Z-0388

AN ACT Relating to K-12 accountability and assistance; amending RCW 28A.630.887, 28A.630.889, 28A.320.205, 28A.165.012, 28A.165.030, 28A.165.040, 28A.165.050, 28A.165.060, 28A.165.070, 28A.165.080, 28A.165.095, 28A.300.130, and 28A.630.885; adding new sections to chapter 28A.300 RCW; creating new sections; repealing RCW 28A.165.010 and 28A.300.138; repealing 1998 c 225 s 3 (uncodified); repealing 1995 c 209 s 3 (uncodified); repealing 1995 c 209 s 2 and 1992 c 141 s 203 (uncodified); and declaring an emergency.

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

PART 1

INTENT

NEW SECTION. Sec. 101. INTENT. The legislature finds that the purpose of Washington's accountability system is to improve student learning and student achievement of the essential academic learning requirement standards so that each individual student will be given the opportunity to become a responsible citizen and successfully live, learn, and work in the twenty-first century. To achieve this purpose, the accountability system should be based on continuous improvement at all levels of Washington's education system and on a fundamental principle that all students have equitable access to curriculum and instruction that is aligned to the standards.

The legislature further finds that the accountability system should rely on local responsibility and leadership. The state's educational system should respect and support local flexibility in the design, financing, and management of schools, including their instructional programs, organization, and structure. Districts and schools should be expected to improve and be evaluated based on their improvement over time. Districts should recognize exceptional progress and work closely with struggling schools. In addition to providing funding, the state should provide technical assistance and expertise where needed.

The legislature further finds that the accountability system must be simple to use and understand. Consequences must be predictable and fair. Differences among students, schools, and districts should be recognized and respected as the system is implemented. There should be a balance of each student's right to privacy and the public's right to know the overall levels of learning and achievement at the school, district, and state levels. In addition, the accountability system is a work in progress. As such, it should be continuously reviewed and improved as more is learned about how schools operate to meet the learning needs of Washington's students.

The legislature further finds that the long-range goal is for all public school students to meet the standards established under RCW 28A.630.885. The mid-term goal is that at least eighty percent of all students state-wide meet the standards and achieve the certificate of mastery within a decade after assessments are required to be administered.

The legislature further finds that teachers, other instructional staff, and principals need additional time and resources to increase the number of students meeting the standards and achieving the goals. Time is needed so that educators can determine how to improve instruction, information must be available regarding effective programs and practices, and extended learning opportunities must be provided for students who are struggling to achieve the standards. Unless this additional assistance is provided by the state, additional state-level accountability requirements for improved student learning must not be mandated.

PART 2

ACCOUNTABILITY GOALS

Sec. 201. RCW 28A.630.887 and 1998 c 319 s 101 are each amended to read as follows:

(1) By December 15, 1998, each school district board of directors shall:

(a) Select the reading standard results on either the 1997 or 1998 fourth grade Washington assessment of student learning as the school district's initial baseline reading standard. Districts may select the 1997 results only if all of the elementary schools with fourth grade students administered the assessment;

(b) Establish a three-year, district-wide goal to increase, by the end of the 2000-01 school year, the percentage of students who meet or exceed the reading standard on the fourth grade Washington assessment of student learning. The ((~~three-year~~)) 2000-01 percentage increase goal may not be less than the district's total percentage of students who did not meet the baseline reading standard multiplied by twenty-five percent;

(d) Direct each elementary school to establish a three-year goal for its fourth grade students, subject to approval by the board. The aggregate of the elementary school goals must meet or exceed the district-wide goals established by the board.

(2) By December 15, 1999, each school district board of directors shall:

(a) Select the mathematics standard results on either the 1997 or 1998 fourth grade Washington assessment of student learning as the school district's initial baseline mathematics standard. Districts may select the 1997 results only if all of the elementary schools with fourth grade students administered the assessment;

(b) Establish a district-wide goal to increase by the end of the 2001-02 school year the percentage of students who meet or exceed the mathematics standard on the fourth grade Washington assessment of student learning. The 2001-02 percentage increase goal may not be less than the district's total percentage of students who did not meet the baseline mathematics standard multiplied by twenty-five percent;

(d) Direct each elementary school to establish a 2001-02 mathematics goal for its fourth grade students, subject to approval by the board. The aggregate of the elementary school goals must meet or exceed the district-wide goals established by the board.

(3) Each school district board of directors shall:

(a) Annually report ((~~biannually~~)) to parents ((~~in writing~~)) and to the community in a public meeting and twice annually report in writing the following information:

(i) District-wide and school-level three-year goals;

(ii) Student performance relative to the goals; and

(iii) District-wide and school-level plans to achieve the reading and mathematics goals in kindergarten through fourth grade, including ((~~grade-level expectations,~~)) curriculum and instruction, parental or guardian involvement, and resources available to parents and guardians to help students meet the reading and mathematics standards;

(b) Report annually ((~~to the superintendent of public instruction and~~)) in a news release to the local media the district's progress toward meeting the district-wide and school-level goals; and

(c) Include the ((~~reported information~~)) school-level goals, student performance relative to the goals, and a summary of school-level plans to achieve the goals in each school's annual school performance report under RCW 28A.320.205. This shall be considered one of the twice-annual written reports required in (a) of this subsection.

