AN ACT Relating to prevention and intervention services for elementary students; adding new sections to Title 28A RCW; and creating new sections.

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

NEW SECTION. Sec. 1. (1) A student's ability to learn can be affected by a number of both positive and negative factors, including but not limited to: Level of parent involvement and support; child abuse and neglect; poverty, including parental unemployment or underemployment; family transiency and homelessness; drug and alcohol abuse; poor health and nutrition; crime; and peer influence. Such factors can be manifested in forms such as underachievement and failure, absenteeism and truancy, drug and alcohol abuse, delinquency, suicide, disruption of the classroom learning environment, dropping out, teen pregnancy, and, later in life, unemployment, a need for public assistance, treatment or institutionalization for mental health reasons, involvement with the judicial system, and possible imprisonment for civil or criminal convictions.

(2)(a) The legislature finds that every child deserves attention, affection, and optimum development of his or her potential. Prevention and intervention services at the elementary level offer early identification, encouragement, and follow-up of each child's special interests, creative talents, and particular abilities as well as identification and cooperative assistance with learning, emotional, environmental, social, or physical obstacles to normal child growth and development.

(b) The legislature finds that the provision of counseling and related prevention and intervention services at the elementary level will enhance the classroom environment for students and teachers, and better enable students to realize their academic and personal potential.

(c) The legislature finds that it is essential that resources be made available to school districts: To provide early prevention and intervention services to students, their families, and classroom teachers; to enhance the opportunity for students to realize academic and personal success; and to reduce the number of students at-risk of performing below their ability level in school.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 3 through 15 of this act.

(1) "Child intervention specialist" means:

(a) An educational staff associate who holds certification as a school counselor, a school psychologist, a school nurse, or a school social worker under state board of education rules adopted pursuant to RCW 28A.04.120; or

(b)(i) An appropriate public or private provider of professional health care as defined under RCW 18.120.020(4), including providers employed by the state of Washington;

(ii) A mental health professional as defined under RCW 71.05.020(12), including mental health professionals employed by the state of Washington; or

(iii) A child psychiatrist or children's mental health specialist as defined under RCW 71.34.020, including child psychiatrists or children's mental health specialists employed by the state of Washington, whose services may be requested by a school district pursuant to a prevention and intervention program for elementary students implemented under sections 3 through 7 of this act.

(2) "Early grades," "elementary grades," and "elementary level" mean kindergarten through grade six and may include preschool age children served by the school district.

(3) "Elementary grades prevention and intervention program" means a program of services and activities or events developed pursuant to sections 3 through 7 of this act.

(4) "Superintendent" means the superintendent of public instruction.

NEW SECTION. Sec. 3. (1) From funds appropriated by the legislature, the superintendent shall establish a voluntary, grant-based program to assist school districts in providing prevention and intervention programs for elementary grade students. This grant program shall be called the fair start program.

(2) Grant funds applied for, if received, may not be used to replace funding for existing activities.

NEW SECTION. Sec. 4. The superintendent shall make grant awards to school districts on a matching basis. Districts shall provide a minimum of twenty percent of the cost of the proposed local elementary grades prevention and intervention program. The district match may consist of:

(1) Federal funds;

(2) Other funds available to districts, including funds from state programs with prevention and intervention components, such as:

(a) The substance abuse awareness program under RCW 28A.120.030 through 28A.120.050;

(b) The substance abuse prevention and intervention program under RCW 28A.120.080 through 28A.120.086;

(d) The learning assistance program under RCW 28A.120.010 through 28A.120.026;

(e) The dropout prevention program under RCW 28A.120.060 through 28A.120.072;

(f) Local education program enhancement funds appropriated by the legislature;

(3) District funds currently used for elementary prevention and intervention services;

(4) Contributions of or contractual arrangements for services, including the use of a child intervention specialist licensed or employed by the state of Washington, materials, supplies, or physical facilities; or

(5) Any combination of funds under subsections (1) through (4) of this section.

NEW SECTION. Sec. 5. (1) The superintendent shall award grants on the following priority basis:

(a) Priority one: A district in which there is at least one elementary school in which fifty percent or more of the students in the elementary school or schools are eligible to receive free or reduced price lunches;

(b) Priority two: A district in which there is at least one elementary school in which between forty and fifty percent of the students in the elementary school or schools are eligible to receive free or reduced price lunches;

(c) Priority three: A district in which there is at least one elementary school in which between twenty-five and forty percent of the students in the elementary school or schools are eligible to receive free or reduced price lunches; and

(d) Priority four: Any district in which there is not at least one elementary school meeting the criteria for priority one, two, or three grant funding eligibility.

(2) The criteria for determining the priorities under subsection (1) of this section are established solely for allocation purposes. Under the districts' elementary grades prevention and intervention programs, every student in an eligible elementary school in a qualifying grade level who may benefit from the program shall be considered eligible to receive services.

NEW SECTION. Sec. 6. (1) Commencing with the 1990-91 school year, within appropriated funds, the superintendent may award grants to priority one school districts. If sufficient funds are available, the superintendent may award grants to priority two school districts.

(2) Commencing with the 1991-92 school year, within appropriated funds, the superintendent may award grants to priority two districts. Qualifying new or previously unfunded grant applications from priority one districts shall be funded before priority two districts are funded. If sufficient funds are available, the superintendent may award grants to priority three districts.

(3) Commencing with the 1992-93 school year, within appropriated funds, the superintendent may award grants to priority three districts. Qualifying new or previously unfunded grant applications from priority one and two districts shall be funded before priority three districts are funded. If sufficient funds are available, the superintendent may award grants to priority four districts.

