AN ACT Relating to students at risk; amending RCW 28A.120.010, 28A.120.016, 28A.120.020, 28A.120.022, 28A.120.032, 28A.120.034, 28A.41.130, and 28A.02.061; adding a new section to chapter 28A.41 RCW; creating new sections; and providing an expiration date.

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

STUDENTS AT RISK

PART I

LEARNING ASSISTANCE PROGRAM FOR STUDENTS AT RISK OF DROPPING OUT

Sec. 1. Section 1, chapter 478, Laws of 1987 and RCW 28A.120.010 are each amended to read as follows:

The legislature finds that an important and effective means of improving the educational performance of many students with special needs is to improve the general education program. The legislature also finds that there is a continuum of educational program needs among students with learning problems or poor academic performance. The legislature wants to encourage school districts to serve students with special needs within the regular classroom. Therefore, the legislature intends to replace the remediation program with a broader range of program options, without reducing special instructional programs when those services are both necessary and appropriate. The legislature intends to enhance the ability of basic education teachers to identify and address learning problems within the regular classroom. The legislature further intends to stimulate development by local schools and school districts of innovative and effective means of serving students with special needs. The goal is to increase the achievement of students with special needs in a shorter period of time using processes that are more timely, appropriate and effective in producing better outcomes.

Sec. 2. Section 4, chapter 478, Laws of 1987 and RCW 28A.120.016 are each amended to read as follows:

Each school district which applies for state funds distributed pursuant to RCW 28A.120.022 shall conduct a needs assessment and, on the basis of its findings, shall develop a plan for the use of these funds. The plan may incorporate plans developed by each eligible school. Districts are encouraged to place special emphasis on addressing the needs of students in the early grades. The needs assessment and plan shall be updated at least biennially, and shall be determined in consultation with an advisory committee including but not limited to members of the following groups: Parents, including parents of students served by the program; teachers; principals; administrators; and school directors. The district shall submit a biennial application specifying this plan to the office of the superintendent of public instruction for approval. Plans shall include:

(1) The means which the district will use to identify participating students to receive additional services or support under the proposed program;

(2) The specific services or activities which the funds will be used to support, and their estimated costs;

(3) A plan for annual evaluation of the program by the district, based on performance objectives related to basic skills achievement of participating students, and a plan for reporting the results of this evaluation to the superintendent of public instruction;

(4) Procedures for recordkeeping or other program documentation as may be required by the superintendent of public instruction; and

(5) The approval of the local school district board of directors.

Sec. 3. Section 6, chapter 478, Laws of 1987 and RCW 28A.120.020 are each amended to read as follows:

Services or activities which may be supported under an approved program of learning assistance shall include but not be limited to:

(1) Consultant teachers to assist classroom teachers in meeting the needs of participating students;

(2) Instructional ((~~support staff~~)) assistants to assist classroom teachers in meeting the needs of participating students;

(3) In-service training for classroom teachers and instructional assistants in multicultural differences and the identification of learning problems or in instructional methods for teaching students with learning problems;

(4) Special instructional programs for participating students, of sufficient size, scope, and quality to address the needs of these students and to give reasonable promise of substantial progress towards meeting their educational objectives;

(5) Tutoring assistance during or after school or on Saturday provided by a student tutor, teacher, or instructional assistant; and

(6) In-service training for parents of participating students.

(7) Counseling for elementary students who are in need of learning assistance or who in the absence of counseling are likely to become in need of such learning assistance.

Sec. 4. Section 7, chapter 478, Laws of 1987 and RCW 28A.120.022 are each amended to read as follows:

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 superintendent of public instruction shall make use of data derived from the basic skills tests in determining the amount of funds for which a district may be eligible. Funds shall be distributed according to the district's total full-time equivalent enrollment in kindergarten through grade nine and the percentage of the district's students taking the basic skills tests who scored in the lowest quartile as compared with national norms. In making this calculation, the superintendent of public instruction may use an average over the immediately preceding five or fewer years of the district's percentage scoring in the lowest quartile. The superintendent of public instruction shall also deduct the number of students at these age levels who are identified as specific learning disabled and are generating state funds for special education programs conducted pursuant to chapter 28A.13 RCW, in distributing state funds for learning assistance. In those districts receiving learning assistance funds in which students' test scores improve, districts may retain learning assistance funds based on state-wide average of eligible students, or their present level, whichever is higher. This allocation method will be reviewed by the superintendent of public instruction for recommendations to the legislature by January 1, 1995. The distribution formula in this section is for allocation purposes only.

