(1) "Diagnostic literacy assessment" means an assessment given to students suspected of being below grade level in literacy in order to determine what specific literacy strengths and challenges a student may have and to inform the selection of instructional practices and supports appropriate for the student's specific literacy strengths and challenges. A diagnostic literacy assessment should identify students who have a significant literacy challenge as defined in this section.

(2) "Dyslexia" means a specific learning disability that is neurobiological in origin, characterized by difficulties with either accurate or fluent word recognition, or both, and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede growth of vocabulary and background knowledge.

(4) "Literacy coach" means an educator holding a valid Washington state reading endorsement who provides professional development, mentoring, and other professional learning practices in evidence-based literacy assessment, instruction, and interventions that are age, developmentally, and culturally appropriate. Literacy coaches should have training on evidence-based practices in literacy coaching, including effective use of time and effective strategies for working with educators, and should adhere to the professional learning standards and definitions outlined in RCW 28A.415.432 and 28A.415.434.

(5) "Literacy screening assessment" means an assessment used to assess all students to determine whether a student may be below grade level in literacy achievement. The literacy screening assessment should identify students who may have significant literacy challenges or less severe literacy challenges, which then requires the use of a diagnostic literacy assessment for such students.

(6) "Literacy specialist" means an educator holding a valid Washington state reading endorsement who: Conducts literacy diagnostic assessments; implements tier two and tier three supports, as defined in subsections (9) and (10) of this section, for students with significant literacy challenges and other less severe literacy challenges; advises teachers and administrators on aligning supports with the literacy needs of specific students or groups of students; and oversees other adults in implementing evidence-based literacy assessments, instruction, and supports.

(7) "Significant literacy challenges" means specific reading, writing, or other literacy challenges, identified through literacy diagnostic assessments that indicate performance significantly below grade level for the student's grade on one or more specific standards in the English language arts and literacy standards as provided in the superintendent of public instruction's guidance developed under section 2 of this act.

(8) "Tier one support" means high quality, evidence-based instruction or practices designed to benefit all students, while still differentiated to meet their needs. Generally, these supports are implemented across larger groups of students, such as across the entire school or a specific grade.

(9) "Tier two support" means high quality, evidence-based instruction or practices designed to support students who are not making adequate progress or have been identified as at risk. These supports should offer increasingly intensive instruction matched to the students' specific identified needs based on their achievement levels and rates of progress. Generally, these supports are implemented with small groups of students with common needs.

(10) "Tier three support" means high quality, evidence-based instruction or practices designed to deliver individualized, intensive supports to students whose specific identified needs require more intensive supports than tier two supports. These supports are matched to a student's specific identified needs based on the student's achievement levels and rates of progress. Generally, these supports are implemented with individual students.

(1) Beginning with the 2019-20 school year, each school district must use one or more of the literacy screening and diagnostic literacy assessments compiled by the superintendent of public instruction in accordance with section 5 of this act, to identify students in grades kindergarten through four who are eligible for English language arts and literacy services provided in the learning assistance program. These assessments must be used to determine the literacy achievement of each student, the student's specific literacy strengths and challenges, and whether the student has a significant literacy challenge.

(2) At least once every nine weeks, school districts must use formative assessments to measure the progress of students identified with either significant literacy challenges or students in grade four who received a score of basic or below basic on the third grade statewide student assessment in English language arts in the previous school year. The formative assessment progress results must be reported to the student's parents or guardians.

(1) Use of best practices that have been demonstrated through research to be associated with increased student achievement magnifies the opportunities for student success. With the exception of the requirements in subsection (4) of this section, to the extent they are included as ((a best)) an evidence-based 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:

(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)(a) 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)) evidence-based practices and strategies for use in the learning assistance program to assist struggling students at all grade levels in English language arts and literacy, and mathematics and reduce disruptive behaviors in the classroom.

(b) The state menus developed under RCW 28A.655.235, and this subsection (2) must distinguish between practices and strategies showing strong, moderate, and promising evidence as defined in the definition of "evidence-based" in section 1 of this act and must provide research informed guidance on whether the practices and strategies are most effective as one or more of tier one, tier two, or tier three supports, as defined in section 1 of this act, in a multitiered system of supports.

(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)) evidence-based 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, 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.

