AN ACT Relating to the learning assistance program; adding new sections to Title 28A RCW; and repealing RCW 28A.41.400, 28A.41.402, 28A.41.404, 28A.41.406, 28A.41.408, 28A.41.410, and 28A.41.414.

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

NEW SECTION. Sec. 1. The increased diversity of students coupled with academic need among a growing student population displays the need for specialized academic assistance for the students in grades kindergarten through twelve. The learning assistance program is established to provide supplemental, special learning assistance to students who are deficient in the achievement of basic skills. The needs of these students are to be met with special assistance as early as possible in their school careers and shall continue to be provided as long as education deficits remain.

NEW SECTION. Sec. 2. Unless the context clearly indicates otherwise the definitions in this section apply throughout sections 1 through 7 of this act.

(1) "Basic skills" means reading, mathematics, and language arts as well as readiness activities associated with such skills.

(2) "Program of learning assistance" means assistance in the learning of basic skills for eligible students, based upon the completion of a district plan and upon a comprehensive needs assessment conducted for the purposes of identifying eligible students. The district's plan may be developed through the utilization of the self-study program, the school-based management program, the review of student learning objectives, or other planning and evaluation systems in place in the school district. School districts are encouraged to coordinate the activities of the learning assistance program with other programs of student assistance as instructional strategies and services are identified.

(3) "Approved program" mens a program of learning assistance which is designed by a school district and approved by a local board of directors and the superintendent of public instruction.

(4) "Eligible students" means those students who score below grade level in basic skills. However, participating students receiving specialized academic services through any other special assistance program or programs shall not be eligible to participate in the learning assistance program to the extent the other program or programs provide assistance in the same basic skills area or areas.

(5) "Basic skills tests" means tests established pursuant to RCW 28A.03.360.

(6) "Placement testing" means the administration of objective measures by a school district for the purposes of diagnosing the basic skills achievement levels, determining the basic skills areas of greatest need, and establishing the learning assistance needs of individual students in conformance with instructions established by the superintendent of public instruction for such purposes.

NEW SECTION. Sec. 3. (1) The school district shall consult with an advisory committee comprised of at least the following representatives as it develops its annual plan to provide a program of learning assistance: Parents, including parents of students served by the program; teachers; principals; administrators; and school directors.

(2) The following shall be identified in the approved program: (a) The process for determining the basic skills academic needs of students in the district; (b) the greatest basic skills academic needs and the grade levels to be addressed by the learning assistance program; (c) an evaluation component based on performance objectives related to educational achievements that is annually evaluated by the district in a manner consistent with such objectives; (d) supplementary services, of sufficient size, scope, and quality, designed to meet the needs of the participating students to give reasonable promise of substantial progress toward meeting the needs of such students; and (e) record-keeping procedures for identifying student progress and for other such records as may be necessary and provide the superintendent of public instruction access to the records as is necessary to assure compliance with the requirements of the learning assistance programs.

NEW SECTION. Sec. 4. Each school district shall submit an annual learning assistance program application to the office of the superintendent of public instruction for approval. Each school district which has established an approved program shall be eligible, as determined by the superintendent of public instruction, for state funds made available for the purposes of such programs. The number of students eligible to participate in such program in each school district shall be calculated by the superintendent of public instruction through the use of data derived from the basic skills tests administered pursuant to RCW 28A.03.360. In making such calculations, the superintendent of public instruction shall multiply the percentage of students taking the tests which scored in the lowest quartile, as compared to national norms, by the number of students enrolled in the district in grades kindergarten through twelve. In making this calculation the superintendent of public instruction may use an average of the percentages of the students scoring in the lowest quartile over the immediately preceding five or fewer years.

NEW SECTION. Sec. 5. Eligible students in grades kindergarten through twelve who are selected to participate in an approved learning assistance program shall be determined by each school district through the implementation of the findings of the district's needs assessment and student placement measures.

NEW SECTION. Sec. 6. In order to insure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every three years. The results of the evaluations required by section 3 of this act shall be transmitted to the superintendent of public instruction annually. Individual student records shall be maintained at the school district.

NEW SECTION. Sec. 7. The superintendent of public instruction shall promulgate rules pursuant to chapter 34.04 RCW which he or she deems necessary to implement sections 1 through 6 of this act.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 149, Laws of 1979 and RCW 28A.41.400;

(2) Section 2, chapter 149, Laws of 1979 and RCW 28A.41.402;

(3) Section 3, chapter 149, Laws of 1979 and RCW 28A.41.404;

(4) Section 4, chapter 149, Laws of 1979 and RCW 28A.41.406;

(5) Section 5, chapter 149, Laws of 1979 and RCW 28A.41.408;

(6) Section 6, chapter 149, Laws of 1979 and RCW 28A.41.410; and

(7) Section 8, chapter 149, Laws of 1979 and RCW 28A.41.414.

NEW SECTION. Sec. 9. Sections 1 through 7 of this act are each added to Title 28A RCW.