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NEW SECTION. Sec. 7. A new section is added to chapter
28A.415 RCW to read as follows:
School districts and educational service districts must embed in any professional development provided to general education teachers the best practices for differentiating instruction and learning activities to meet each student's individual needs.
NEW SECTION. Sec. 8. A new section is added to chapter
43.06B RCW to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, and as described in this section, the office of the education ombuds shall serve as the lead agency to provide information and training to students, families, educational service district and school district staff, and communities regarding the special education services and disability accommodations processes under the federal individuals with disabilities education act, section 504 of the federal rehabilitation act of 1973, and the federal Americans with disabilities act.
(2)(a) The office of the education ombuds must develop a multicourse training program for students with disabilities, families of students with disabilities, educational service district and school district staff, and community and educational organizations supporting students with disabilities.
(b) The training program must address the components of: A free and appropriate public education, family-school relationships, navigation of the special education services and disability accommodations processes, advocacy by families of students with disabilities, self-advocacy for students with disabilities, and communication strategies and conflict resolution between families and educators.
(c) The training program must be developed, and revised annually, in consultation with students with disabilities and their families, and at least one representative each from: An educational service district or school district, a community-based organization that advocates for students with disabilities, a state organization that represents parents and teachers, and the office of the superintendent of public instruction.
(d) The office of the education ombuds must develop publications, online training, videos, and other resources to supplement the training program.
(3)(a) For the purpose of delivering the training program to students, families, educational service district and school district staff, and communities across the state, the office of the education ombuds must distribute special education outreach ombuds statewide, with the goal of at least one special education outreach ombud located within the boundaries of each educational service district.
(b) The office of the education ombuds, and its special education outreach ombuds, may deliver the training program in partnership with other entities, such as Washington professional educator standards board-approved teacher preparation programs, educational service districts, school districts, and community and educator organizations that provide professional development or that support students with disabilities.
(4) The office of the education ombuds must make the training program available to other ombuds offices within Washington, as well as nationally.
(5) The office of the education ombuds may charge for the delivery of the training program, or the use of resources, developed under this section.
NEW SECTION. Sec. 9. A new section is added to chapter
43.06B RCW to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, in addition to the duties under RCW
43.06B.020, the office of the education ombuds must provide special education advocacy services when requested by a child with a disability or a member of the child's family.
(2) In providing special education advocacy services, the office of the education ombuds must:
(a) Serve as a resource for the child with a disability who is eligible for special education due to the disability and the child's parents and family;
(b) Advocate on behalf of the child for a free and appropriate public education from the public school system that emphasizes special education and related services that are:
(i) Provided in the least restrictive environment;
(ii) Designed to meet the child's unique needs;
(iii) Appropriately ambitious and reasonably calculated to enable the child to make progress in light of the child's circumstances; and
(iv) Addressing the child's further education, employment, and independent living goals; and
(c) Assist parents with any one or more of the following:
(i) Preparing for a meeting to develop or update their child's individualized education program;
(ii) Attending the individualized education program meetings to help present the parents' concerns, negotiate components that meet the parents' goals and requests, or otherwise assist with, the understanding and navigation of the process;
(iii) Attending an individualized education program meeting on behalf of the child to assist in writing an appropriate program when a parent opts out or otherwise cannot attend the meeting.
NEW SECTION. Sec. 10. A new section is added to chapter
28A.320 RCW to read as follows:
(1) Each school district shall convene an ongoing special education advisory committee. The purposes of the committee are to:
(a) Increase parental and family involvement by providing a forum for parents, families, and the community to ask questions, propose solutions, and otherwise give feedback on the special education program in their schools; and
(b) Be a partner with the school district in its efforts to provide effective special education programming for eligible students with disabilities.
(2) The committee shall advise the school board through the school district superintendent.
(3) The school district board of directors shall appoint committee members as provided in this subsection. At a minimum, a majority of the committee members must be parents of children with disabilities or individuals with disabilities. The committee must also include one teacher member. Additional school or school district personnel shall serve only as consultants to the committee.
