BILL REQ. #: S-1757.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/22/13.
AN ACT Relating to alternative learning experience courses; amending RCW 28A.150.100, 28A.150.325, 28A.250.010, 28A.250.020, 28A.250.050, 28A.525.162, and 28A.525.166; amending 2011 1st sp.s. c 34 s 1 (uncodified); adding a new chapter to Title 28A RCW; creating a new section; and recodifying RCW 28A.150.262 and 28A.150.325.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 2011 1st sp.s. c 34 s 1 (uncodified) is amended to read as
follows:
(1) Under Article IX of the Washington state Constitution, all
children are entitled to an opportunity to receive a basic education.
Although the state must assure that students in public schools have
opportunities to participate in the instructional program of basic
education, there is no obligation for either the state or school
districts to provide that instruction using a particular delivery
method or through a particular program.
(2) The legislature finds ample evidence of the need to examine and
reconsider policies under which alternative learning that occurs
outside the classroom using an individual student learning plan may be
considered equivalent to full-time attendance in school, including for
funding purposes. Previous legislative studies have raised questions
about financial practices and accountability in alternative learning
experience ((programs)) courses. Since 2005, there has been
significant enrollment growth in alternative learning experience online
((programs)) courses, with evidence of unexpected financial impact when
large numbers of nonresident students enroll in ((programs)) courses.
Based on this evidence, there is a rational basis on which to conclude
that there are different costs associated with providing ((a program))
courses not primarily based on full-time, daily contact between
teachers and students and not primarily occurring on-site in a
classroom.
(3) For these reasons, the legislature intends to allow for
continuing review and revision of the way in which state funding
allocations are used to support alternative learning experience
((programs)) courses.
NEW SECTION. Sec. 2 The certificated instructional staff ratio
requirements under RCW 28A.150.100 do not apply to that portion of a
district's annual average full-time equivalent enrollment that is
enrolled in an alternative learning experience course.
Sec. 3 RCW 28A.150.100 and 2011 1st sp.s. c 34 s 10 are each
amended to read as follows:
(1) For the purposes of this section and RCW 28A.150.410 and
28A.400.200, "basic education certificated instructional staff" means
all full-time equivalent classroom teachers, teacher librarians,
guidance counselors, certificated student health services staff, and
other certificated instructional staff in the following programs as
defined for statewide school district accounting purposes: Basic
education, secondary vocational education, general instructional
support, and general supportive services.
(2) Each school district shall maintain a ratio of at least forty-six basic education certificated instructional staff to one thousand
annual average full-time equivalent students. This requirement does
not apply to that portion of a district's annual average full-time
equivalent enrollment that is enrolled in alternative learning
experience ((programs)) courses as defined in RCW 28A.150.325 (as
recodified by this act).
Sec. 4 RCW 28A.150.325 and 2011 1st sp.s. c 34 s 2 are each
amended to read as follows:
(1) ((For purposes of this chapter,)) The definitions in this
subsection apply throughout this chapter unless the context clearly
requires otherwise.
(a) "Alternative learning experience ((program)) course" means a
course ((or set of courses)) that is a delivery method for the program
of basic education and is:
(((a))) (i) Provided in whole or in part independently from a
regular classroom setting or schedule, but may include some components
of direct instruction;
(((b))) (ii) Supervised, instructed, monitored, assessed,
evaluated, and documented by a certificated teacher employed by the
school district or under contract as permitted by applicable rules; and
(((c))) (iii) Provided in accordance with a written student
learning plan that is implemented pursuant to the school district's
policy and rules adopted by the superintendent of public instruction
for alternative learning experiences.
(b) "Hybrid course" means an alternative learning experience course
where the student has instructional contact time for at least twenty
percent of the total weekly time for the course.
(c) "Instructional contact time" means instructional time with a
certificated teacher. Instructional contact time must be for the
purposes of actual instruction, review of assignments, testing,
evaluation of student progress, or other learning activities or
requirements identified in the student's written student learning plan.
Instructional contact time must be related to an alternative learning
experience course identified in the student's written student learning
plan. Instructional contact time may occur in a group setting between
the teacher and multiple students and may be delivered remotely using
technology.
(d) "Online course" has the same meaning as provided in RCW
28A.250.010.