(4) Commencing with the 1993-94 school year, within appropriated funds, the superintendent may award grants to priority four districts. Qualifying new or previously unfunded grant applications from priority one, two, and three districts shall be funded before priority four districts are funded.

NEW SECTION. Sec. 7. (1) School districts interested in implementing or enhancing an elementary grades prevention and intervention program shall submit a grant application to the superintendent of public instruction.

(2) Grant applications shall include:

(a) Documentation that the district board of directors has adopted a written policy regarding the district's role and responsibility relating to prevention and intervention services for elementary students or a letter of commitment from the board of directors that a written policy will be adopted within six months of receipt of state funding under the provisions of sections 2 through 10 of this act;

(b) District goals relating to prevention and intervention services for elementary students, including a target child intervention specialist to student ratio as a district objective;

(i) The referral of students for prevention and intervention services; and

(ii) Liability issues relating to the provision of prevention and intervention services to students outside school buildings;

(d) Use of grant funds for prevention and intervention related in-service purposes;

(e) How the services of child intervention specialists may be integrated into the district's elementary grades prevention and intervention program;

(f) Evaluation procedures the district will implement to assess the effectiveness of the district's early grades prevention and intervention program; and

(g) Other information as requested by the superintendent.

(3) Two or more school districts may submit a joint application for the purpose of establishing or enhancing a cooperative prevention and intervention program for elementary grades students.

(4) An educational service district may submit an application on behalf of one or more school districts for the purpose of establishing or enhancing an elementary grades prevention and intervention program.

NEW SECTION. Sec. 8. The superintendent and the educational service districts shall provide to school districts on a request basis, necessary technical assistance relating to the development of grant applications.

NEW SECTION. Sec. 9. Districts shall use the grant awards solely to increase the level of prevention and intervention services provided to elementary students in the eligible schools. In developing their elementary grades prevention and intervention programs, districts shall emphasize the delivery of services using child intervention specialists as defined in section 2(1)(a) of this act. Districts are encouraged to have child intervention specialists as defined in section 2(1)(b) of this act deliver services in the district and under the supervision of a child intervention specialist as defined in section 2(1)(a) of this act under the district's prevention and intervention program.

NEW SECTION. Sec. 10. (1) The superintendent of public instruction shall appoint an advisory committee of such size as determined by the superintendent. The advisory committee shall include representatives of at least the following groups:

(a) Child intervention specialists;

(b) Teachers;

(d) Principals;

(e) School directors; and

(f) Parents.

(2) The advisory committee shall assist the superintendent in establishing possible additional grant application criteria and may make recommendations to the superintendent regarding the selection of applicants for grant awards.

NEW SECTION. Sec. 11. (1) The superintendent shall adopt rules as necessary under chapter 34.05 RCW to implement sections 2 through 10 of this act. The rules shall permit grant applicants to contract with governmental or nongovernmental organizations or community-based professional health care providers to provide elementary students with prevention and intervention services as specified in the grant application.

(2) The superintendent, in consultation with the advisory committee and applicant districts which receive grant awards, shall develop specific measures to evaluate the success of the grant projects and the fair start program.

NEW SECTION. Sec. 12. The superintendent shall submit biennially a report to the governor and the legislature on the fair start program established under section 3 of this act. The first report shall be submitted not later than December 1, 1992. Subsequent reports shall be submitted not later than December 1 in even-numbered years.

NEW SECTION. Sec. 13. Through the state clearinghouse for education information, the superintendent of public instruction shall collect and disseminate to school districts information on programs established or enhanced under the fair start program.

NEW SECTION. Sec. 14. (1) The state board of education, in consultation with: The superintendent of public instruction; the public and private higher education institutions with state board- approved preparation programs for educational staff associates as identified under section 2(1)(a) of this act; practicing school counselors, school psychologists, school nurses, and school social workers; administrators; school directors; and teachers shall conduct a study of:

(a) The supply of and demand for educational staff associates identified under section 2(1)(a) of this act in relation to the implementation of the fair start program pursuant to section 3 of this act;

(b) The effect of current out-of-state certification policies for educational staff associates;

(c) The potential for developing a prevention and intervention in-service program for certificated and classified staff who could be assigned responsibilities for providing in-classroom support to teachers;

(d) The possible relationship between (c) of this subsection and RCW 28A.04.180; and

(e) The feasibility of developing a child intervention specialist certificate.

(2) The state board shall report its findings and any recommendations to the legislature not later than June 1, 1991. The report shall include, but not be limited to recommendations regarding:

(a) Ways to increase the number of graduates from state educational staff associate preparation programs as school counselors, school psychologists, school nurses, and school social workers; and

(b) Additional compensation for certificated and classified staff who might assume responsibilities pursuant to subsection (1)(c) of this section.

(3) This section shall expire December 31, 1990.

NEW SECTION. Sec. 15. (1) The legislature recognizes that poverty is one indicator of children who may need and benefit from the services of an elementary grades prevention and intervention program. The superintendent of public instruction shall study and report back to the legislature by December 1, 1990, on additional factors which might be appropriate criteria for determining eligibility priorities under section 5 of this act.

(2) This section shall expire December 31, 1990.

NEW SECTION. Sec. 16. Sections 2 through 13 of this act are each added to Title 28A RCW.

NEW SECTION. Sec. 17. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1990, in the omnibus appropriations act, this act shall be null and void.

NEW SECTION. Sec. 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.