((~~(3)~~)) (4) Schools and school districts that meet or exceed the minimum state-wide goals shall be recognized by the superintendent of public instruction in accordance with section 701 of this act.

(5) Schools and school districts in which ten or fewer students are eligible to be assessed in a grade level are not required to establish or report numerical improvement goals and performance relative to the goals, but are required to report to parents and the community their plans to improve reading and mathematics achievement in kindergarten through fourth grade as required in subsection (3)(a)(iii) of this section.

(6) The elementary grade reading goal shall be reset by the commission on student learning in 2001 and the mathematics goal shall be reset by the commission on student learning in 2002. If deemed appropriate by the commission, the commission may establish goals for other content and grade levels when assessments in the other content areas and other grade levels are required to be administered state-wide. High school goals shall include the percent of students achieving a certificate of mastery and a reduction in dropout rates. The commission may revise these state-wide accountability goals as necessary.

(7) By December 1, 2000, and by December 31st annually thereafter the ((~~superintendent of public instruction~~)) commission on student learning shall report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the ((~~three-year~~)) reading and mathematics goals, and ((~~provide recommendations to the legislature on setting reading goals for the next three years.~~

~~(4) This section expires July 1, 2006~~)) on the setting and achievement of goals in the other content areas and at other grade levels.

PART 3

REPORTING ASSESSMENT RESULTS

Sec. 301. RCW 28A.630.889 and 1998 c 319 s 301 are each amended to read as follows:

(1) By September 10, 1998, and by September 10th each year thereafter, the superintendent of public instruction shall:

(a) Report to the public, schools, school districts, and the legislature on the results of the ((~~fourth grade~~)) Washington assessment of student learning; and

(b) Post individual school results of the ((~~fourth grade~~)) Washington assessment of student learning on the superintendent of public instruction's internet world-wide web site.

(2) The reports shall include the assessment results by school and school district, and include changes over time. Results shall be reported in two ways:

(a) The percent of students meeting the standards; and

(b) A learning improvement index that shows changes in student performance within the different levels of student learning reported on the Washington assessment of student learning.

(3) Data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, drop-out rates, attendance, percent of students in special education, and student mobility shall also be reported so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.

(4) To protect the privacy of students, the results of schools and districts that test fewer than ten students in a grade level shall not be reported. In addition, in order to ensure that results are reported accurately, the superintendent of public instruction shall maintain the confidentiality of state-wide data files until the superintendent determines that the data are complete and accurate.

(5) The commission on student learning shall annually review the reporting system to ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and recommend to the superintendent of public instruction needed improvements.

(6) The superintendent of public instruction shall monitor the percentage and number of special education and limited English-proficient students exempted from taking the assessments by schools and school districts to ensure the exemptions are in compliance with exemption guidelines.

((~~(2) This section expires July 1, 2006.~~))

Sec. 302. RCW 28A.320.205 and 1993 c 336 s 1006 are each amended to read as follows:

(1) Beginning with the 1994-95 school year, to provide the local community and electorate with access to information on the educational programs in the schools in the district, each school shall publish annually a school performance report and deliver the report to each parent with children enrolled in the school and make the report available to the community served by the school. The annual performance report shall be in a form that can be easily understood and be used by parents, guardians, and other members of the community who are not professional educators to make informed educational decisions. As data from the assessments in RCW 28A.630.885 becomes available, the annual performance report should enable parents, educators, and school board members to determine whether students in the district's schools are attaining mastery of the student learning goals under RCW 28A.150.210, and other important facts about the schools' performance in assisting students to learn. The annual report shall make comparisons to a school's performance in preceding years and shall ((~~project goals in performance categories~~)) include school level goals under RCW 28A.630.887, student performance relative to the goals, and information regarding school-level plans to achieve the goals.

(2) The annual performance report shall include, but not be limited to: A brief statement of the mission of the school and the school district; enrollment statistics including student demographics; expenditures per pupil for the school year; a summary of student scores on all mandated tests; a concise annual budget report; student attendance, graduation, and dropout rates; information regarding the use and condition of the school building or buildings; a brief description of ((~~the restructuring~~)) learning improvement plans for the school; and an invitation to all parents and citizens to participate in school activities.

(3) The superintendent of public instruction shall develop by June 30, 1994, a model report form, which shall also be adapted for computers, that schools may use to meet the requirements of subsections (1) and (2) of this section.

PART 4

ASSISTANCE FOR SCHOOLS AND DISTRICTS

NEW SECTION. Sec. 401. A new section is added to chapter 28A.300 RCW to read as follows:

ACCOUNTABILITY IMPLEMENTATION FUNDS. (1) To the extent funds are appropriated, the office of the superintendent of public instruction annually shall allocate accountability implementation funds to school districts. The purposes of the funds are to: Develop and update student learning improvement plans; implement curriculum materials and instructional strategies; provide staff professional development to implement the selected curricula and instruction; develop and implement assessment strategies and training in assessment scoring; and fund other activities intended to improve student learning for all students, including students with diverse needs. Activities funded by the allocations must be consistent with the school or district improvement plan, designed to improve the ability of teachers and other instructional certificated and classified staff to assist students in meeting the essential academic learning requirements, and designed to achieve state and local accountability goals.