(e) "Remote course" means an alternative learning experience course
where the student has in-person instructional contact time for less
than twenty percent of the total weekly time for the course.
(f) "Total weekly time" means the estimated average hours per
school week the student will engage in learning activities to meet the
requirements of the written student learning plan.
(2) ((The broad categories of alternative learning experience
programs include, but are not limited to:)) School districts may claim
state funding under RCW 28A.150.260, to the extent otherwise allowed by
state law including the provisions of RCW 28A.250.060, for students
enrolled in alternative learning experience courses subject to the
following requirements and limitations:
(a) Online programs as defined in RCW 28A.150.262;
(b) Parent partnership programs that include significant
participation and partnership by parents and families in the design and
implementation of a student's learning experience; and
(c) Contract-based learning programs
(a) Remote courses may be offered to students in grades
kindergarten through twelve.
(b) Hybrid courses and online courses may be offered to students in
grades kindergarten through twelve.
(c) High school courses must meet district or state graduation
requirements and be offered for high school credit.
(3) School districts that offer alternative learning experience
((programs)) courses may not provide any compensation, reimbursement,
gift, reward, or gratuity to any parents, guardians, or students for
participation in the courses. School district employees are prohibited
from receiving any compensation or payment as an incentive to increase
student enrollment of out-of-district students in ((an)) alternative
learning experience ((program)) courses. This prohibition includes,
but is not limited to, providing funds to parents, guardians, or
students for the purchase of educational materials, supplies,
experiences, services, or technological equipment. A district may
purchase educational materials, equipment, or other nonconsumable
supplies for students' use in alternative learning experience
((programs)) courses if the purchase is consistent with the district's
approved curriculum, conforms to applicable laws and rules, and is made
in the same manner as such purchases are made for students in the
district's regular instructional program. Items so purchased remain
the property of the school district upon program completion. School
districts may not purchase or contract for instructional or
cocurricular experiences and services that are included in an
alternative learning experience written student learning plan,
including but not limited to lessons, trips, and other activities,
unless substantially similar experiences and services are available to
students enrolled in the district's regular instructional program.
School districts that purchase or contract for such experiences and
services for students enrolled in an alternative learning experience
((program)) course must submit an annual report to the office of the
superintendent of public instruction detailing the costs and purposes
of the expenditures. These requirements extend to contracted providers
of alternative learning experience ((programs)) courses, and each
district shall be responsible for monitoring the compliance of its
providers with these requirements. However, nothing in this
((section)) subsection shall prohibit school districts from contracting
with school district employees to provide services or experiences to
students, or from contracting with online providers approved by the
office of the superintendent of public instruction pursuant to chapter
28A.250 RCW.
(4) ((Part-time enrollment in alternative learning experiences is
subject to the provisions of RCW 28A.150.350.)) Each school district offering or
contracting to offer alternative learning experience courses must:
(5) The superintendent of public instruction shall adopt rules
defining minimum requirements and accountability for alternative
learning experience programs
(a) Report annually to the superintendent of public instruction
regarding the course types and offerings, and number of students
participating in each; and
(b) Document the district of residence for each student enrolled in
an alternative learning experience course.
(5) School districts must assess the educational progress of
enrolled students at least annually, using, for full-time students, the
state assessment for the student's grade level and using any other
annual assessments required by the school district. Part-time students
must also be assessed at least annually. However, part-time students
who are either receiving home-based instruction under chapter 28A.200
RCW or who are enrolled in an approved private school under chapter
28A.195 RCW are not required to participate in the assessments required
under chapter 28A.655 RCW. The rules must address how students who
reside outside the geographic service area of the school district are
to be assessed.
(6) Beginning with the 2013-14 school year, school districts must
designate alternative learning experience courses as such when
reporting course information to the office of the superintendent of
public instruction under RCW 28A.300.500.
(7) The superintendent of public instruction shall adopt rules
necessary to implement this section.
Sec. 5 RCW 28A.250.010 and 2011 1st sp.s. c 34 s 5 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1)(a) "Multidistrict online provider" means:
(i) A private or nonprofit organization that enters into a contract
with a school district to provide online courses or programs to K-12
students from more than one school district;
(ii) A private or nonprofit organization that enters into contracts
with multiple school districts to provide online courses or programs to
K-12 students from those districts; or
(iii) Except as provided in (b) of this subsection, a school
district that provides online courses or programs to students who
reside outside the geographic boundaries of the school district.