(4) ((School districts are encouraged to implement best practices and strategies from the state menus developed under this section and RCW 28A.655.235 before the use is required)) Beginning in the 2019-20 school year, to the extent they are included as an evidence-based practice or strategy on the state menu developed under RCW 28A.655.235, the learning assistance program may provide the following services, educators, and activities to support students in grades kindergarten through four in literacy:

(a) Valid and reliable, standards-aligned literacy assessments approved by the superintendent of public instruction in accordance with section 5 of this act or other evaluative services needed to identify a student's specific literacy strengths and challenges, including but not limited to dyslexia;

(h) Literacy instruction through summer school programming or other extended learning opportunities using evidence-based, standards-aligned literacy instructional and support practices provided by educators who have received professional development in these practices; and

(i) Evidence-based instructional and support practices and strategies within a multitiered system of supports that are identified on the state menu developed under RCW 28A.655.235 including school-wide or grade-wide tier one supports. Tier two and tier three supports must be delivered by literacy specialists or under the guidance of literacy specialists by educators trained in evidence-based, standards-aligned literacy assessment, instruction, and supports.

(1) Beginning with the 2014-15 school year, school districts shall record in the statewide individual student data system annual entrance and exit performance data for each student participating in the learning assistance program according to specifications established by the office of the superintendent of public instruction.

(b) To account for students served by the learning assistance program multiple times during a single year, the superintendent of public instruction must allow school districts to record growth by submitting the total number of days in the learning assistance program, rather than the dates they entered and exited the program.

(c) The superintendent of public instruction must ensure the learning assistance program reporting processes can capture the learning that happens over the summer through summer school or other programs funded with state learning assistance program funds outside of the school year.

(3) The office of the superintendent of public instruction shall compile the school district data and report annual and longitudinal gains for the specific practices, activities, and programs used by the school districts to show which are the most effective. The data must be disaggregated by student subgroups.

(1) The superintendent of public instruction must review and approve literacy screening and diagnostic literacy assessments for school districts to use to identify the literacy achievement of students in grades kindergarten through four and students with specific literacy challenges as required in RCW 28A.320.202. The superintendent of public instruction must ensure these assessments are valid and reliable and aligned with the English language arts and literacy standards adopted in accordance with RCW 28A.655.070, the Washington kindergarten inventory of developing skills administered in accordance with RCW 28A.655.080, and the second grade reading assessment administered in accordance with RCW 28A.300.320.

(2) After reviewing the assessments in accordance with subsection (1) of this section, the superintendent of public instruction must identify and post approved literacy assessments on the office of the superintendent of public instruction's web site for school districts to use.

(3) The superintendent of public instruction must consult with the English language arts panel of experts established in RCW 28A.655.235 and literacy assessment experts in selecting the assessments in accordance with subsections (1) and (2) of this section and provide the opportunity for public feedback on proposed assessments before approval.

(6) The superintendent of public instruction must provide guidance on how student performance levels on the approved diagnostic literacy assessments and different sections of those assessments correlate with grade level performance. The superintendent of public instruction's guidance must include when performance indicates the student has significant literacy challenges on a level commensurate with the lowest level on the statewide student assessment in English language arts, below basic, or is likely to score at this level on the third grade statewide student assessment in English language arts.

The superintendent of public instruction must align the categories of interventions in Washington's education data system maintained by the superintendent with the evidence-based practices and strategies in the state menus developed in accordance with RCW 28A.165.035 and 28A.655.235. The superintendent of public instruction must collect and report data on all allowed evidence-based practices and strategies on the state menus. The purpose of the superintendent of public instruction's alignment is to determine the impacts on student learning of the evidence-based practices and strategies in the state menus.

(1))) the annual use of literacy screening assessments ((and other tools to identify at-risk readers)) for all students in kindergarten through fourth grade((, such as)) to determine their literacy achievement levels and to identify students who should be given a diagnostic literacy assessment because they may have a significant literacy challenge. The literacy screening assessments must be those approved by the superintendent of public instruction in accordance with section 5 of this act.

(3) For any student identified as potentially having a significant literacy challenge on a literacy screening assessment required under subsection (1) of this section, the school district must use a diagnostic literacy assessment from the approved list of assessments compiled by the superintendent of public instruction in accordance with section 5 of this act to determine whether the student has a significant literacy challenge and the student's specific literacy strengths and challenges. School districts may also use other evaluative methods to determine the student's specific literacy strengths and challenges, including but not limited to dyslexia.

