AN ACT Relating to facilitating high school success; amending RCW 28A.320.195, 28A.600.290, 28A.600.310, 28A.600.320, 28A.600.385, 28A.165.035, and 28A.175.074; adding a new section to chapter 28A.320 RCW; adding a new section to chapter 28A.300 RCW; and adding a new section to chapter 28A.175 RCW.

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

PART I

ACADEMIC ACCELERATION POLICY

Sec. 101.  RCW 28A.320.195 and 2013 c 184 s 2 are each amended to read as follows:

(1) Each school district board of directors ((is encouraged to)) shall adopt an academic acceleration policy for high school students as provided under this section.

(2) Under an academic acceleration policy:

(a) The district shall automatically enroll((s any student who meets)) the ((state standard on the high school statewide student assessment)) following students in the next most rigorous level of advanced courses or program offered by the high school((. Students who successfully complete such an advanced course are then enrolled in the next most rigorous level of advanced course, with the objective that students will eventually be automatically enrolled in courses that offer the opportunity to earn dual credit for high school and college)):

(ii) Any student whose score on the preliminary scholastic aptitude test meets the college and career readiness benchmarks on the reading and the writing and language sections, or the mathematics section, for the grade in which the student is enrolled.

(b) Each school district may include additional eligibility criteria for students to participate in the academic acceleration policy so long as the district criteria does not create inequities in the demographic enrollments in the advanced course or program.

(3)(a) The subject matter of the advanced courses or program in which ((the)) a student is automatically enrolled depends on the content area or areas of the ((statewide student)) assessments where the student has met the ((state standard. Students who meet the state standard on both end-of-course mathematics assessments are considered to have met the state standard for high school mathematics)) eligibility score under subsection (2) of this section.

(b) Students who ((meet the state standard in both reading and writing)) achieve an eligible score on either the English language arts statewide student assessment or both the reading and the writing and language sections of the preliminary scholastic aptitude test are also eligible for enrollment in advanced courses in English, social studies, humanities, and other related subjects.

(((c))) (4)(a) Students who successfully complete an advanced course in accordance with subsection (3) of this section, are then enrolled in the next most rigorous level of advanced course.

(5) The district must notify students and parents or guardians regarding the academic acceleration policy and the advanced courses or program available to students, including dual credit courses or programs.

(((d))) (6) The district must provide a parent or guardian of a high school student with an opportunity to opt the student out of the academic acceleration policy and enroll ((a)) the student in an alternative course or program.

NEW SECTION.  Sec. 102.  A new section is added to chapter 28A.320 RCW to read as follows:

(1) Notwithstanding the dual credit requirements established in RCW 28A.320.195, 28A.320.196, 28A.600.290, and 28B.15.821, each school district shall enroll any student in a dual credit course or program who wants to enroll in a dual credit course or program.

(2) For the purposes of this section, "a dual credit course or program" means a course or program administered by either an institution of higher education or a high school, through which a high school student who has not yet received the credits required for a high school diploma, enrolls in a course or program to simultaneously earn high school and college credit.

(3) In addition to the state funding provided under RCW 28A.320.196 and 28A.600.310 through 28A.600.400, the state must allocate funding to the superintendent of public instruction to provide for the cost of examination fees for dual credit courses or programs for each student who completes a dual credit course or program and is eligible for free or reduced priced meals.

NEW SECTION.  Sec. 103.  A new section is added to chapter 28A.300 RCW to read as follows:

In accordance with section 102 of this act, the superintendent of public instruction shall reimburse school districts for costs associated with offering the preliminary scholastic aptitude test to students who are eligible for free or reduced priced meals. School districts shall submit evidence from the test provider to the superintendent of public instruction verifying the number of tests completed and scored. Within the amounts provided, the office of the superintendent of public instruction shall reimburse individual school districts for the number of tests taken at a uniform statewide per test rate.