(2) To be eligible for allocations in the 1999-2000 school year, school district superintendents and principals must certify that activities funded by accountability implementation funds will be in accordance with the requirements of chapter . . ., Laws of 1999 (this act). To be eligible for funds in the 2000-01 school year and thereafter, school district superintendents and school principals must certify that they have analyzed the use of state, federal, and local funds used for professional development and planning and that these funds will be used in an effective manner to improve student learning.

(3) Schools receiving funds shall develop, update as needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential academic learning requirements and to implement the assessment system as it is developed. The plan shall delineate how the accountability implementation funds will be used to accomplish the requirements of this section. The plan shall be made available to the public and to others upon request.

(4) The amount of allocations shall be determined in the biennial operating budget.

(5) The state schools for the deaf and blind are eligible to receive allocations under this section.

(6) The superintendent of public instruction may adopt timelines and rules as necessary under chapter 34.05 RCW to administer the program, and require that schools and districts submit reports regarding the use of the funds.

(7) Funding under this section shall not become a part of the state's basic program of education obligation as set forth under Article IX of the state Constitution.

NEW SECTION. Sec. 402. A new section is added to chapter 28A.300 RCW to read as follows:

EMERGENCY TARGETED ASSISTANCE TO SCHOOLS. (1) To the extent funds are appropriated, the superintendent of public instruction shall grant funds to schools for short-term, intensive, tailored assistance to develop and implement comprehensive improvement plans that are based on reliable research and effective practices. Recommendations regarding the criteria for granting funds shall be made by the commission on student learning to the superintendent of public instruction. Priority for funds shall be given to schools that need to improve student achievement substantially. The funds under this section are intended to stimulate comprehensive, school-wide change, rather than a piecemeal, fragmented approach to school improvement.

(2) To be considered comprehensive, plans must integrate, in a coherent manner, the following components:

(a) Effective, research-based methods and strategies;

(b) Comprehensive design with aligned components;

(d) Measurable goals and benchmarks;

(e) Support within the school;

(f) Family and community involvement;

(g) External technical support and assistance;

(h) Measures to improve school security and supportive learning environments;

(i) Evaluation strategies; and

(j) Coordination of available federal, state, local, and private resources.

(3) When determining grant recipients, the following criteria shall be considered:

(a) Results of the Washington assessment of student learning;

(b) Student achievement evidence from district or other state assessments;

(d) Whether the criteria in subsection (2) of this section have been met; and

(e) The likelihood that the proposed application will lead to a plan and actions that will result in improved student achievement.

(4) Subject to available funding, individual grants shall be awarded for a period of two years.

(5) Grant applications shall be approved by the school district board of directors before submission of the application to the superintendent of public instruction.

PART 5

TARGETED ASSISTANCE TO LOW-PERFORMING STUDENTS

NEW SECTION. Sec. 501. INTENT. The legislature finds that the adoption of state-wide academic standards requires that school districts carefully analyze the use of funds intended to assist low-performing students and that schools should be using research-based instructional practices and programs. The legislature further finds that additional state funds should be allocated to school districts that would be used to provide assistance and extended learning opportunities for students before and after school, on Saturdays, during the summer, during other vacation periods, and during the school day. The legislature further finds that learning assistance funding should not be reduced when schools provide services that are successful in improving student achievement, that schools and districts should be given more flexibility in how funds are used, and that state-level monitoring should be based primarily on how effective schools are at helping students achieve the state-wide standards.

Sec. 502. RCW 28A.165.012 and 1987 c 478 s 2 are each amended to read as follows:

There is hereby created a state-wide program designed to enhance educational opportunities for public school students who ((~~are deficient in basic skills achievement~~)), without additional assistance, are not likely to meet the state-wide academic standards, or who did not meet the standards, as measured by the Washington assessment of student learning. This program shall be known as the learning assistance program.

Sec. 503. RCW 28A.165.030 and 1990 c 33 s 148 are each amended to read as follows:

Unless the context clearly indicates otherwise the definitions in this section apply throughout RCW 28A.165.010 through 28A.165.090.

(1) ((~~"Basic skills" means reading, mathematics, 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 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.

~~(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.165.040.~~

~~(4)~~)) "Participating student" means a low-performing 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.165.050~~)) 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.230.190~~)). Identification of participating students shall be determined in each participating school through a selection process that may include classroom performance, teacher referrals, placement testing, and other appropriate educational criteria as may be determined by the school district. In schools that are determined to be a school-wide program, all children are eligible to receive services depending on their needs.

(2) "Low-performing student" means a student who, without additional assistance, is not likely to meet the state-wide academic standards, or who did not meet the standards, as measured by the Washington assessment of student learning.

(3) "State-wide academic standards" means the standards established under RCW 28A.630.885 in reading, writing, communications, and mathematics as measured by the Washington assessment of student learning.

(4) "School-wide program" means a school where all children are eligible to receive services depending on their needs. Schools with a high percentage of low-performing students or students from low-income households are eligible to be designated school-wide programs. The criteria for designating school-wide programs shall be determined by the superintendent of public instruction.

Sec. 504. RCW 28A.165.040 and 1990 c 33 s 149 are each amended to read as follows:

Each school district which applies for state funds distributed pursuant to RCW 28A.165.070 shall conduct a needs assessment and, on the basis of its findings, shall develop a plan for the use of these funds. The district plan ((~~may~~)) shall incorporate plans developed by each ((~~eligible~~)) school that receives learning assistance funds. 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. Services and activities must have been demonstrated to be effective with the types of students being served;

(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~~)) the attainment of the state-wide academic standards;

(4) Procedures for involving families and community members in the education of participating students;

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

((~~(5)~~)) (6) The approval of the local school district board of directors.