(1) Each school district shall require that report cards for students in kindergarten through fourth grade include information regarding how the student is progressing on acquiring ((reading)) literacy skills and whether the student is ((at)) on grade level in reading and writing.

(2)(a) Except as provided in (b) of this subsection, if a student is not ((reading at)) on or above grade level((,)) in literacy achievement then the teacher, with the support of other school personnel as appropriate, must explain to the parent or guardian which interventions and strategies will be used to help improve the student's ((reading)) literacy skills and must provide strategies for parents or guardians to assist with improving the student's reading skills at home.

(b) If the student has a significant literacy challenge, this communication must happen through a meeting with the parent or guardian. Schools that have regularly scheduled parent teacher conferences may use those meetings to comply with (a) of this subsection. At the meeting, schools must try to provide translation or interpretation services, if necessary. If no meeting occurs despite efforts, schools must provide the information in writing to the parent or guardian.

(i) Students participating in the transitional bilingual instruction program are exempt from (a) of this subsection, unless the student has participated in the transitional bilingual instruction program for three school years and receives a score of below basic on the third grade statewide student assessment in English language arts.

(ii) Students with disabilities whose individualized education program includes specially designed instruction in literacy or English language arts are exempt from (a) of this subsection. Communication and consultation with parents or guardians of such students shall occur through the individualized education program process required under chapter 28A.155 RCW.

(3)(a) Each school shall report to the school district the number of students in grades kindergarten through four who are ((reading)) performing below grade level in literacy achievement, including how many have a significant literacy challenge, and the interventions that are being provided to improve the ((reading)) literacy skills of the students((, with the)). This information must be disaggregated by subgroups of students.

(1) High-quality professional development is essential for educators to keep abreast of the important advances in research that are occurring regarding instructional strategies and curriculum. Professional development in early literacy is especially important to support the instruction of young readers since reading proficiency is a crucial element for student academic success.

(2) Subject to funds appropriated for this specific purpose, the office of the superintendent of public instruction shall create partnerships with the educational service districts and public or private institutions of higher education with approved educator preparation programs to develop and deliver ((research)) evidence-based professional development learning opportunities in ((reading)) literacy instruction ((and early literacy)) for teachers of kindergarten through fourth grade students, with an emphasis on coaching classroom teachers in tier one supports, as defined in section 1 of this act.

(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.655.060 becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years, student performance relative to the goals and the percentage of students performing at each level of the assessment, a comparison of student performance at each level of the assessment to the previous year's performance, and information regarding school-level plans to achieve the goals.

(2)(a) The annual performance report shall include, but not be limited to: (((a))) (i) A brief statement of the mission of the school and the school district; (((b))) (ii) enrollment statistics including student demographics; (((c))) (iii) expenditures per pupil for the school year; (((d))) (iv) a summary of student scores on all mandated tests; (((e))) (v) a concise annual budget report; (((f))) (vi) student attendance, graduation, and dropout rates; (((g))) (vii) information regarding the use and condition of the school building or buildings; (((h))) (viii) a brief description of the learning improvement plans for the school; (((i))) (ix) a summary of the feedback from parents and community members obtained under RCW 28A.655.115; and (((j))) (x) an invitation to all parents and citizens to participate in school activities.

(b) Beginning with the 2018-19 school year, school districts must include in the annual performance report the number of students in grades kindergarten through four who have a significant literacy challenge and the number who are below grade level in literacy achievement at the school, district, and state level, disaggregated by subgroups of students.

(3)(a) The superintendent of public instruction shall develop by June 30, 1994, and update periodically, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section. In order to make school performance reports broadly accessible to the public, the superintendent of public instruction, to the extent feasible, shall make information on each school's report available on or through the superintendent's internet web site.

(b) In time for school districts to report the information required in subsection (2)(b) of this section for the 2018-19 school year, the superintendent of public instruction shall update the model report form to enable school districts to include the number of students in grades kindergarten through four who have a significant literacy challenge and the number who are below grade level in literacy achievement at the school, district, and state level, disaggregated by subgroups of students.

(1)(a) Beginning in the 2015-16 school year, except as otherwise provided in this ((subsection (1))) section, for any student who received a score of basic or below basic on the third grade statewide student assessment in English language arts in the previous school year, the school district must implement an intensive ((reading and)) literacy improvement strategy from ((a)) the state menu of ((best)) evidence-based practices established in accordance with subsection (((3))) (4) of this section or an alternative strategy in accordance with subsection (((4))) (5) of this section.