Sec. 104.  RCW 28A.600.290 and 2015 c 202 s 3 are each amended to read as follows:

(1)(a) Subject to the availability of amounts appropriated for this specific purpose and commencing with the 2015-16 school year, funding may be allocated at an amount per college credit for ((eleventh and twelfth grade students or)) high school students who have not yet received a high school diploma or its equivalent and ((are eligible to be in the eleventh or twelfth grade who)) are enrolled in college in the high school courses under this section as specified in the omnibus appropriations act and adjusted for inflation from the 2015-16 school year. The maximum annual number of allocated credits per participating student shall be specified in the omnibus appropriations act, which must not exceed ten credits. Funding shall be prioritized in the following order:

(i) High schools offering a running start in the high school program in school year 2014-15. These schools shall only receive prioritized funding in school year 2015-16;

(ii) Students whose residence or the high school in which they are enrolled is located twenty driving miles or more as measured by the most direct route from the nearest eligible institution of higher education offering a running start program, whichever is greater; and

(iii) High schools eligible for the small school funding enhancement in the omnibus appropriations act.

(b)(i) Subject to the availability of amounts appropriated for this specific purpose and commencing with the 2015-16 school year, and only after the programs in (a) of this subsection are funded, a subsidy may be provided per college credit for ((eleventh and twelfth grade students or)) high school students who have not yet received a high school diploma or its equivalent and ((are eligible to be in the eleventh or twelfth grade)) who have been deemed eligible for free or reduced-price lunch and are enrolled in college in the high school courses under this section as specified in the omnibus appropriations act and adjusted for inflation from the 2015-16 school year. The maximum annual number of subsidized credits per participating student shall be specified in the omnibus appropriations act, which must not exceed five credits.

(ii) Districts wishing to participate in the subsidy program must apply to the office of the superintendent of public instruction by July 1st of each year and report the preliminary estimate of eligible students to receive the subsidy and the total number of projected credit hours.

(iii) The office of the superintendent of public instruction shall notify districts by September 1st of each school year if the district's students will receive the subsidy. If more districts apply than funding is available, the office of the superintendent of public instruction shall prioritize the district applications. The superintendent shall develop factors to determine priority including, but not limited to, the number of dual credit opportunities available for low-income students in the districts.

(c) Districts shall remit any allocations or subsidies on behalf of participating students under (a) and (b) of this subsection to the participating institution of higher education and those students shall not be required to pay for the credits.

(d) The minimum allocation and subsidy under this section is sixty-five dollars per quarter credit for credit-bearing postsecondary coursework. The office of the superintendent of public instruction, the student achievement council, the state board for community and technical colleges, and the public baccalaureate institutions shall review funding levels for the program every four years beginning in 2017 and recommend changes.

(e) Students may pay college in the high school fees with advanced college tuition payment program tuition units at a rate set by the advanced college tuition payment program governing body under chapter 28B.95 RCW.

(2) For the purposes of funding students enrolled in the college in the high school program in accordance with subsection (1) of this section, college in the high school is defined as a dual credit program located on a high school campus or in a high school environment in which a high school student is able to earn both high school and postsecondary credit by completing postsecondary level courses with a passing grade.

(3) College in the high school programs may include both academic and career and technical education.

(4) College in the high school programs shall each be governed by a local contract between the district and the participating institution of higher education, in compliance with the rules adopted by the superintendent of public instruction under this section.

(5) The college in the high school program must include the provisions in this subsection.

(a) The high school and participating institution of higher education together shall define the criteria for student eligibility. The institution of higher education may charge tuition fees to participating students. If specific funding is provided in the omnibus appropriations act for the per credit allocations and per credit subsidies under subsection (1) of this section, the maximum per credit fee charged to any enrolled student may not exceed the amount of the per credit allocation or subsidy.

(b) The funds received by the participating institution of higher education may not be deemed tuition or operating fees and may be retained by the institution of higher education.

(c) Enrollment information on persons registered under this section must be maintained by the institution of higher education separately from other enrollment information and may not be included in official enrollment reports, nor may such persons be considered in any enrollment statistics that would affect higher education budgetary determinations.

(d) A school district must grant high school credit to a student enrolled in a program course if the student successfully completes the course. If no comparable course is offered by the school district, the school district superintendent shall determine how many credits to award for the course. The determination shall be made in writing before the student enrolls in the course. The credits shall be applied toward graduation requirements and subject area requirements. Evidence of successful completion of each program course shall be included in the student's secondary school records and transcript.