(4) The committee has the following duties:
(a) Advise the school district of needs in the education of children with disabilities;
(b) Participate in the development of priorities and strategies for meeting the identified needs of children with disabilities;
(c) Facilitate partnerships with community employers to provide appropriate transition services;
(d) Facilitate trainings by experienced outside consultants not employed by the school district, at least two times per school year, to families of children with disabilities to teach families how to advocate for their child and to teach students with disabilities how to self-advocate;
(e) Submit periodic reports and recommendations to the school district superintendent for transmission to the school district board of directors regarding the education of children with disabilities;
(f) Assist the school district in interpreting plans to the community for meeting the special needs of children with disabilities for educational and transition services; and
(g) Review the school district proposed policies and procedures for the provision of special education and related services prior to submission to the school district board of directors.
(5) Committee meetings must be held at least four times in a school year and must be open to the public.
(6) The school district must post on its web site: The names of the committee members; the committee meeting schedule and agendas; and information on the process for interested parties to express their views to the committee.
Sec. 11. RCW
28A.657.110 and 2013 c 159 s 12 are each amended to read as follows:
(1) By November 1, 2013, the state board of education shall propose rules for adoption establishing an accountability framework that creates a unified system of support for challenged schools that aligns with basic education, increases the level of support based upon the magnitude of need, and uses data for decisions. The board must seek input from the public and interested groups in developing the framework. Based on the framework, the superintendent of public instruction shall design a comprehensive system of specific strategies for recognition, provision of differentiated support and targeted assistance, and, if necessary, requiring intervention in schools and school districts. The superintendent shall submit the system design to the state board of education for review. The state board of education shall recommend approval or modification of the system design to the superintendent no later than January 1, 2014, and the system must be implemented statewide no later than the 2014-15 school year. To the extent state funds are appropriated for this purpose, the system must apply equally to Title I, Title I-eligible, and non-Title I schools in the state.
(2) The state board of education shall develop a Washington achievement index to identify schools and school districts for recognition, for continuous improvement, and for additional state support. The index shall be based on criteria that are fair, consistent, and transparent. Performance shall be measured using multiple outcomes and indicators including, but not limited to, graduation rates and results from statewide assessments. The index shall be developed in such a way as to be easily understood by both employees within the schools and school districts, as well as parents and community members. It is the legislature's intent that the index provide feedback to schools and school districts to self-assess their progress, and enable the identification of schools with exemplary performance and those that need assistance to overcome challenges in order to achieve exemplary performance.
(3) The state board of education, in cooperation with the office of the superintendent of public instruction, shall annually recognize schools for exemplary performance as measured on the Washington achievement index. The state board of education shall have ongoing collaboration with the educational opportunity gap oversight and accountability committee regarding the measures used to measure the closing of the achievement gaps and the recognition provided to the school districts for closing the achievement gaps. Schools with exemplary performance in serving students receiving special education services must be recognized.
(4) In coordination with the superintendent of public instruction, the state board of education shall seek approval from the United States department of education for use of the Washington achievement index and the state system of differentiated support, assistance, and intervention to replace the federal accountability system under P.L. 107-110, the no child left behind act of 2001.
(5) The state board of education shall work with the education data center established within the office of financial management and the technical working group established in RCW
28A.290.020 to determine the feasibility of using the prototypical funding allocation model as not only a tool for allocating resources to schools and school districts but also as a tool for schools and school districts to report to the state legislature and the state board of education on how the state resources received are being used.
Sec. 12. RCW
28A.155.220 and 2015 c 217 s 2 are each amended to read as follows:
(1) The office of the superintendent of public instruction must establish interagency agreements with the department of social and health services, the department of services for the blind, and any other state agency that provides high school transition services for special education students. Such interagency agreements shall not interfere with existing individualized education programs, nor override any individualized education program team's decision-making power. The purpose of the interagency agreements is to foster effective collaboration among the multiple agencies providing transition services for individualized education program-eligible special education students from the beginning of transition planning, as soon as educationally and developmentally appropriate, through age twenty-one, or through high school graduation, whichever occurs first. Interagency agreements are also intended to streamline services and programs, promote efficiencies, and establish a uniform focus on improved outcomes related to self-sufficiency.
(2)(a) When educationally and developmentally appropriate, the interagency responsibilities and linkages with transition services under subsection (1) of this section must be addressed in a transition plan to a postsecondary setting in the individualized education program of a student with disabilities.
(b) Transition planning shall be based upon educationally and developmentally appropriate transition assessments that outline the student's individual needs, strengths, preferences, and interests. Transition assessments may include observations, interviews, inventories, situational assessments, formal and informal assessments, as well as academic assessments.