(b) Beginning in the 2019-20 school year, except as otherwise provided in this section, for any student in grades kindergarten through third who is identified as having a significant literacy challenge on the diagnostic literacy assessments required in section 2 of this act, the school district must implement an intensive literacy improvement strategy supporting the student from the state menu of evidence-based practices established in accordance with subsection (4) of this section or an alternative strategy in accordance with subsection (5) of this section.

(2)(a) Also beginning in the 2015-16 school year, in any school where more than forty percent of the tested students received a score of basic or below basic on the third grade statewide student assessment in English language arts in the previous school year, as calculated under this subsection (2), the school district must implement an intensive ((reading and)) literacy improvement strategy from a state menu of ((best)) evidence-based practices established in accordance with subsection (((3))) (4) of this section or an alternative strategy in accordance with subsection (((4))) (5) of this section for all students in grades kindergarten through four at the school.

(b) Also beginning in the 2019-20 school year, in any school where more than twenty percent of students, as calculated under this subsection (2), in grades kindergarten through third are identified as having a significant literacy challenge through the assessments required in RCW 28A.320.202, the school district must implement an intensive literacy improvement strategy from the state menu of evidence-based practices established in accordance with subsection (4) of this section or an alternative strategy in accordance with subsection (5) of this section for all students in grades kindergarten through third at the school for the rest of the school year and the following school year.

(c) For the purposes of this subsection (2), the office of the superintendent of public instruction shall exclude the following from the calculation of a school's percentage of tested students receiving a score of basic or below basic on the third grade statewide student assessment:

(3)(a) Any school identified as needing to implement a school-wide intensive literacy improvement strategy under subsection (2) of this section must submit to the superintendent of public instruction a school level literacy improvement plan that incorporates the latest assessment results and targets early literacy development through evidence-based assessments, instruction, and supports that are age, developmentally, and culturally appropriate and are aligned with state standards. These supports must include literacy coaching and other professional development for teachers.

(c) The literacy improvement plan must include provisions on how the school will differentiate tier one, tier two, and tier three supports to address the various reasons students are not reading or writing at grade level. The differentiated tiers must be high quality, evidence-based supports and instruction with embedded, periodic, formative assessments.

(d) The literacy improvement plan must be developed in consultation with the school's literacy coach, literacy specialist, librarian, and classroom teachers. The plan must be shared with all school staff and the implementation progress reviewed regularly with relevant staff.

(4)(a) The office of the superintendent of public instruction shall convene a panel of experts((, including the Washington state institute for public policy,)) to develop a state menu of ((best)) evidence-based practices and strategies for intensive ((reading and)) literacy improvement designed to assist struggling students in reaching grade level in ((reading)) literacy by the end of fourth grade. The state menu must also be used to advise the superintendent on the selection of approved assessments in accordance with section 5 of this act.

(b) The panel of experts must include a representative from the Washington state institute for public policy, a literacy specialist, literacy coach, an active researcher in early literacy education, an active researcher in early childhood education, a current administrator with authority over kindergarten to fourth grade classrooms, and a current kindergarten to fourth grade certificated classroom teacher.

(c) The state menu must also include ((best)) evidence-based practices and strategies to improve the ((reading and)) literacy of students who are English language learners and for system improvements that schools and school districts can implement to improve ((reading)) literacy instruction for all students.

(d) Following RCW 28A.165.035, the state menus developed under this subsection (4) must be organized by strong, moderate, and promising evidence and must provide research-informed guidance on whether the practices and strategies are most effective as one or more of tier one, tier two, or tier three supports in a multitiered system of supports. The superintendent should also provide guidance in the state menu on key lessons derived from research that distinguish between effective and ineffective implementation of the approved practices and rubrics for schools to use to assess the quality of practices.

(e) The office of the superintendent of public instruction shall publish the state menu by July 1, 2014, and update the state menu by each July 1st thereafter. The superintendent of public instruction must provide the opportunity for public comment on any proposed state menu prior to the annual update of a state menu.

(((4))) (5) School districts may use an alternative practice or strategy that is not on a state menu developed under subsection (((3))) (4) 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 must 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 an increase in improved outcomes for participating students.


State of Washington	65th Legislature	2018 Regular Session