PART II

SUBSTANCE ABUSE AWARENESS

Sec. 5. Section 206, chapter 518, Laws of 1987 and RCW 28A.120.032 are each amended to read as follows:

The superintendent of public instruction shall adopt rules to implement this section and RCW 28A.120.034 through 28A.120.050 and shall distribute moneys appropriated for the purposes of RCW 28A.120.034 through 28A.120.050 to school districts on a grant basis((~~, from moneys appropriated for the purposes of this section and RCW 28A.120.034 through 28A.120.050, funds~~)) or in accordance with a state funding formula, as determined by the legislature in the appropriations act or other legislation providing an appropriation, for the development and implementation of educational and disciplinary policies leading to the implementation of prevention, intervention, and aftercare activities regarding the use and abuse of drugs and alcohol. The following program areas may be funded through moneys made available for this section and RCW 28A.120.034 through 28A.120.050, including but not limited to:

(1) Comprehensive program development;

(2) Prevention programs;

(3) Elementary identification and intervention programs including counseling programs;

(4) Secondary identification and intervention programs;

(5) School drug and alcohol core team development and training;

(6) Development of referral and preassessment procedures;

(7) Aftercare;

(8) Drug and alcohol specialist;

(9) Staff, parent, student, and community training; and

(10) Coordination with law enforcement, community service providers, other school districts, educational service districts, and drug and alcohol treatment facilities.

Sec. 6. Section 207, chapter 518, Laws of 1987 and RCW 28A.120.034 are each amended to read as follows:

(1) School districts interested in implementing a substance abuse awareness program shall have on file an application for state or federal funds with the superintendent of public instruction. The application shall include the following:

(a) A letter of commitment from the board of directors to adopt a comprehensive written policy on drugs and alcohol, and a proposed substance ((~~awareness~~)) abuse awareness program and implementation plan, within six months of receipt of state funding. The ((~~comprehensive policy and program~~)) program's implementation plan shall address the issues of prevention, intervention, aftercare, and disciplinary policies, and shall emphasize cooperation and coordination of services among public and private agencies, including law enforcement agencies. If the district's board of directors has already adopted a comprehensive policy and plan, the district shall submit a copy of the comprehensive policy and plan;

(b) A letter of commitment from the board of directors to appoint a school and community substance abuse advisory committee if such a committee has not been established. The advisory committee shall include representatives of at least the following: The school district instructional staff, students, parents, state and local government law enforcement personnel, and the county coordinator of alcohol and drug treatment, or his or her designee, or a representative of other treatment service providers. If the district has already established an advisory committee but its membership does not include members representing any of the groups identified in this subsection, the board of directors shall appoint an additional member or members, if necessary, accordingly. The advisory committee shall work to help coordinate school district programs and services with programs and services available within the community and thereby contribute toward the development of a continuum of prevention, intervention, and after care services within the total community and to avoid the duplication of services; and

(c) A copy of the district's assessment of the scope of the problem of drug and alcohol abuse within the district, as such use and abuse by individuals affects the learning environment in each school.

(2) The district shall demonstrate its plan to provide local matching funds of an amount equal to at least twenty percent of the state funds that the district is eligible to receive. Matching funds may be funds received from federal programs, other funds available to the district, or in-kind contributions: PROVIDED, That in-kind contributions shall be not more than one-half of the minimum matching funds required.

(3) The district shall provide an outline of procedures for evaluating the effectiveness of the district's substance abuse awareness program.

(4) Joint applications and programs may be undertaken by school districts. Districts which elect to participate in a joint program may file a joint application and establish a joint school and community substance abuse advisory committee.