(e) A participating institution of higher education must grant college credit to a student enrolled in a program course if the student successfully completes the course. The college credit shall be applied toward general education requirements or degree requirements at institutions of higher education. Evidence of successful completion of each program course must be included in the student's college transcript.

(f) ((Tenth, eleventh, and twelfth grade students or students who have not yet received a high school diploma or its equivalent and are eligible to be in the tenth, eleventh, or twelfth grades may participate in the college in the high school program.

(g))) Participating school districts must provide general information about the college in the high school program to all students in grades nine through twelve and to the parents and guardians of those students.

(((h))) (g) Full-time and part-time faculty at institutions of higher education, including adjunct faculty, are eligible to teach program courses.

(6) The superintendent of public instruction shall adopt rules for the administration of this section. The rules shall be jointly developed by the superintendent of public instruction, the state board for community and technical colleges, the student achievement council, and the public baccalaureate institutions. The association of Washington school principals must be consulted during the rules development. The rules must outline quality and eligibility standards that are informed by nationally recognized standards or models. In addition, the rules must encourage the maximum use of the program and may not narrow or limit the enrollment options.

(7) The definitions in this subsection apply throughout this section.

(a) "Institution of higher education" has the definition in RCW 28B.10.016, and also includes a public tribal college located in Washington and accredited by the Northwest commission on colleges and universities or another accrediting association recognized by the United States department of education.

(b) "Program course" means a college course offered in a high school under the college in the high school program.

Sec. 105.  RCW 28A.600.310 and 2015 c 202 s 4 are each amended to read as follows:

(1)(a) ((Eleventh and twelfth grade)) High school students or students who have not yet received the credits required for the award of a high school diploma ((and are eligible to be in the eleventh or twelfth grades)) may apply to a participating institution of higher education to enroll in courses or programs offered by the institution of higher education.

(b) The course sections and programs offered as running start courses must also be open for registration to matriculated students at the participating institution of higher education and may not be a course consisting solely of high school students offered at a high school campus.

(c) A student receiving home-based instruction enrolling in a public high school for the sole purpose of participating in courses or programs offered by institutions of higher education shall not be counted by the school district in any required state or federal accountability reporting if the student's parents or guardians filed a declaration of intent to provide home-based instruction and the student received home-based instruction during the school year before the school year in which the student intends to participate in courses or programs offered by the institution of higher education. Students receiving home-based instruction under chapter 28A.200 RCW and students attending private schools approved under chapter 28A.195 RCW shall not be required to meet the student learning goals, obtain a certificate of academic achievement or a certificate of individual achievement to graduate from high school, or to master the essential academic learning requirements. However, students are eligible to enroll in courses or programs in participating universities only if the board of directors of the student's school district has decided to participate in the program. Participating institutions of higher education, in consultation with school districts, may establish admission standards for these students. If the institution of higher education accepts a secondary school pupil for enrollment under this section, the institution of higher education shall send written notice to the pupil and the pupil's school district within ten days of acceptance. The notice shall indicate the course and hours of enrollment for that pupil.

(2)(a) In lieu of tuition and fees, as defined in RCW 28B.15.020 and 28B.15.041:

(i) Running start students shall pay to the community or technical college all other mandatory fees as established by each community or technical college and, in addition, the state board for community and technical colleges may authorize a fee of up to ten percent of tuition and fees as defined in RCW 28B.15.020 and 28B.15.041; and

(ii) All other institutions of higher education operating a running start program may charge running start students a fee of up to ten percent of tuition and fees as defined in RCW 28B.15.020 and 28B.15.041 in addition to technology fees.

(b) The fees charged under this subsection (2) shall be prorated based on credit load.

(c) Students may pay fees under this subsection with advanced college tuition payment program tuition units at a rate set by the advanced college tuition payment program governing body under chapter 28B.95 RCW.

(3)(a) The institutions of higher education must make available fee waivers for low-income running start students. Each institution must establish a written policy for the determination of low-income students before offering the fee waiver. A student shall be considered low income and eligible for a fee waiver upon proof that the student is currently qualified to receive free or reduced-price lunch. Acceptable documentation of low-income status may also include, but is not limited to, documentation that a student has been deemed eligible for free or reduced-price lunches in the last five years, or other criteria established in the institution's policy.