Sec. 505. RCW 28A.165.050 and 1987 c 478 s 5 are each amended to read as follows:

((Identification of participating students for an approved program of learning assistance shall be determined in each district through the implementation of the findings of the district's needs assessment and through placement testing.)) School districts are encouraged to coordinate the use of funds from federal, state, and local sources in serving low-performing 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~~)) who are not achieving the state-wide academic standards.

Sec. 506. RCW 28A.165.060 and 1989 c 233 s 3 are each amended to read as follows:

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

(1) Extended learning opportunities, including assistance provided before and after school, on Saturdays, and during summer and vacation periods. This assistance may be provided by teachers, instructional support staff, classified staff, and paid and volunteer tutors;

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

((~~(2)~~)) (3) Instructional support staff and instructional assistants to assist classroom teachers in meeting the needs of participating students;

((~~(3)~~)) (4) In-service training for classroom teachers, instructional support staff, and instructional assistants in multicultural differences ((~~and~~)), in the identification of learning problems ((or)), and in instructional methods for teaching students with learning problems;

((~~(4)~~)) (5) 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 toward meeting their educational objectives)), such as nationally validated comprehensive models that are based on effective learning practices and address the needs of the participating students;

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

(6) In-service training for parents of participating students; ((~~and~~))

(7) Full-day kindergarten;

(8) Volunteer coordinators; and

(9) Counseling, with an emphasis on services for elementary students who are in need of learning assistance, provided by instructional support staff such as school counselors, school psychologists, school nurses, and school social workers. ((~~Pursuant to the provisions of section 4(2) of this act,~~)) Learning assistance funds may be used to provide counseling for students who in the absence of counseling would likely become in need of such learning assistance.

Sec. 507. RCW 28A.165.070 and 1995 1st sp.s. c 13 s 1 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~~)) the learning assistance program((s)).

(1) ((~~For the 1995-96 school year and thereafter,~~)) The superintendent of public instruction shall distribute funds appropriated for the learning assistance program in accordance with the biennial appropriations act. For the 1999-2000 school year and thereafter, the distribution formula shall be based upon ((~~an assessment of students and~~)) a poverty factor. The biennial funding formula shall include a provision to ensure individual school districts do not receive less funding as a result of the modified formula in this subsection.

(2) The distribution of state funds to school districts is for allocation purposes only. School districts shall determine the allocation of funds to schools within the school district based on the needs of students.

(((3) The superintendent of public instruction shall recommend to the legislature a new allocation formula that uses additional elements consistent with performance-based education and the new assessment system developed by the commission on student learning. The superintendent of public instruction shall develop the recommendations for a new allocation formula not later than the 1997-98 school year, based upon the initial implementation of the assessment system for reading, writing, communication, and mathematics.))

Sec. 508. RCW 28A.165.080 and 1990 c 33 s 151 are each amended to read as follows:

(1) In order to ((~~insure~~)) ensure that school districts are ((~~meeting the requirements of an approved program~~)) using learning assistance program funds effectively to improve the academic achievement of low-performing students, the superintendent of public instruction shall ((~~monitor~~)) annually evaluate the effectiveness of such programs ((~~no less than once every three years. The results of the evaluations required by RCW 28A.165.040 shall be transmitted to the superintendent of public instruction annually~~)). The effectiveness review shall be based on the results of state-mandated assessments, including both the state-wide norm-referenced tests and the Washington assessment of student learning and other appropriate data, as determined by the superintendent of public instruction. Decisions regarding assistance and corrective actions shall be made in accordance with sections 701 and 702 of this act.

(2) Individual student records shall be maintained at the school district for a period of time as determined by the superintendent of public instruction.

Sec. 509. RCW 28A.165.095 and 1997 c 431 s 5 are each amended to read as follows:

((~~(1)~~)) Schools and school districts may obtain((~~, in accordance with RCW 28A.320.017,~~)) waivers from the statutory requirements in this chapter that pertain to the instructional program, operation, and management of schools, except provisions pertaining to the monitoring of program effectiveness. Waivers also may be obtained((~~, in accordance with RCW 28A.320.017,~~)) from any rules of the ((~~state board of education and~~)) superintendent of public instruction adopted to implement the statutory requirements. The superintendent of public instruction shall establish a process for obtaining waivers.

((~~(2) This section expires June 30, 1999.~~))

NEW SECTION. Sec. 510. RCW 28A.165.010 and 1989 c 233 s 1 & 1987 c 478 s 1 are each repealed.

PART 6

STATE AND REGIONAL-LEVEL TECHNICAL ASSISTANCE

Sec. 601. RCW 28A.300.130 and 1996 c 273 s 5 are each amended to read as follows:

(1) Expanding activity in educational research, educational restructuring, and educational improvement initiatives has produced and continues to produce much valuable information. The legislature finds that such information should be shared with the citizens and educational community of the state as widely as possible. To facilitate access to information and materials on educational improvement and research, the superintendent of public instruction, to the extent funds are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center is to provide assistance and advice to parents, school board members, educators, and the public regarding strategies for assisting students in learning the essential academic learning requirements pursuant to RCW 28A.630.885. The center shall work in conjunction with the commission on student learning, educational service districts, ((~~and~~)) institutions of higher education, and education, parent, community, and business organizations.

