Z-805 _______________________________________________
HOUSE BILL NO. 1444
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Representatives Peery, Betrozoff, G. Fisher, Holland, Walker, May, O'Brien, Locke, Winsley, Bowman, Moyer, Valle, Horn, D. Sommers, Ferguson, Wineberry, Rector, Prentice, R. King, Sprenkle, Basich, Dorn, Rust, Todd and H. Myers; by request of Governor Gardner
Read first time 1/25/89 and referred to Committees on Education/Appropriations (2/20/89).
AN ACT Relating to students at risk; amending RCW 28A.120.010, 28A.120.014, 28A.120.016, 28A.120.018, 28A.120.020, 28A.120.022, 28A.120.024, 28A.120.026, 28A.120.030, 28A.120.032, 28A.120.034, 28A.120.036, 28A.58.087, 28A.41.130, and 28A.02.061; adding new sections to chapter 28A.120 RCW; adding a new section to chapter 28A.41 RCW; creating new sections; and repealing RCW 28A.120.060, 28A.120.062, 28A.120.064, 28A.120.066, 28A.120.068, 28A.120.070, and 28A.120.072.
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 ((districts))
of innovative and effective means of serving students with special needs. The
goal is to increase the achievement of all students ((with special
needs)), especially those at risk of dropping out in a shorter
period of time using processes that are more timely, appropriate and effective
in producing better outcomes and a successful transition from elementary
school to junior high school or junior high school to high school.
Sec. 2. Section 3, chapter 478, Laws of 1987 and RCW 28A.120.014 are each amended to read as follows:
Unless the context clearly indicates otherwise the definitions in this section apply throughout RCW 28A.120.010 through 28A.120.026.
(1) "Basic skills" means reading, mathematics, critical thinking, and language arts as well as readiness activities associated with such skills.
(2)
"Placement testing" means the administration of objective measures
by a school ((district)) for the purpose((s)) of diagnosing the
basic skills achievement levels of the student, determining the basic
skills areas of greatest need, and establishing the learning assistance needs
of individual students in conformance with ((instructions)) guidelines
established by the superintendent of public instruction for such purposes.
(3) "Approved program" means a program conducted pursuant to a plan submitted by a district and approved by the superintendent of public instruction under RCW 28A.120.016.
(4) "Participating student" means a student in kindergarten through grade nine who scores below grade level in basic skills, as determined by placement testing, and who is identified under RCW 28A.120.018 to receive additional services or support under an approved program.
(5) "Basic skills tests" means state-wide tests at the fourth and eighth grade levels established pursuant to RCW 28A.03.360.
Sec. 3. 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. ((Districts are encouraged
to place)) The legislature encourages special emphasis on addressing
the needs of students in the early grades of elementary school. Each
school shall update the needs assessment and plan ((shall be updated))
at least biennially((, and)). The needs assessment and plan
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 or school advisory councils. The district shall submit
a biennial application specifying ((this)) its school plans
to the office of the superintendent of public instruction for approval. Plans
shall include:
(1) The
means which the ((district)) school 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))
The plan for annual evaluation of the program by the ((district))
school, based on performance objectives related to basic skills
achievement of participating students and school-wide student performance,
and a plan for reporting the results of this evaluation to the superintendent
of public instruction;
(4) The 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. 4. Section 5, chapter 478, Laws of 1987 and RCW 28A.120.018 are each amended to read as follows:
Identification
of participating students for an approved program of learning assistance shall
be determined in each ((district)) school through the
implementation of the findings of the ((district's)) school's
needs assessment and through placement testing. Schools ((districts))
are encouraged to coordinate and link the use of funds from federal,
state, and local sources in serving students who are below grade level in basic
skills, and to make efficient use of these resources in meeting the needs of
students with the greatest academic deficits.
Sec. 5. 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 to improve the performance of students at risk of dropping out 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; and
(5) Tutoring assistance during or after school or on Saturday provided by a student tutor, teacher, or instructional assistant.
Sec. 6. 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)) school
may be eligible. Funds shall be distributed according to the ((district's))
school's total full-time equivalent enrollment in kindergarten through
grade nine and the percentage of the ((district's)) school'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)) shall use an average over the
immediately preceding five ((or fewer)) years, or fewer years if data
for five years is not available, of the ((district's)) school'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. As students' test scores
improve at a school receiving learning assistance program funds, learning
assistance program funds for subsequent years shall be calculated by
recognizing one-half of the decrease in the school's eligible students.