(c) The transition services that the transition plan must address include activities needed to assist the student in reaching postsecondary goals and courses of study to support postsecondary goals.
(d) Transition activities that the transition plan may address include instruction, related services, community experience, employment and other adult living objectives, daily living skills, and functional vocational evaluation.
(e) Beginning when a student reaches the age of sixteen and continuing until the student reaches the age of twenty-one, or through high school graduation, whichever occurs first, a representative from the division of vocational rehabilitation in the department of social and health services must attend individualized education program meetings to assist students with transition planning when requested by a member of a student's individualized education program team.
(f) When educationally and developmentally appropriate, a discussion must take place with the student and parents, and others as needed, to determine the postsecondary goals or postschool vision for the student. This discussion may be included as part of an annual individualized education program review, high school and beyond plan meeting, or any other meeting that includes parents, students, and educators. The postsecondary goals included in the transition plan shall be goals that are measurable and must be based on appropriate transition assessments related to training, education, employment, and independent living skills, when necessary. The goals must also be based on the student's needs, while considering the strengths, preferences, and interests of the student.
During this discussion, students and parents must be provided with information about the Washington achieving a better life experience program, defined in RCW 43.330.460, including information on eligibility, benefits, and Washington achieving a better life experience program account creation. (((f)))(g) As the student gets older, changes in the transition plan may be noted in the annual update of the student's individualized education program.
(((g)))(h) A student with disabilities who has a high school and beyond plan may use the plan to comply with the transition plan required under this subsection (2).
(3) To the extent that data is available through data-sharing agreements established by the education data center under RCW
43.41.400, the education data center must monitor the following outcomes for individualized education program-eligible special education students after high school graduation:
(a) The number of students who, within one year of high school graduation:
(i) Enter integrated employment paid at the greater of minimum wage or competitive wage for the type of employment, with access to related employment and health benefits; or
(ii) Enter a postsecondary education or training program focused on leading to integrated employment;
(b) The wages and number of hours worked per pay period;
(c) The impact of employment on any state and federal benefits for individuals with disabilities;
(d) Indicators of the types of settings in which students who previously received transition services primarily reside;
(e) Indicators of improved economic status and self-sufficiency;
(f) Data on those students for whom a postsecondary or integrated employment outcome does not occur within one year of high school graduation, including:
(i) Information on the reasons that the desired outcome has not occurred;
(ii) The number of months the student has not achieved the desired outcome; and
(iii) The efforts made to ensure the student achieves the desired outcome.
(4) To the extent that the data elements in subsection (3) of this section are available to the education data center through data-sharing agreements, the office of the superintendent of public instruction must prepare an annual report using existing resources and submit the report to the legislature.
NEW SECTION. Sec. 13. A new section is added to chapter
28A.155 RCW to read as follows:
(1) School districts are encouraged to participate in the establishment of, or continuation of existing, cooperative programs between or among school districts, or educational service districts and school districts, to provide special education and related services to eligible students with disabilities.
(2) Prior to the 2020-21 school year and every five years thereafter, each special education cooperative must apply for approval from the office of the superintendent of public instruction.
NEW SECTION. Sec. 14. (1) The office of the superintendent of public instruction must contract with the William D. Ruckelshaus center or another neutral party to convene an advisory group to design a coordinated and responsive system for meeting the diverse needs of students with disabilities.
(2) The advisory group must:
(a) Review state and federal laws and state policies related to special education, including those related to least restrictive environment;
(b) Review research on the following topics:
(i) Improving achievement and postsecondary outcomes for students with disabilities;
(ii) Creating an inclusive educational environment;
(iii) Best practices to provide a continuum of services for students receiving special education services;
(iv) Effective implementation at the school district office, through the building principal, and using teacher teams;
(v) Best practices to train teachers and paraeducators on the use of inclusive educational practices; and
(vi) The costs of implementing and maintaining an inclusive education model compared to the current model;
(c) Establish a common language, including use of the following terms:
(i) Continuum of services;
(ii) Coteaching;
(iii) Strategic intervention;
(iv) General education provision of specially designed instruction; and
(v) Adult support models and plans;
(d) Review, discuss, and plan for the realities of implementing inclusive education practices;
(e) Develop an inclusive education implementation plan template to be used by local education agencies interested in applying for designation as a special education demonstration project under section 15 of this act. The template must include components of the application described in section 15(2) of this act and must specify that the inclusive education implementation plan must:
(i) Only be implemented in schools where the principal is in full support of inclusive education practices;
(ii) Create a building coalition to support implementation;
(iii) Provide staff with support and training;
(iv) Celebrate student and staff achievement; and
(v) Provide staff release time for planning and collaboration;
(f) Develop an inclusive education guidance document for local education agencies based on best practices learned from the special education demonstration projects designated under section 15 of this act;
(g) Recommend a technical assistance structure and a professional learning structure to support local education agencies in improving instructional practices and systems of meeting the diverse needs of students with disabilities; and
(h) Review the feedback from educators, students, and families gathered by the special education demonstration projects designated under section 15 of this act.