(2) The center, in conjunction with other staff in the office of the superintendent of public instruction, shall:

(a) Serve as a clearinghouse for the completed work and activities of the commission on student learning;

(b) Serve as a clearinghouse for information regarding successful educational ((~~restructuring~~)) improvement and parental involvement programs in schools and districts, and information about efforts within institutions of higher education in the state to support educational ((~~restructuring~~)) improvement initiatives in Washington schools and districts;

(c) Provide best practices research and advice that can be used to help schools develop and implement: Programs and practices to improve ((~~reading~~)) instruction of the essential academic learning requirements established under RCW 28A.630.885; systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local data to monitor the academic progress of each and every student in the school district; ((~~school~~)) comprehensive, school-wide improvement plans; school-based shared decision-making models; programs to promote lifelong learning and community involvement in education; school-to-work transition programs; programs to meet the needs of highly capable students; programs and practices to meet the diverse needs of students based on gender, racial, ethnic, economic, and special needs status; research, information, and technology systems; and other programs and practices that will assist educators in helping students learn the essential academic learning requirements;

(d) Develop and distribute, in conjunction with the commission on student learning, parental involvement materials, including instructional guides developed to inform parents of the essential academic learning requirements. The instructional guides also shall contain actions parents may take to assist their children in meeting the requirements, and should focus on reaching parents who have not previously been involved with their children's education;

(e) Identify obstacles to greater parent and community involvement in school shared decision-making processes and recommend strategies for helping parents and community members to participate effectively in school shared decision-making processes, including understanding and respecting the roles of school building administrators and staff;

(f) Develop and maintain an internet web site to increase the availability of information, research, and other materials;

(g) Take other actions to increase public awareness of the importance of parental and community involvement in education;

((~~(g)~~)) (h) Work with appropriate organizations to inform teachers, district and school administrators, and school directors about the waivers available ((~~under RCW 28A.305.140~~)) and the broadened school board powers under RCW 28A.320.015;

((~~(h)~~)) (i) Provide training and consultation services, including conducting regional summer institutes;

((~~(i)~~)) (j) Address methods for improving the success rates of certain ethnic and racial student groups; and

((~~(j)~~)) (k) Perform other functions consistent with the purpose of the center as prescribed in subsection (1) of this section.

(3) The superintendent of public instruction, after consultation with the commission on student learning, shall select and employ a director for the center.

(4) The superintendent may enter into contracts with individuals or organizations including but not limited to: School districts; educational service districts; educational organizations; teachers; higher education faculty; institutions of higher education; state agencies; business or community-based organizations; and other individuals and organizations to accomplish the duties and responsibilities of the center. ((~~The superintendent shall contract out with community-based organizations to meet the provisions of subsection (2)(d) and (e) of this section.~~)) In carrying out the duties and responsibilities of the center, the superintendent, whenever possible, shall use practitioners to assist agency staff as well as assist educators and others in schools and districts.

((~~(5) The superintendent shall report annually to the commission on student learning on the activities of the center.~~))

NEW SECTION. Sec. 602. A new section is added to chapter 28A.300 RCW to read as follows:

HELPING CORPS. (1) In order to increase the availability and quality of technical assistance state-wide, the superintendent of public instruction, subject to available funding, shall employ regional school improvement coordinators and school improvement specialists to provide assistance to schools and districts. The regional coordinators and specialists shall be hired by and work under the direction of a state-wide school improvement coordinator. The improvement specialists shall serve on a rotating basis from one to three years and shall not be permanent employees.

(2) The school improvement coordinators and specialists shall provide the following:

(a) Assistance to schools to disaggregate student performance data and develop improvement plans based on those data;

(b) Consultation with schools and districts concerning their performance on the Washington assessment of student learning and other assessments;

(c) Consultation concerning curricula that aligns with the essential academic learning requirements, the Washington assessment of student learning, and meets the needs of diverse learners;

(d) Assistance in the identification and implementation of research-based instructional practices;

(e) Staff training that emphasizes effective instructional strategies and classroom-based assessment;

(f) Assistance in developing and implementing family and community involvement programs; and

(g) Other assistance to schools and school districts intended to improve student learning.

PART 7

STATE RESPONSIBILITY FOR RECOGNITION AND INTERVENTION

NEW SECTION. Sec. 701. A new section is added to chapter 28A.300 RCW to read as follows:

(1) The superintendent of public instruction annually shall recognize school districts and schools based on the results of the Washington assessment of student learning. Recommendations regarding the criteria for selecting districts and schools for recognition shall be provided by the commission on student learning. Recognition shall be given to schools and school districts that have achieved exceptional growth:

(a) As measured by an increase in the percent of students meeting standards. The level of achievement required for recognition shall be based on the achievement goals established by the legislature and commission on student learning under RCW 28A.630.887;

(b) As measured by an improvement index that measures improvement in all levels of the assessment; and

(c) Despite challenges such as high levels of mobility, poverty, English as a second language learners, and large numbers of students in special populations as measured by either the percent of students meeting the standard or the improvement index.