(b) "Multidistrict online provider" does not include a school
district online learning program in which fewer than ten percent of the
students enrolled in the program are from other districts under the
interdistrict student transfer provisions of RCW 28A.225.225.
"Multidistrict online provider" also does not include regional online
learning programs that are jointly developed and implemented by two or
more school districts or an educational service district through an
interdistrict cooperative program agreement that addresses, at minimum,
how the districts share student full-time equivalency for state basic
education funding purposes and how categorical education programs,
including special education, are provided to eligible students.
(2)(a) "Online course" means a course where:
(i) More than half of the course content is delivered
electronically using the internet or other computer-based methods;
((and))
(ii) More than half of the teaching is conducted from a remote
location through an online course learning management system or other
online or electronic tools; and
(iii) The student's primary instructional interaction is with a
certificated teacher. Instructional interaction between the teacher
and the student includes, but is not limited to, direct instruction,
review of assignments, assessment, testing, progress monitoring, and
educational facilitation.
(b) "Online school program" means a school program that:
(i) Offers courses or grade-level coursework that is delivered
primarily electronically using the internet or other computer-based
methods;
(ii) Offers courses or grade-level coursework that is taught by a
teacher primarily from a remote location using online or other
electronic tools. Students enrolled in an online program may have
access to the teacher synchronously, asynchronously, or both;
(iii) Offers a sequential set of online courses or grade-level
coursework that may be taken in a single school term or throughout the
school year in a manner that could provide a full-time basic education
program if so desired by the student. Students may enroll in the
program as part-time or full-time students; and
(iv) Has an online component of the program with online lessons and
tools for student and data management.
(c) An online course or online school program may be delivered to
students at school as part of the regularly scheduled school day. An
online course or online school program also may be delivered to
students, in whole or in part, independently from a regular classroom
schedule, but such courses or programs must comply with RCW 28A.150.262
(as recodified by this act) to qualify for state basic education
funding.
(3) "Online provider" means any provider of an online course or
program, including multidistrict online providers, all school district
online learning programs, and all regional online learning programs.
Sec. 6 RCW 28A.250.020 and 2011 1st sp.s. c 34 s 6 are each
amended to read as follows:
(1) The superintendent of public instruction, in collaboration with
the state board of education, shall develop and implement approval
criteria and a process for approving online providers; a process for
monitoring and if necessary rescinding the approval of courses or
programs offered by an online provider; and an appeals process. The
criteria and processes for multidistrict online providers shall be
adopted by rule by December 1, 2009.
(2) When developing the approval criteria, the superintendent of
public instruction shall require that providers offering online courses
or programs have accreditation, or are candidates for accreditation,
through the Northwest accreditation commission or another national,
regional, or state accreditation program listed by the office of the
superintendent of public instruction ((after consultation with the
Washington coalition for online learning)). In addition to other
criteria, the approval criteria shall include the degree of alignment
with state academic standards and require that all teachers be
certificated in accordance with Washington state law. When reviewing
online providers that offer high school courses, the superintendent of
public instruction shall assure that the courses offered by the
provider are eligible for high school credit. However, final decisions
regarding whether credit meets the school district's graduation
requirements shall remain the responsibility of the school districts.
(3) Initial approval of online providers by the superintendent of
public instruction shall be for four years. The superintendent of
public instruction shall develop a process for the renewal of approvals
and for rescinding approvals based on noncompliance with approval
requirements. Any multidistrict online provider that was approved by
the digital learning commons or accredited by the Northwest association
of accredited schools before July 26, 2009, and that meets the teacher
certification requirements of subsection (2) of this section, is exempt
from the initial approval process under this section until August 31,
2012, but must comply with the process for renewal of approvals and
must comply with approval requirements.
(4) The superintendent of public instruction shall make the first
round of decisions regarding approval of multidistrict online providers
by April 1, 2010. The first round of decisions regarding approval of
online providers that are not multidistrict online providers shall be
made by April 1, 2013. Thereafter, the superintendent of public
instruction shall make annual approval decisions no later than November
1st of each year.