(3) The parties invited to participate in the advisory group must include:
(a) One representative each of the following groups at the office of the superintendent of public instruction:
(i) The special education department;
(ii) The learning and teaching department;
(iii) The bilingual education advisory committee;
(iv) The center for the improvement of student learning, established under RCW
28A.300.130; and
(v) The special education advisory council;
(b) A representative of the University of Washington's disabilities, opportunities, internetworking, and technology center;
(c) A representative of Central Washington University's special education technology center;
(d) A representative of the Washington professional educator standards board;
(e) A general education teacher and a special education teacher, both nominated by an association of educators;
(f) Three parents of students receiving special education services;
(g) Three individuals who represent organizations advocating for equity, access, and improving outcomes for students with disabilities, with one individual representing each of the following disability perspectives: Intellectual or developmental, mental health or physical health, and learning disability. The selected individuals must be either an individual with a disability or a parent of a student receiving, or who has received, special education services. At least one of the selected individuals must be familiar with research on inclusive education or improving outcomes for students with disabilities;
(h) A representative of the office of the education ombuds; and
(i) One or two representatives each from the special education demonstration projects designated under section 15 of this act.
(4) The members of the advisory group must select cochairs. One cochair must be an individual with a disability or a parent of a student receiving, or who has received, special education services and the other cochair must be an educator.
(5) By November 1, 2019, and by November 1st each year thereafter, and in compliance with RCW
43.01.036, the advisory group must coordinate with the office of the superintendent of public instruction to submit a report to the appropriate committees of the legislature. The report must summarize the advisory group's activities over the prior year and the progress of the special education demonstration projects designated under section 15 of this act. The report must also recommend any changes to state laws or policies necessary to support the improvement of instructional practices and systems to meet the diverse needs of students with disabilities, such as changes related to inclusive education practices, regional and school-level coordination, educator release time, school climate and culture, professional learning, use of multitiered systems of support, and blending resource streams.
(6) The advisory group must meet at least quarterly.
(7) This section expires August 1, 2023.
NEW SECTION. Sec. 15. (1) By September 1, 2019, the office of the superintendent of public instruction must develop, and broadly publicize, a process for local education agencies to apply to have one or more schools designated as a special education demonstration project.
(2) Local education agencies interested in having one or more schools designated as a special education demonstration project must submit an application to the office of the superintendent of public instruction by January 6, 2020. The application must be developed in collaboration with educators, parents of students with disabilities, and community partners. The local education agency must use the inclusive education implementation plan template developed by the advisory group described in section 14 of this act to:
(a) Define the scope of the special education demonstration project and describe why designation would support the school's ability to improve its instructional practices and systems to meet the diverse needs of students with disabilities;
(b) Enumerate specific, research-based, inclusive education practices to be carried out under the designation;
(c) Justify each request for waiver of state statutes or administrative rules as provided under section 16 of this act;
(d) Justify any requests for waiver of state statutes or administrative rules that are in addition to the waivers authorized under section 16 of this act that are necessary to carry out the proposal;
(e) Identify additional training and supports that will be provided to staff at the local education agency;
(f) Include a written statement that the governing board and administrators are willing to exempt the local education agency from specifically identified local rules, as needed;
(g) Include a written statement that the governing board and local bargaining agents will modify those portions of their local agreements as applicable for the local education agency; and
(h) Include written statements of support from the governing board and administrators, the principal and staff, each local employee association affected by the special education demonstration project proposal, and the local parent organization.
(3)(a) The office of the superintendent of public instruction, in collaboration with its special education advisory council, must develop criteria for reviewing the applications and for evaluating the need for waivers of state statutes and administrative rules as provided under section 16 of this act.
