordance with RCW 28A.655.071, by the 2014-15 school year, the reading and writing assessment shall be changed to an English language arts assessment and the mathematics assessment shall be revised. School districts shall administer the assessments under guidelines adopted by the superintendent of public instruction. The academic assessment system may include a variety of assessment methods, including criterion-referenced and performance-based measures.
     (b) Effective with the 2009 administration of the Washington assessment of student learning and continuing with the statewide student assessment, the superintendent shall redesign the assessment in the content areas of reading, mathematics, and science in all grades except high school by shortening test administration and reducing the number of short answer and extended response questions.
     (4) If the superintendent proposes any modification to the essential academic learning requirements or the statewide assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.
     (5) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.
     (6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next.
     (7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts:
     (a) Information on classroom-based and other assessments that may provide additional achievement information for individual students; and
     (b) A collection of diagnostic tools that educators may use to evaluate the academic status of individual students. The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided in a format that may be easily shared with parents and students.
     (8) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
     (9) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two.
     (10) The superintendent shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender.
     (11) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
     (12) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
     (13) The superintendent shall post on the superintendent's web site lists of resources and model assessments in social studies, the arts, and health and fitness.

Sec. 5   RCW 28A.655.071 and 2010 c 235 s 601 are each amended to read as follows:
     (1) By August 2, 2010, the superintendent of public instruction may revise the state essential academic learning requirements authorized under RCW 28A.655.070 for mathematics, reading, writing, and communication by provisionally adopting a common set of standards for students in grades kindergarten through twelve. The revised state essential academic learning requirements may be substantially identical with the standards developed by a multistate consortium in which Washington participated, must be consistent with the requirements of RCW 28A.655.070, and may include additional standards if the additional standards do not exceed fifteen percent of the standards for each content area. ((However, the superintendent of public instruction shall not take steps to implement the provisionally adopted standards until the education committees of the house of representatives and the senate have an opportunity to review the standards.
     (2) By January 1, 2011, the superintendent of public instruction shall submit to the education committees of the house of representatives and the senate:
     (a) A detailed comparison of the provisionally adopted standards and the state essential academic learning requirements as of June 10, 2010, including the comparative level of rigor and specificity of the standards and the implications of any identified differences; and
     (b) An estimated timeline and costs to the state and to school districts to implement the provisionally adopted standards, including providing necessary training, realignment of curriculum, adjustment of state assessments, and other actions.
     (3) The superintendent may implement the revisions to the essential academic learning requirements under this section after the 2011 legislative session unless otherwise directed by the legislature.))
     (2) The superintendent of public instruction, in consultation with the state board of education, shall modify the statewide student assessment to implement the assessments developed with a multistate consortium in English language arts and mathematics. The assessments must be implemented in the 2014-15 school year. Beginning with the graduating class of 2017, the English language arts and mathematics assessments or approved alternatives are required for graduation from a public high school in accordance with RCW 28A.655.061. The English language arts and mathematics assessments must be comprehensive assessments and not end-of-course assessments.

Sec. 6   RCW 28B.105.010 and 2007 c 214 s 1 are each amended to read as follows:
     (1) The GET ready for math and science scholarship program is established. The purpose of the program is to provide scholarships to students who achieve level four on the mathematics or science portions of the ((tenth grade Washington)) high school statewide student assessment ((of student learning)) or achieve a score in the math section of the SAT or the math section of the ACT that is above the ninety-fifth percentile, major in a mathematics, science, or related field in college, and commit to working in mathematics, science, or a related field for at least three years in Washington following completion of their bachelor's degree. The program shall be administered by the nonprofit organization selected as the private partner in the public-private partnership.
     (2) The total annual amount of each GET ready for math and science scholarship may vary, but shall not exceed the annual cost of resident undergraduate tuition fees and mandatory fees at the University of Washington. An eligible recipient may receive a GET ready for math and science scholarship for up to one hundred eighty quarter credits, or the semester equivalent, or for up to five years, whichever comes first.
     (3) Scholarships shall be awarded only to the extent that state funds and private matching funds are available for that purpose in the GET ready for math and science (([scholarship])) scholarship account established in RCW 28B.105.110.

Sec. 7   RCW 28B.105.030 and 2007 c 214 s 3 are each amended to read as follows:
     (1) An eligible student is a student who:
     (a) Is eligible for resident tuition and fee rates as defined in RCW 28B.15.012;
     (b) Achieved level four on the mathematics or science portion of the ((tenth grade Washington)) high school statewide student assessment ((of student learning)) or achieved a score in the math section of the SAT or the math section of the ACT that is above the ninety-fifth percentile;
     (c) Has a family income at or below one hundred twenty-five percent of the state median family income at the time the student applies for a GET ready for math and science scholarship and for up to the two previous years;
     (d) Has declared an intention to complete a qualified program or qualified major or has entered a qualified program or declared a qualified major at an institution of higher education;
     (e) Has declared an intention to work in a mathematics, science, or related field in Washington for at least three years immediately following completion of a bachelor's degree or higher degree.
     (2) An eligible recipient is an eligible student who:
     (a) Has been awarded a scholarship in accordance with the selection criteria and process established by the ((board)) student achievement council and the program administrator;
     (b) Enrolls at an institution of higher education within one year of graduating from high school;
     (c) Maintains satisfactory academic progress, as defined by the institution of higher education where the student is enrolled;
     (d) Takes at least one college-level mathematics or science course each term since enrolling in an institution of higher education; and
     (e) Enters a qualified program or qualified major no later than the end of the first term in which the student has junior level standing.

Sec. 8   RCW 28B.105.060 and 2007 c 214 s 6 are each amended to read as follows:
     The office of the superintendent of public instruction shall:
     (1) Notify elementary, middle, junior high, high school, and school district staff and administrators, and the children's administration of the department of social and health services about the GET ready for math and science scholarship program using methods in place for communicating with schools and school districts; and
     (2) Provide data showing the race, ethnicity, income, and other available demographic information of students who achieve level four of the math and science ((Washington)) high school statewide student assessment ((of student learning)) in the tenth grade((.)); compare those data with comparable information on the tenth grade student population as a whole((.)); and submit a report with the analysis to the committees responsible for education and higher education in the legislature on December 1st of even-numbered years.