(b) Institutions of higher education, in collaboration with relevant student associations, shall aim to have students who can benefit from fee waivers take advantage of these waivers. Institutions shall make every effort to communicate to students and their families the benefits of the waivers and provide assistance to students and their families on how to apply. Information about waivers shall, to the greatest extent possible, be incorporated into financial aid counseling, admission information, and individual billing statements. Institutions also shall, to the greatest extent possible, use all means of communication, including but not limited to web sites, online catalogues, admission and registration forms, mass email messaging, social media, and outside marketing to ensure that information about waivers is visible, compelling, and reaches the maximum number of students and families that can benefit.

(4) The pupil's school district shall transmit to the institution of higher education an amount per each full-time equivalent college student at statewide uniform rates for vocational and nonvocational students. The superintendent of public instruction shall separately calculate and allocate moneys appropriated for basic education under RCW 28A.150.260 to school districts for purposes of making such payments and for granting school districts seven percent thereof to offset program related costs. The calculations and allocations shall be based upon the estimated statewide annual average per full-time equivalent high school student allocations under RCW 28A.150.260, excluding small high school enhancements, and applicable rules adopted under chapter 34.05 RCW. The superintendent of public instruction, participating institutions of higher education, and the state board for community and technical colleges shall consult on the calculation and distribution of the funds. The funds received by the institution of higher education from the school district shall not be deemed tuition or operating fees and may be retained by the institution of higher education. A student enrolled under this subsection shall be counted for the purpose of meeting enrollment targets in accordance with terms and conditions specified in the omnibus appropriations act.

Sec. 106.  RCW 28A.600.320 and 2009 c 524 s 4 are each amended to read as follows:

A school district shall provide general information about the program to all high school pupils ((in grades ten, eleven, and twelve)) and the parents and guardians of those pupils, including information about the opportunity to enroll in the program through online courses available at community and technical colleges and other state institutions of higher education and including the college high school diploma options under RCW 28B.50.535. To assist the district in planning, a pupil shall inform the district of the pupil's intent to enroll in courses at an institution of higher education for credit. Students are responsible for applying for admission to the institution of higher education.

Sec. 107.  RCW 28A.600.385 and 1998 c 63 s 2 are each amended to read as follows:

(1) School districts in Washington and community colleges in Oregon and Idaho may enter into cooperative agreements under chapter 39.34 RCW for the purpose of allowing ((eleventh and twelfth grade)) high school students who are enrolled in the school districts to earn high school and college credit concurrently.

(2) Except as provided in subsection (3) of this section, if a school district exercises the authority granted in subsection (1) of this section, the provisions of RCW 28A.600.310 through 28A.600.360 and 28A.600.380 through 28A.600.400 shall apply to the agreements.

(3) A school district may enter an agreement in which the community college agrees to accept an amount less than the statewide uniform rate under RCW 28A.600.310(((2))) (4) if the community college does not charge participating students tuition and fees. A school district may not pay a per-credit rate in excess of the statewide uniform rate under RCW 28A.600.310(((2))) (4).

(4) To the extent feasible, the agreements shall permit participating students to attend the community college without paying any tuition and fees. The agreements shall not permit the community college to charge participating students nonresident tuition and fee rates.

(5) The agreements shall ensure that participating students are permitted to enroll only in courses that are transferable to one or more institutions of higher education as defined in RCW 28B.10.016.

PART II

DROPOUT PREVENTION PROGRAMS

Sec. 201.  RCW 28A.165.035 and 2016 c 72 s 803 are each amended to read as follows:

(1) Use of best practices that have been demonstrated through research to be associated with increased student achievement magnifies the opportunities for student success. To the extent they are included as a best practice or strategy in one of the state menus or an approved alternative under this section or RCW 28A.655.235, the following are services and activities that may be supported by the learning assistance program:

(a) Extended learning time opportunities occurring:

(i) Before or after the regular school day;

(ii) On Saturday; and

(iii) Beyond the regular school year;

(b) Services under RCW 28A.320.190;

(c) Professional development for certificated and classified staff that focuses on:

(i) The needs of a diverse student population;

(ii) Specific literacy and mathematics content and instructional strategies; and

(iii) The use of student work to guide effective instruction and appropriate assistance;

(d) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students;

(e) Tutoring support for participating students;

(f) Outreach activities and support for parents of participating students, including employing parent and family engagement coordinators; and

(g) Up to five percent of a district's learning assistance program allocation may be used for development of partnerships with community-based organizations, educational service districts, and other local agencies to deliver academic and nonacademic supports to participating students who are significantly at risk of not being successful in school to reduce barriers to learning, increase student engagement, and enhance students' readiness to learn. The school board must approve in an open meeting any community-based organization or local agency before learning assistance funds may be expended.

(2) In addition to the state menu developed under RCW 28A.655.235, the office of the superintendent of public instruction shall convene a panel of experts, including the Washington state institute for public policy, to develop additional state menus of best practices and strategies for use in the learning assistance program to assist struggling students at all grade levels in English language arts and mathematics and reduce disruptive behaviors in the classroom. The office of the superintendent of public instruction shall publish the state menus by July 1, 2015, and update the state menus by each July 1st thereafter.

(3)(a) ((Beginning in the 2016-17 school year,)) Except as provided in (b), (c), or (d) of this subsection, school districts must use a practice or strategy that is on a state menu developed under subsection (2) of this section or RCW 28A.655.235.

(b) Beginning in the 2016-17 school year, school districts may use a practice or strategy that is not on a state menu developed under subsection (2) of this section for two school years initially. If the district is able to demonstrate improved outcomes for participating students over the previous two school years at a level commensurate with the best practices and strategies on the state menu, the office of the superintendent of public instruction shall approve use of the alternative practice or strategy by the district for one additional school year. Subsequent annual approval by the superintendent of public instruction to use the alternative practice or strategy is dependent on the district continuing to demonstrate increased improved outcomes for participating students.

(c) ((Beginning in the 2016-17 school year,)) During the 2018-19 and 2019-20 school years only, school districts may expend a portion of the district's learning assistance program allocation to develop a dropout early warning and intervention data system as defined in RCW 28A.175.074 and includes the data specified in section 203 of this act. During the 2018-19 and 2019-20 school years, the office of the superintendent of public instruction may retain up to one-half of one percent of learning assistance program allocation funds generated by middle school and high school students for the purpose of supporting districts in meeting the requirements of section 203 of this act including, but not limited to, data collection and reporting and providing professional development and technical assistance. The office of the superintendent of public instruction is encouraged to work with the educational service districts to provide these services.

(4) School districts may enter cooperative agreements with state agencies, local governments, or school districts for administrative or operational costs needed to provide services in accordance with the state menus developed under this section and RCW 28A.655.235.

Sec. 202.  RCW 28A.175.074 and 2010 c 243 s 2 are each amended to read as follows:

The definitions in this section apply throughout ((section 3, chapter 243, Laws of 2010 and)) RCW 28A.165.035, 28A.175.075, and section 203 of this act unless the context clearly requires otherwise.

(1) "Critical community members" means representatives in the local community from among the following agencies and organizations: Student/parent organizations, parents and families, local government, law enforcement, juvenile corrections, any tribal organization in the local school district, the local health district, nonprofit and social service organizations serving youth, and faith organizations.

(2) "Dropout early warning and intervention data system" means a student information system that:

(a) Provides the data needed to conduct a universal screening to identify students at risk of ((dropping out,)) not graduating;

(e) Catalogs student interventions((,)); and

(f) Monitors student progress towards graduation.