(b) The office of the superintendent of public instruction must review the applications and select up to five local education agencies to designate as special education demonstration projects. The selected local education agencies must be diverse in geography and size. One of the selected local education agencies must have a school or program that removes students receiving special education services from the regular class for eighty percent or more of the school day.
(c) The office of the superintendent of public instruction must notify the applicants of its selection by February 21, 2020.
(4) The designation of the selected schools as special education demonstration projects begins in the 2020-21 school year and lasts for two school years.
(5) The schools selected as special education demonstration projects must:
(a) Execute the inclusive education implementation plan approved by the office of the superintendent of public instruction;
(b) Form collaborative learning teams of teachers with similar grade levels and content areas to help implement the special education demonstration project at the classroom level;
(c) Form an advisory committee to oversee the demonstration project, where the committee includes administrators, educators, parents of students with disabilities, and community partners;
(d) Gather feedback from educators, students, and families on the progress of the special education demonstration project toward meeting the diverse needs of students with disabilities;
(e) Participate in the advisory group created under section 14 of this act; and
(f) Report quarterly to the advisory group created under section 14 of this act and the office of the superintendent of public instruction on the activities and progress of the special education demonstration project in the prior year.
(6) This section expires August 1, 2023.
NEW SECTION. Sec. 16. (1)(a) The superintendent of public instruction and the state board of education, each within the scope of their statutory authority, may grant waivers of state statutes and administrative rules for special education demonstration projects designated under section 15 of this act, as follows:
(i) Waivers may be granted to permit the commingling of funds appropriated by the legislature on a categorical basis for such programs as special education, highly capable students, transitional bilingual instruction, and learning assistance; and
(ii) Waivers may be granted of other administrative rules that in the opinion of the superintendent of public instruction or the state board of education are necessary to be waived in order to implement the special education demonstration projects.
(b) Laws and rules related to the following topics may not be waived: Public health, safety, and civil rights, including protections for individuals with disabilities.
(2) At the request of a local education agency, the superintendent of public instruction may petition the United States department of education or other federal agencies to waive federal regulations necessary to implement the special education demonstration projects designated under section 15 of this act.
(3) Waivers may be granted under this section for a period not to exceed the duration of the special education demonstration projects designated under section 15 of this act.
(4) The superintendent of public instruction and the state board of education must provide an expedited review of requests for waivers for special education demonstration projects designated under section 15 of this act. Requests may be denied if the superintendent of public instruction or the state board of education conclude that the waiver:
(a) Is likely to result in a decrease in academic achievement;
(b) Would jeopardize the receipt of state or federal funds that a local education agency would otherwise be eligible to receive, unless the local education agency submits a written authorization for the waiver acknowledging that receipt of these funds may be jeopardized; or
(c) Would violate state or federal laws or rules that are not authorized to be waived.
(5) This section expires August 1, 2023.
NEW SECTION. Sec. 17. Sections 14 through 16 of this act are each added to chapter 28A.630 RCW. NEW SECTION. Sec. 18. A new section is added to chapter
28A.155 RCW to read as follows:
The office of the superintendent of public instruction must establish a technical assistance program to provide resources and best practice guidance on inclusive education practices and improving outcomes for students with disabilities. The components of the technical assistance program must be informed by the advisory group created under section 14 of this act.
NEW SECTION. Sec. 19. Section 18 of this act takes effect September 1, 2021.
NEW SECTION. Sec. 20. A new section is added to chapter
28A.300 RCW to read as follows:
(1) The office of the superintendent of public instruction shall identify meaningful indicators of progress toward eliminating the most significant barriers to success, and disparities in outcomes, for students with disabilities or special needs within ten years. The indicators must be quantifiable and based on data that are regularly and reliably collected statewide. For example, the indicators might compare the data for all students to the following data for students with an individualized education program or plan developed under section 504 of the federal rehabilitation act of 1973:
(a) Educational opportunity gaps;
(b) Time spent in a general education classroom;
(c) Discipline rates and rates of restraint or isolation;
(d) Use of medicaid-funded school-based services;
(e) Training and curriculum; and
(f) Postsecondary education and employment outcomes.
(2) Beginning September 1, 2020, and by September 1st every even-numbered year thereafter, and in compliance with RCW
43.01.036, the office of the superintendent of public instruction shall report to the appropriate committees of the legislature on the state's progress toward eliminating the most significant barriers to success, and disparities in outcomes, for students with disabilities or special needs."