(5) The superintendent of public instruction shall establish an
online learning advisory committee within existing resources that shall
provide advice to the superintendent regarding the approval criteria,
major components of the web site, the model school district policy,
model agreements, and other related matters. The committee shall
include a representative of each of the following groups: Private and
public online providers, parents of online students, accreditation
organizations, educational service districts, school principals,
teachers, school administrators, school board members, institutions of
higher education, and other individuals as determined by the
superintendent. Members of the advisory committee shall be selected by
the superintendent based on nominations from statewide organizations,
shall serve three-year terms, and may be reappointed. The
superintendent shall select the chair of the committee.
Sec. 7 RCW 28A.250.050 and 2011 1st sp.s. c 34 s 11 are each
amended to read as follows:
(1) By August 31, 2010, all school district boards of directors
shall develop policies and procedures regarding student access to
online courses and online learning programs. The policies and
procedures shall include but not be limited to: Student eligibility
criteria; the types of online courses available to students through the
school district; the methods districts will use to support student
success, which may include a local advisor; when the school district
will and will not pay course fees and other costs; the granting of high
school credit; and a process for students and parents or guardians to
formally acknowledge any course taken for which no credit is given.
The policies and procedures shall take effect beginning with the 2010-11 school year. School districts shall submit their policies to the
superintendent of public instruction by September 15, 2010. By
December 1, 2010, the superintendent of public instruction shall
summarize the school district policies regarding student access to
online courses and submit a report to the legislature.
(2) School districts must award credit and grades for online high
school courses successfully completed by a student that meet the school
district's graduation requirements and are provided by an approved
online provider.
(3) School districts shall provide students with information
regarding online courses that are available through the school
district. The information shall include the types of information
described in subsection (1) of this section.
(4) When developing local or regional online learning programs,
school districts shall incorporate into the program design the approval
criteria developed by the superintendent of public instruction under
RCW 28A.250.020.
Sec. 8 RCW 28A.525.162 and 2012 c 244 s 2 are each amended to
read as follows:
(1) Funds appropriated to the superintendent of public instruction
from the common school construction fund shall be allotted by the
superintendent of public instruction in accordance with this chapter.
(2) No allotment shall be made to a school district until such
district has provided local funds equal to or greater than the
difference between the total approved project cost and the amount of
state funding assistance to the district for financing the project
computed pursuant to RCW 28A.525.166, with the following exceptions:
(a) The superintendent of public instruction may waive the local
requirement for state funding assistance for districts which have
provided funds for school building construction purposes through the
authorization of bonds or through the authorization of excess tax
levies or both in an amount equivalent to two and one-half percent of
the value of its taxable property, as defined in RCW 39.36.015.
(b) No such local funds shall be required as a condition to the
allotment of funds from the state for the purpose of making major or
minor structural changes to existing school facilities in order to
bring such facilities into compliance with the barrier free access
requirements of section 504 of the federal rehabilitation act of 1973
(29 U.S.C. Sec. 706) and rules implementing the act.
(3) For the purpose of computing the state funding assistance
percentage under RCW 28A.525.166 when a school district is granted
authority to enter into contracts, adjusted valuation per pupil shall
be calculated using headcount student enrollments from the most recent
October enrollment reports submitted by districts to the superintendent
of public instruction, adjusted as follows:
(a) In the case of projects for which local bonds were approved
after May 11, 1989:
(i) For districts which have been designated as serving high school
districts under RCW 28A.540.110, students residing in the nonhigh
district so designating shall be excluded from the enrollment count if
the student is enrolled in any grade level not offered by the nonhigh
district;
(ii) The enrollment of nonhigh school districts shall be increased
by the number of students residing within the district who are enrolled
in a serving high school district so designated by the nonhigh school
district under RCW 28A.540.110, including only students who are
enrolled in grade levels not offered by the nonhigh school district;
and
(iii) The number of preschool students with disabilities included
in the enrollment count shall be multiplied by one-half;
(b) In the case of construction or modernization of high school
facilities in districts serving students from nonhigh school districts,
the adjusted valuation per pupil shall be computed using the combined
adjusted valuations and enrollments of each district, each weighted by
the percentage of the district's resident high school students served
by the high school district;
(c) The number of kindergarten students included in the enrollment
count shall be counted as one headcount student; and
(d) The number of students residing outside the school district who
are enrolled in alternative learning experience ((programs)) courses
under RCW 28A.150.325 (as recodified by this act) shall be excluded
from the total.