(3) "K-12 dropout prevention, intervention, and reengagement system" means a system that provides all of the following functions and utilizes a dropout early warning and intervention data system in supporting these functions:

(a) Engaging in school improvement planning specifically focused on improving high school graduation rates, including goal-setting and action planning, based on a comprehensive assessment of strengths and challenges and prioritizing school-wide tier one preventions and interventions;

(b) Providing prevention activities including, but not limited to, emotionally and physically safe school environments, implementation of a comprehensive guidance and counseling model facilitated by certified school counselors, core academic instruction, ((and)) career and technical education exploratory and preparatory programs, and alternative educational programming;

(c) Identifying vulnerable students at risk of not graduating based on a dropout early warning and intervention data system;

(d) Timely academic and nonacademic group and individual interventions for vulnerable students based on a multitiered response to intervention model, including planning and sharing of information at critical academic transitions;

(e) Providing time for teachers and instructional support staff within a common grade level to collaborate on a regular, frequent basis to identify vulnerable students who are at risk of not graduating, assess individual student needs, plan supports, track progress, and make ongoing adjustments until a student is no longer at risk of not graduating;

(g) Providing graduation coaches, mentors, certified school counselors, and/or case managers for vulnerable students identified as needing a more intensive one-on-one adult relationship;

(((f))) (h) Establishing and providing staff to coordinate a school/family/community partnership that assists in building and implementing a K-12 dropout prevention, intervention, and reengagement system;

(((g))) (i) Providing credit retrieval or reentry activities including, but not limited to, online credit retrieval opportunities; and

(((h) Providing alternative educational programming including, but not limited to, credit retrieval and online learning opportunities)) (j) Ongoing professional development for teachers, administrators, and other school staff on instructional best practices related to a multitiered response to intervention models and other dropout prevention, intervention, and reengagement practices.

(4) "School/family/community partnership" means a partnership between a school or schools, families, and the community, that engages critical community members in a formal, structured partnership with local school districts in a coordinated effort to provide comprehensive support services and improve outcomes for vulnerable youth.

(5) "Vulnerable students" means students who are:

(a) In foster care((,));

(b) Involved in the juvenile justice system((,));

(c) Receiving special education services under chapter 28A.155 RCW((,)) in accordance with an individualized education plan or 504 plan;

(e) Recent immigrants((,));

(g) Homeless((,));

(h) Emotionally traumatized((, or are));

(i) Facing behavioral health issues((,)); and

(j) Students deemed at((-))risk of school failure as identified by a dropout early warning data system or other assessment.

NEW SECTION.  Sec. 203.  A new section is added to chapter 28A.175 RCW to read as follows:

(1) By the 2020-21 school year, each school district must use a dropout early warning and intervention data system, as defined in RCW 28A.175.074, to identify students, beginning with students in grade five or earlier, who are at risk of not graduating from high school. At a minimum, a school district's dropout early warning and intervention data system must measure attendance, behavior, and course performance. School districts may also use additional information to make the determination that a student is at risk of not graduating from high school.

(2)(a) By the 2020-21 school year, each school district must have in place and be using a K-12 dropout prevention, intervention, and reengagement system as defined in RCW 28A.175.074.

(b) Beginning in the 2021 school year and every two years thereafter, each school district must submit a report to the superintendent of public instruction by September 1st, that provides evidence of all the functions included in the definition of the K-12 dropout prevention, intervention, and reengagement system as defined in RCW 28A.175.074.

(3) In building and implementing the dropout early warning and intervention data system and the K-12 dropout prevention, intervention, and reengagement system required in subsections (1) and (2) of this section, school districts should prioritize identifying and supporting students who are off track to graduate in the first year of middle school and the first year of high school. Leading up to the 2020-21 school year, school districts are encouraged to implement these systems as soon as applicable in these grades, even if other system functions are still under development.

(4) School districts are encouraged to use the needs assessment from the Washington integrated student supports protocol, developed by the center for the improvement of student learning within the office of the superintendent of public instruction, in accordance with the protocol framework established in RCW 28A.300.139. School districts may use the protocol to:

(a) Evaluate school-wide needs and plan corresponding interventions, supports, and improvements;

(b) Assess individual needs of students identified under subsection (1) of this section; and

(c) Plan personalized supports for students.

(5) The superintendent of public instruction shall work with the state-level building bridges work group established in accordance with RCW 28A.175.075 to develop rules, implementation guidelines, and technical support for school districts to implement this section.

(6) School districts must annually report to the office of the superintendent of public instruction the number of students identified as at risk of not graduating through their dropout early warning and intervention data system and the number of students who returned to being on track to graduate over the course of the school year. The office of the superintendent of public instruction should report this data on the school report card at the school level and disaggregated by the subgroups listed in RCW 28A.300.042.

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