PART III

HIGH SCHOOL DROP-OUT RATE REDUCTION

NEW SECTION. Sec. 7. The legislature finds that high schools designed to meet the diverse needs of students can be an important factor in decreasing the drop-out rate. The development of alternative high schools, schools-within-schools, and subject-matter-related schools is encouraged. High schools are also encouraged to design programs that demonstrate flexibility in daily, weekly, monthly, and yearly schedules. High schools are also encouraged to use research that has been proven effective and has produced significant outcomes in working with potential dropouts and dropouts.

NEW SECTION. Sec. 8. A student tutor corps may be established, as funded by appropriation, to work with students at risk of dropping out of school. Student tutors may be high school or college students and may receive an hourly stipend. The selection of ethnic and racial minority students as student tutors is encouraged.

NEW SECTION. Sec. 9. Any student who has dropped out of high school for six weeks or longer, has returned from participation in a drug or alcohol abuse treatment program, is about to become or is a teen parent, or has returned from hospitalization due to a mental health problem may choose to attend any other high school in the state regardless of residence. Students may attend a nonresident school only if they are accepted by the school. Schools may not charge nonresident students tuition. Schools are encouraged to accept students who choose to transfer if they meet these conditions. Basic education funding allocations from the state shall follow the students.

PART IV

FLEXIBLE SCHEDULING

NEW SECTION. Sec. 10. A new section is added to chapter 28A.41 RCW to read as follows:

The superintendent of public instruction shall establish procedures to allow schools to claim basic education allocation funds for students attending classes that are provided outside the calendar school year to the extent such attendance is in lieu of attendance during the regular school year.

Sec. 11. Section 2, chapter 46, Laws of 1973 as last amended by section 201, chapter 2, Laws of 1987 1st ex. sess. and RCW 28A.41.130 are each amended to read as follows:

From those funds made available by the legislature for the current use of the common schools, the superintendent of public instruction shall distribute annually as provided in RCW 28A.48.010 to each school district of the state operating a program approved by the state board of education an amount which, when combined with an appropriate portion of such locally available revenues, other than receipts from federal forest revenues distributed to school districts pursuant to RCW 28A.02.300 and 28A.02.310, as the superintendent of public instruction may deem appropriate for consideration in computing state equalization support, excluding excess property tax levies, will constitute a basic education allocation in dollars for each annual average full time equivalent student enrolled, based upon one full school year of one hundred eighty days except as provided in section 10 of this act when other attendance is in lieu of attendance during the regular school year, except that for kindergartens one full school year shall be one hundred eighty half days of instruction, or the equivalent as provided in RCW 28A.58.754, as now or hereafter amended.

Basic education shall be considered to be fully funded by those amounts of dollars appropriated by the legislature pursuant to RCW 28A.41.130 and 28A.41.140 to fund those program requirements identified in RCW 28A.58.754 in accordance with the formula and ratios provided in RCW 28A.41.140 and those amounts of dollars appropriated by the legislature to fund the salary requirements of RCW 28A.41.110 and 28A.41.112.

Operation of a program approved by the state board of education, for the purposes of this section, shall include a finding that the ratio of students per classroom teacher in grades kindergarten through three is not greater than the ratio of students per classroom teacher in grades four and above for such district: PROVIDED, That for the purposes of this section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate, but not necessarily employed as a certificated employee, whose primary duty is the daily educational instruction of students: PROVIDED FURTHER, That the state board of education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section, and such rules and regulations shall allow for exemptions for those special programs and/or school districts which may be deemed unable to practicably meet the student/teacher ratio requirements of this section by virtue of a small number of students.

If a school district's basic education program fails to meet the basic education requirements enumerated in RCW 28A.41.130, 28A.41.140 and 28A.58.754, the state board of education shall require the superintendent of public instruction to withhold state funds in whole or in part for the basic education allocation until program compliance is assured: PROVIDED, That the state board of education may waive this requirement in the event of substantial lack of classroom space.