Additional funds provided through this incentive may be spent for any purpose
specified by the school's advisory council. The distribution formula in
this section is for allocation purposes only. Allocations for schools
receiving learning assistance program funds shall be distributed by the
superintendent of public instruction through school districts. If a school
does not spend all its allocation for the purposes in its approved plan, it
shall assure the superintendent of public instruction that it has met the needs
of all its students at risk.
Sec. 7. Section 8, chapter 478, Laws of 1987 and RCW 28A.120.024 are each amended to read as follows:
In order to
insure that schools ((districts)) are meeting the requirements of
an approved program, the superintendent of public instruction shall monitor ((such
programs)) improvement in student performance no less than once
every ((three)) two years. The results of the evaluations
required by RCW 28A.120.016 shall be transmitted by the school district
to the superintendent of public instruction annually. Individual student
records shall be maintained at each school and the school district.
Sec. 8. Section 9, chapter 478, Laws of 1987 and RCW 28A.120.026 are each amended to read as follows:
The
superintendent of public instruction shall promulgate rules pursuant to chapter
((34.04)) 34.05 RCW which he or she deems necessary to implement
((RCW 28A.120.010 through 28A.120.024)) this chapter, and shall
develop tests as necessary to measure critical thinking skills.
PART II
DRUG AND ALCOHOL ABUSE AWARENESS
Sec. 9. Section 205, chapter 518, Laws of 1987 and RCW 28A.120.030 are each amended to read as follows:
The
citizens of the state of Washington recognize the serious impact of alcohol
and drug abuse on a student's self-concept and on the ability of students to
learn. Therefore, the ((substance)) drug and alcohol abuse
awareness program is established: (1) To aid students in the development of
skills that will assist them in making informed decisions concerning the use of
drugs and alcohol; (2) to contribute to the development and support of a
drug-free educational environment; and (3) to help schools ((districts))
in the development of comprehensive drug and alcohol policies leading to the
implementation of drug and alcohol programs that contain prevention,
intervention, and aftercare components.
Sec. 10. 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 to schools
((districts)) on a grant basis, from moneys appropriated for the
purposes of this section and RCW 28A.120.034 through 28A.120.050, funds 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;
(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 schools, school districts, educational service districts, and drug and alcohol treatment facilities.
Sec. 11. Section 207, chapter 518, Laws of 1987 and RCW 28A.120.034 are each amended to read as follows:
(1) Schools
((districts)) interested in implementing a ((substance)) drug
and alcohol abuse awareness program shall file an application for state
funds with the superintendent of public instruction. The application shall
include the following:
(a) A ((letter
of)) commitment from the ((board of directors)) school to
adopt a comprehensive written policy on drugs and alcohol, and a proposed ((substance))
drug and alcohol abuse awareness ((abuse)) program and
implementation plan, within six months of receipt of funds allocated by the
state ((funding)). The comprehensive policy and program 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 or the school has already adopted a comprehensive policy
and plan, the ((district)) school shall submit a copy of the
comprehensive policy and plan;
(b) A ((letter
of)) commitment from the ((board of directors)) school to
appoint a school and community ((substance)) drug and alcohol
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)) school
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)) principal 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)) school's assessment of the scope of the
problem of drug and alcohol abuse within the ((district)) school,
as such use and abuse by individuals affects the learning environment in ((each))
the school.
(2) The
district and school shall demonstrate ((its)) a plan to
provide local matching funds of an amount equal to at least twenty percent of
the ((state)) funds allocated by the state that the ((district))
school is eligible to receive. Matching funds may be funds received
from federal programs, other funds available to the ((district)) school,
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))
school shall provide an outline of procedures for evaluating the
effectiveness of the ((district's substance)) school's drug and
alcohol abuse awareness program.
(4) Joint
applications and programs may be undertaken by schools ((districts)).
((Districts)) Schools which elect to participate in a joint
program may file a joint application and establish a joint school and community
((substance)) drug and alcohol abuse advisory committee.