(2) When determining the baseline year or years for recognizing individual schools, the superintendent shall use the assessment results from the initial years the assessments were administered, unless doing so with individual schools would not be technically appropriate.

NEW SECTION. Sec. 702. A new section is added to chapter 28A.300 RCW to read as follows:

(1) Improved student learning depends on the initiative of educators, parents, and students in each school; the school's local community; and state support. Schools should take responsibility for their own improvement while also having access to assistance from school districts, educational service districts, and the state.

(2) School districts have primary responsibility for intervening in schools with large numbers of students who are not achieving the essential academic learning requirements. In some cases, school district intervention may not prove successful. Beginning in the 2001-02 school year, continuing low performance in elementary schools in which there is little or no improvement shall trigger an evaluation by the commission on student learning. The purpose of the evaluation is to decide whether to initiate additional state-level assistance. For middle and high schools, the evaluation shall occur three years after assessments are required state-wide. When making recommendations to the superintendent of public instruction regarding additional state-level assistance, the commission on student learning shall use multiple sources of information including:

(a) The results of the Washington assessment of student learning;

(b) Student achievement evidence from district or other state assessments;

(d) Student mobility and poverty;

(e) Attendance and dropout rates;

(f) Graduation rates and posthigh school indicators;

(g) Percent of students in special programs; and

(h) Other factors presented by individual districts or schools.

(3) If the commission on student learning, after considering the factors in subsection (1) of this section, finds that the district's efforts have failed to improve student achievement over a reasonable period of time, the commission may recommend to the superintendent of public instruction that the superintendent intervene in the school district. The superintendent of public instruction may intervene in the school district and take appropriate corrective actions.

PART 8

OVERSIGHT OF THE ACCOUNTABILITY SYSTEM

Sec. 801. RCW 28A.630.885 and 1998 c 225 s 1 are each amended to read as follows:

(1) The Washington commission on student learning is hereby established. The primary purposes of the commission are to identify the knowledge and skills all public school students need to know and be able to do based on the student learning goals in RCW 28A.150.210, to develop student assessments ((~~and~~)), to make recommendations regarding school accountability ((~~systems, to review current school district data reporting requirements and make recommendations on what data is necessary for the purposes of accountability and meeting state information needs~~)), and to take other steps necessary to develop a performance-based education system. The commission shall include ((~~three~~)) two members of the state board of education, ((~~three~~)) the superintendent of public instruction, and eight members appointed by the governor ((~~before July 1, 1992, and five members appointed no later than June 1, 1993, by the governor elected in the November 1992 election~~)). The state board of education and governor may reappoint existing members or appoint new members. All appointments shall be made by July 1, 1999. The governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. Gubernatorial and state board appointees shall serve for a term of four years. However, four of the initial eight gubernatorial appointments and one of the state board appointees shall serve two-year terms. Appointees may be reappointed to serve more than one term. The state board of education shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and nominations from state-wide education, business, and parent organizations shall be requested. Efforts shall be made to ensure that the commission reflects the racial and ethnic diversity of the state's K-12 student population and that the major geographic regions in the state are represented. Appointees shall be qualified individuals who are supportive of educational ((~~restructuring~~)) improvement, who have a positive record of service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the commission are achieved.

(2) The commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from the office of the superintendent of public instruction and the state board of education, and other state and local educational practitioners and student assessment specialists.

(3) The commission, with the assistance of the advisory committees, shall:

(a) Develop essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall be developed, to the extent possible, for each of the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for RCW 28A.150.210(1), goal one, and the mathematics component of RCW 28A.150.210(2), goal two, shall be completed no later than March 1, 1995. Essential academic learning requirements that incorporate the remainder of RCW 28A.150.210 (2), (3), and (4), goals two, three, and four, shall be completed no later than March 1, 1996. To the maximum extent possible, the commission shall integrate goal four and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;

(b)(i) The commission shall present to the state board of education and superintendent of public instruction a state-wide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has mastered the essential academic learning requirements identified in (a) of this subsection. The academic assessment system shall include a variety of assessment methods, including criterion-referenced and performance-based measures. Performance standards for determining if a student has successfully completed an assessment shall be initially determined by the commission in consultation with the advisory committees required in subsection (2) of this section.

(ii) The assessment system shall be designed so that the results under the assessment system are used by educators as tools to evaluate instructional practices, and to initiate appropriate educational support for students who have not mastered the essential academic learning requirements at the appropriate periods in the student's educational development.