Sec. 12. Section 13, chapter 283, Laws of 1969 ex. sess. as last amended by section 2, chapter 189, Laws of 1985 and RCW 28A.02.061 are each amended to read as follows:

The following are school holidays, and school shall not be taught on these days except as provided in section 10 of this act: Saturday; Sunday; the first day of January, commonly called New Year's Day; the third Monday of January, being celebrated as the anniversary of the birth of Martin Luther King, Jr.; the third Monday in February to be known as Presidents' Day and to be celebrated as the anniversary of the births of Abraham Lincoln and George Washington; the last Monday in May, commonly known as Memorial Day; the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be known as Labor Day; the eleventh day of November, to be known as Veterans' Day, the fourth Thursday in November, commonly known as Thanksgiving Day; the day immediately following Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day: PROVIDED, That no reduction from the teacher's time or salary shall be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school shall not be taught.

PART V

CORE COMPETENCIES

NEW SECTION. Sec. 13. The state board of education shall, in consultation with the higher education coordinating board, the superintendent of public instruction, institutions of higher education, and other relevant agencies, review and evaluate strategies to replace the use of carnegie units with core competencies, including critical thinking skills, to evaluate student performance. The state board of education shall report its findings and recommendations to the governor, the higher education coordinating board, the superintendent of public instruction, and the legislature by December 1989.

PART VI

PILOT PROGRAMS FOR PREVENTION OF LEARNING PROBLEMS

NEW SECTION. Sec. 14. (1) The superintendent of public instruction shall select a maximum of ten school districts to participate in a pilot program for prevention of learning problems and academic delays. The program shall be for three years beginning with the 1989-90 school year. The program shall be funded from school district resources available for this purpose. However, if at the end of a school year the number of specific learning disabled students served by a participating district in handicapped education programs during that school year has averaged less than four percent of the district's annual average full-time equivalent enrollment, the district may receive state reimbursement for costs of the pilot program from appropriations for this purpose. The maximum amount of reimbursement for a school year shall be the difference between the state allocation for handicapped students that the district would have received with four percent of enrollment identified as specific learning disabled, and the actual state allocation for handicapped students that the district received for that school year.

(2) School districts applying to participate in the three-year pilot program established under this section shall submit a proposed program budget for the 1989-90 school year to the superintendent of public instruction, and a preliminary budget plan for the two ensuing school years. These proposed budgets or budget plans shall outline the resources to be used by the district in the identification and early prevention of learning problems. Districts selected to participate shall submit an updated budget proposal to the superintendent of public instruction prior to each of the 1990-91 and 1991-92 school years. The state reimbursement received by the district under this section for any school year shall not exceed the total amount of the district's expenditures for identification and prevention of learning problems pursuant to the budget submitted for that school year.

(3) Applications submitted by school districts shall also include:

(a) Assurances that the school district will not deny access to special education programs for handicapped students entitled to services under chapter 28A.13 RCW;

(b) A description of methods to be used by the district to identify students for additional instruction or other services provided under the pilot program;

(d) A plan for evaluating the effectiveness of the district's program at the end of the three-year period, using student test scores and other indicators of academic progress as determined by the district; and

(e) Other information as may be required by the superintendent of public instruction.

(4) For the purposes of this section, "state allocation for handicapped students" includes state handicapped education moneys allocated for students served in special education programs provided under chapter 28A.13 RCW, and basic education allocations generated by such students under the state funding formula adopted pursuant to RCW 28A.41.140.

NEW SECTION. Sec. 15. Prior to December 15, 1992, the superintendent of public instruction shall submit a report on the pilot program established under section 14 of this act to the education committees of the house of representatives and the senate. The report shall include an analysis of the effectiveness of the program and recommendations on whether the program should be continued or expanded to other districts.

NEW SECTION. Sec. 16. The superintendent of public instruction is empowered to establish outcomes-based learning assistance education recognition awards for the recognition of schools in school districts that have shown significant and continuous improvement in student basic skills performance, as well as other desired outcomes identified by the school district and community. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that provide for the allocation of funds to school district applicants on such conditions as the superintendent of public instruction deems to be in the best interest of the public school system.

NEW SECTION. Sec. 17. The superintendent of public instruction may adopt rules to implement section 14 of this act.

NEW SECTION. Sec. 18. Sections 14, 15, and 17 of this act shall expire December 15, 1992.

PART VII

MISCELLANEOUS

NEW SECTION. Sec. 19. Subchapter headings used in this act do not constitute any part of the law.