Sec. 12. Section 208, chapter 518, Laws of 1987 and RCW 28A.120.036 are each amended to read as follows:
Schools
((districts)) may apply on an annual basis to the superintendent of
public instruction for continued funding of a local ((substance)) drug
and alcohol abuse awareness program meeting the provisions of RCW
28A.120.032 through 28A.120.050 and shall submit an application that includes:
(1) Verification of the adoption of comprehensive ((district)) school
policies; (2) proposed changes to the ((district's substance)) school's
drug and alcohol abuse awareness program, where necessary; (3) proposed
areas of expenditures; (4) the ((district's)) school's plan to
provide matching funds of an amount to equal at least twenty percent of the
state funds for which the ((district)) school is eligible; (5) a
plan for program evaluation; and (6) a report evaluating the effectiveness of
the previously funded program one year after the program is implemented,
including all the information required in this section.
PART III
HIGH SCHOOL DROP-OUT RATE REDUCTION
NEW SECTION. Sec. 13. 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. It is the legislative intent that the average state drop-out rate in regular high schools be reduced to ten percent by the twenty-first century.
NEW SECTION. Sec. 14. Funds appropriated for the purpose of reducing the school drop-out rate shall be distributed by the superintendent of public instruction as grants to schools as specified in the appropriation act. The sum of all grants awarded shall not exceed the amount appropriated for that purpose by the legislature.
NEW SECTION. Sec. 15. The superintendent of public instruction shall provide annually an analysis of drop-out rates for all schools that receive funds under section 14 of this act compared with schools that do not receive such funds. Drop-out rates shall be reported for each school building.
NEW SECTION. Sec. 16. 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. 17. The superintendent of public instruction shall establish an annual award for schools that demonstrate unusual success in reducing drop-out rates.
NEW SECTION. Sec. 18. 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.
Sec. 19. Section 1, chapter 151, Laws of 1986 and RCW 28A.58.087 are each amended to read as follows:
(1) ((Beginning
with the 1986-87 school year,)) School districts shall ((be
required to)) report annually to the superintendent of public instruction:
(a) Dropout rates of students in each of the grades nine through twelve at each high school;
(b) Dropout rates for student populations, by ethnicity, in each of the grades nine through twelve; and
(c) The primary causes or reasons, or both, attributed to students for having dropped out of school in grades nine through twelve.
(2) The
superintendent of public instruction shall adopt rules under chapter ((34.04))
34.05 RCW to assure uniformity in the information districts are required
to report under subsection (1) of this section. In developing rules, the
superintendent of public instruction shall consult with school districts,
including administrative and counseling personnel, with regard to the methods
through which information is to be collected and reported.
(3) In
reporting on the primary causes or reasons, or both, attributed to
students for having dropped out of school, the school ((building
officials)) shall, to the extent reasonably practical, obtain such
information directly from students. In lieu of obtaining such information
directly from students, ((building principals and counselors)) the
school shall identify the primary causes or reasons, or both, based
on ((their)) the professional judgment of its staff.
(4) ((Beginning
with the 1987 legislative session,)) The superintendent of public
instruction shall report annually to the legislature, office of financial
management, legislative evaluation and accountability program committee, and
legislative budget committee a report based on the information collected
under subsection (1) of this section. ((Beginning with the 1991 legislative
session,)) The 1990 report shall include the number of
students in the ninth through twelfth grades in each high school building
who drop out of school over a four-year period and the four-year dropout
rate.
PART IV
FLEXIBLE SCHEDULING
NEW SECTION. Sec. 20. 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. 21. 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 20 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. 22. 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 20 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.
NEW SECTION. Sec. 23. Sections 13 through 18 of this act are each added to chapter 28A.120 RCW.
PART V
CORE COMPETENCIES
NEW SECTION. Sec. 24. The state board of education shall, in consultation with the higher education coordinating board, institutions of higher education, and other relevant agencies, review and evaluate strategies to replace the use of carnegie units with core competencies 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.
NEW SECTION. Sec. 25. Subchapter headings used in this act do not constitute any part of the law.
NEW SECTION. Sec. 26. The following acts or parts of acts are each repealed:
(1) Section 213, chapter 518, Laws of 1987 and RCW 28A.120.060;
(2) Section 214, chapter 518, Laws of 1987 and RCW 28A.120.062;
(3) Section 215, chapter 518, Laws of 1987 and RCW 28A.120.064;
(4) Section 216, chapter 518, Laws of 1987 and RCW 28A.120.066;
(5) Section 217, chapter 518, Laws of 1987 and RCW 28A.120.068;
(6) Section 218, chapter 518, Laws of 1987 and RCW 28A.120.070; and
(7) Section 219, chapter 518, Laws of 1987 and RCW 28A.120.072.