(4) In lieu of the exclusion in subsection (3)(d) of this section,
a district may submit an alternative calculation for excluding students
enrolled in alternative learning experience ((programs)) courses. The
alternative calculation must show the student headcount use of district
classroom facilities on a regular basis for a regular duration by out-of-district alternative learning experience ((program)) students
subtracted by the headcount of in-district alternative learning
experience ((program)) students not using district classroom facilities
on a regular basis for a reasonable duration. The alternative
calculation must be submitted in a form approved by the office of the
superintendent of public instruction. The office of the superintendent
of public instruction must develop rules to define "regular basis" and
"reasonable duration."
(5) The superintendent of public instruction, considering policy
recommendations from the school facilities citizen advisory panel,
shall prescribe such rules as are necessary to equate insofar as
possible the efforts made by school districts to provide capital funds
by the means aforesaid.
(6) For the purposes of this section, "preschool students with
disabilities" means children of preschool age who have developmental
disabilities who are entitled to services under RCW 28A.155.010 through
28A.155.100 and are not included in the kindergarten enrollment count
of the district.
Sec. 9 RCW 28A.525.166 and 2012 c 244 s 3 are each amended to
read as follows:
Allocations to school districts of state funds provided by RCW
28A.525.162 through 28A.525.180 shall be made by the superintendent of
public instruction and the amount of state funding assistance to a
school district in financing a school plant project shall be determined
in the following manner:
(1) The boards of directors of the districts shall determine the
total cost of the proposed project, which cost may include the cost of
acquiring and preparing the site, the cost of constructing the building
or of acquiring a building and preparing the same for school use, the
cost of necessary equipment, taxes chargeable to the project, necessary
architects' fees, and a reasonable amount for contingencies and for
other necessary incidental expenses: PROVIDED, That the total cost of
the project shall be subject to review and approval by the
superintendent.
(2) The state funding assistance percentage for a school district
shall be computed by the following formula:
The ratio of the school district's adjusted valuation per pupil
divided by the ratio of the total state adjusted valuation per pupil
shall be subtracted from three, and then the result of the foregoing
shall be divided by three plus (the ratio of the school district's
adjusted valuation per pupil divided by the ratio of the total state
adjusted valuation per pupil).
| District adjusted | Total state | ||||||
| 3-valuation | ÷ | adjusted valuation | |||||
| Computed | per pupil | per pupil | State | ||||
| State | Funding | ||||||
| Ratio | District adjusted | Total state | Assistance | ||||
| 3+valuation | ÷ | adjusted valuation | |||||
| per pupil | per pupil | ||||||
NEW SECTION. Sec. 10 (1) Funding for hybrid, remote, and online
alternative learning experience courses as defined in RCW 28A.150.325
(as recodified by this act) shall be allocated by the office of the
superintendent of public instruction based on the unenhanced statewide
average basic education allocation per full-time equivalent student
anticipated during the development of the biennial budget and
referenced in the omnibus appropriations act for each full-time
equivalent alternative learning experience student.
(2)(a) The office of the superintendent of public instruction shall
conduct a study, in consultation with at minimum, one representative
from a school district that administers hybrid courses, one
representative from a school district that administers online courses,
and one representative from a school district that administers remote
alternative learning experience courses, for the purpose of creating a
proposal for efficiently and sustainably funding alternative learning
experience courses. The proposal may recommend the funding method in
subsection (1) of this section or another method of funding.
(b) The office of the superintendent of public instruction shall
report its findings from the study to the education committees of the
legislature by November 1, 2013.
NEW SECTION. Sec. 11 (1) RCW 28A.150.262 and 28A.150.325 are
each recodified as sections in chapter 28A.--- RCW (the new chapter
created in section 12 of this act).
(2) 2011 1st sp.s. c 34 s 1 is codified as a section in chapter
28A.--- RCW (the new chapter created in section 12 of this act).
NEW SECTION. Sec. 12 Sections 1 and 10 of this act constitute a
new chapter in Title 28A RCW.