(iii) ((Assessments measuring the essential academic learning requirements developed for RCW 28A.150.210(1) and the mathematics component of RCW 28A.150.210(2) referred to in this section as reading, writing, communications, and mathematics shall be developed and initially implemented by the commission before transferring the assessment system to the superintendent of public instruction on June 30, 1999.)) The elementary assessments for reading, writing, communications, and mathematics shall be available for use by school districts no later than the 1996-97 school year, the middle school assessment no later than the 1997-98 school year, and the high school assessment no later than the 1998-99 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. Assessments measuring the essential academic learning requirements developed for the science component of RCW 28A.150.210(2) at the middle school and high school levels shall be available for use by districts no later than the 1998-99 school year unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. ((The completed assessments and assessments still in development shall be transferred to the superintendent of public instruction by June 30, 1999, unless the legislature takes action to delay implementation of the assessment system and essential academic learning requirements. The superintendent shall continue the development of assessments on the following schedule:)) The history, civics, and geography assessments at the middle and high school levels shall be available for use by districts no later than the 2000-01 school year; the arts assessment for middle and high school levels shall be available for use by districts no later than the 2000-01 school year; ((~~and~~)) the health and fitness assessments for middle and high school levels shall be available no later than the 2001-02 school year((.)); and the elementary science assessment shall be available for use by districts not later than the 2001-02 school year, unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements. The commission or the superintendent, as applicable, shall upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted. By December 15, 1998, the commission on student learning shall recommend to the appropriate committees of the legislature a revised timeline for implementing these assessments and when the school districts should be required to participate. All school districts shall be required to participate in the history, civics, geography, arts, health, fitness, and elementary science assessments in the third year after the assessments are available to school districts.

To the maximum extent possible, the commission shall integrate knowledge and skill areas in development of the assessments.

(iv) Assessments for goals three and four of RCW 28A.150.210 shall be integrated in the essential academic learning requirements and assessments for goals one and two. Before the 1997-98 school year, the elementary assessment system in reading, writing, communications, and mathematics shall be optional. School districts that desire to participate before the 1997-98 school year shall notify the commission on student learning in a manner determined by the commission. Beginning in the 1997-98 school year, school districts shall be required to participate in the elementary assessment system for reading, writing, communications, and mathematics. Before the 2000-01 school year, participation by school districts in the middle school and high school assessment system for reading, writing, communications, mathematics, and science shall be optional. School districts that desire to participate before the 1998-99 school year shall notify the commission on student learning in a manner determined by the commission on student learning. Schools that desire to participate after the 1998-99 school year, shall notify the superintendent of public instruction in a manner determined by the superintendent. Beginning in the 2000-01 school year, all school districts shall be required to participate in the assessment system for reading, writing, communications, mathematics, and science.

(v) The commission on student learning may modify the essential academic learning requirements and the assessments ((~~for reading, writing, communications, mathematics, and science~~)), as needed((~~, before June 30, 1999~~)). The commission shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.

(vi) The commission shall develop assessments that are directly related to the essential academic learning requirements, and are not biased toward persons with different learning styles, racial or ethnic backgrounds, or on the basis of gender;

(c) After a determination is made by the state board of education that the high school assessment system has been implemented and that it is sufficiently reliable and valid, successful completion of the high school assessment shall lead to a certificate of mastery. The certificate of mastery shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully mastered the essential academic learning requirements during his or her educational career. The certificate of mastery shall be required for graduation but shall not be the only requirement for graduation. The commission shall make recommendations to the state board of education regarding the relationship between the certificate of mastery and high school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the opportunity to pursue career and educational objectives through educational pathways that emphasize integration of academic and vocational education. Educational pathways may include, but are not limited to, programs such as work-based learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for technical college, community college, or university education. Any middle school, junior high school, or high school using educational pathways shall ensure that all participating students will continue to have access to the courses and instruction necessary to meet admission requirements at baccalaureate institutions. Students shall be allowed to enter the educational pathway of their choice. Before accepting a student into an educational pathway, the school shall inform the student's parent of the pathway chosen, the opportunities available to the student through the pathway, and the career objectives the student will have exposure to while pursuing the pathway. Parents and students dissatisfied with the opportunities available through the selected educational pathway shall be provided with the opportunity to transfer the student to any other pathway provided in the school. Schools may not develop educational pathways that retain students in high school beyond the date they are eligible to graduate, and may not require students who transfer between pathways to complete pathway requirements beyond the date the student is eligible to graduate;

(d) Consider methods to address the unique needs of special education students when developing the assessments in (b) and (c) of this subsection;

(e) Consider methods to address the unique needs of highly capable students when developing the assessments in (b) and (c) of this subsection;

(f) Develop recommendations on the time, support, and resources, including technical assistance, needed by schools and school districts to help students achieve the essential academic learning requirements. These recommendations shall include an estimate for the legislature, superintendent of public instruction, and governor on the expected cost of implementing the academic assessment system;

(g) Develop recommendations for consideration by the higher education coordinating board for adopting college and university entrance requirements for public school students that are consistent with the essential academic learning requirements and the certificate of mastery;

(h) ((Review current school district data reporting requirements for the purposes of accountability and meeting state information needs. The commission on student learning shall report recommendations to the joint select committee on education restructuring by September 15, 1996, on:

(i) What data is necessary to compare how school districts are performing before the essential academic learning requirements and the assessment system are implemented with how school districts are performing after the essential academic learning requirements and the assessment system are implemented; and

~~(ii) What data is necessary pertaining to school district reports under the accountability systems developed by the commission on student learning under this section;~~

~~(i) Recommend to the legislature, governor, state board of education, and superintendent of public instruction:~~

(i) A state-wide accountability system to monitor and evaluate accurately and fairly at elementary, middle, and high schools the level of learning occurring in individual schools and school districts with regard to the goals included in RCW 28A.150.210 (1) through (4). The accountability system must assess each school individually against its own baseline, schools with similar characteristics, and schools state-wide. The system shall include school-site, school district, and state-level accountability reports;

(ii) A school assistance program to help schools and school districts that are having difficulty helping students meet the essential academic learning requirements as measured by performance on the elementary, middle school, and high school assessments;

(iii) A system to intervene in schools and school districts in which significant numbers of students persistently fail to learn the essential academic learning requirements or meet the standards established for the elementary, middle school, and high school assessments; and

(iv) An awards program to provide incentives to school staff to help their students learn the essential academic learning requirements, with each school being assessed individually against its own baseline, schools with similar characteristics, and the state-wide average. Incentives shall be based on the rate of percentage change of students achieving the essential academic learning requirements and progress on meeting the state-wide average. School staff shall determine how the awards will be spent.

The commission shall make recommendations regarding a state-wide accountability system for reading in grades kindergarten through four by November 1, 1997. Recommendations for an accountability system in the other subject areas and grade levels shall be made no later than June 30, 1999)) For purposes of state-wide accountability:

(i) Establish and revise performance goals under RCW 28A.630.887;

(ii) Make recommendations to the superintendent of public instruction regarding the reporting of assessment and other data in accordance with RCW 28A.630.889 and section 702 of this act;

(iii) Review data and make recommendations to the superintendent of public instruction regarding school district and school assistance, recognition, and intervention;

(iv) Hear concerns about interventions; and

(v) Recommend changes to the superintendent and the legislature regarding accountability policy and legislation, as necessary;

((~~(j)~~)) (i) Report annually by December 1st to the legislature, the governor, the superintendent of public instruction, and the state board of education on the progress, findings, and recommendations of the commission; and

((~~(k)~~)) (j) Make recommendations to the legislature and take other actions necessary or desirable to help students meet the student learning goals.

(4) The commission shall coordinate its activities with the state board of education and the office of the superintendent of public instruction.

(5) The commission shall seek advice broadly from the public and all interested educational organizations in the conduct of its work, including holding periodic regional public hearings.

(6) The commission ((~~shall select an entity to provide staff support and~~)) may appoint an executive director and clerical staff to perform the duties in support of the activities of the commission. The office of the superintendent of public instruction shall provide administrative oversight and be the fiscal agent for the commission. The commission may direct the office of the superintendent of public instruction to enter into subcontracts, within the commission's resources, with school districts, teachers, higher education faculty, state agencies, business organizations, and other individuals and organizations to assist the commission in its deliberations.

(7) Members of the commission shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(((8)(a) By September 30, 1997, the commission on student learning, the state board of education, and the superintendent of public instruction shall jointly present recommendations to the education committees of the house of representatives and the senate regarding the high school assessments, the certificate of mastery, and high school graduation requirements.

~~In preparing recommendations, the commission on student learning shall convene an ad hoc working group to address questions, including:~~

~~(i) What type of document shall be used to identify student performance and achievement and how will the document be described?~~

~~(ii) Should the students be required to pass the high school assessments in all skill and content areas, or only in select skill and content areas, to graduate?~~

~~(iii) How will the criteria for establishing the standards for passing scores on the assessments be determined?~~

~~(iv) What timeline should be used in phasing-in the assessments as a graduation requirement?~~

(v) What options may be used in demonstrating how the results of the assessments will be displayed in a way that is meaningful to students, parents, institutions of higher education, and potential employers?

~~(vi) Are there other or additional methods by which the assessments could be used to identify achievement such as endorsements, standards of proficiency, merit badges, or levels of achievement?~~

~~(vii) Should the assessments and certificate of mastery be used to satisfy college or university entrance criteria for public school students? If yes, how should these methods be phased-in?~~

(b) The ad hoc working group shall report its recommendations to the commission on student learning, the state board of education, and the superintendent of public instruction by June 15, 1997. The commission shall report the ad hoc working group's recommendations to the education committees of the house of representatives and senate by July 15, 1997. Final recommendations of the commission on student learning, the state board of education, and the superintendent of public instruction shall be presented to the education committees of the house of representatives and the senate by September 30, 1997.

~~(9) The Washington commission on student learning shall expire on June 30, 1999.~~))

NEW SECTION. Sec. 802. The following acts or parts of acts are each repealed:

(1) 1998 c 225 s 3 (uncodified);

(2) 1995 c 209 s 3 (uncodified); and

(3) 1995 c 209 s 2 & 1992 c 141 s 203 (uncodified).

PART 9

PERFORMANCE INCENTIVE STUDY

NEW SECTION. Sec. 901. The superintendent of public instruction shall conduct a study of performance incentive systems in public education. The study will examine incentive strategies that have been shown to contribute positively to student achievement. Study results shall be reported to all school districts and to the appropriate committees of the legislature by January 15, 2000.

PART 10

CONSOLIDATED PLANNING

NEW SECTION. Sec. 1001. The superintendent of public instruction, in consultation with school district personnel, shall consolidate and streamline the planning, application, and reporting requirements for major state and federal categorical and grant programs. The superintendent also shall take actions to increase the use of online electronic applications and reporting.

PART 11

MISCELLANEOUS

NEW SECTION. Sec. 1101. RCW 28A.300.138 and 1994 c 245 s 1 & 1993 c 336 s 301 are each repealed.

NEW SECTION. Sec. 1102. PART HEADINGS AND SECTION CAPTIONS NOT LAW. Part headings and section captions used in this act are not any part of the law.

NEW SECTION. Sec. 1103. Section 801 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 1104. 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.