BILL REQ. #:  H-2306.1 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to the learning assistance program; adding new sections to chapter 28A.165 RCW; and repealing RCW 28A.165.010, 28A.165.012, 28A.165.030, 28A.165.040, 28A.165.050, 28A.165.060, 28A.165.070, 28A.165.080, and 28A.165.090.

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

NEW SECTION.  Sec. 1   FINDINGS--INTENT. The legislature finds that many students do not meet the state achievement standards in the basic skills areas of reading, writing, and mathematics. Research indicates that it is possible to close the achievement gap between those assessed as below standard and those assessed as at or above standard by providing students with rigorous academic coursework coupled with effective instructional strategies and additional learning time. Research also indicates that there is a clear pattern between student achievement and socioeconomic status and that many of the students achieving below standard are in schools with high concentrations of poverty. It is the legislature's intent to assist school districts in meeting the needs of underachieving students who must have their achievement accelerated to close the achievement gap and ultimately meet state basic skills standards. It also is the intent of the legislature to align school district and individual school plans to promote comprehensive efforts to improve student performance and close the achievement gap.

NEW SECTION.  Sec. 2   PURPOSE. The learning assistance program requirements in this chapter are designed to: (1) Assist school districts in understanding the nature of their achievement gaps; and (2) guide school districts in providing the most effective and efficient practices in implementation of their program. Further, this chapter provides the means by which a school district becomes eligible for learning assistance program funds.

NEW SECTION.  Sec. 3   DEFINITIONS. Unless the context clearly indicates otherwise the definitions in this section apply throughout this chapter.
     (1) "Achievement gap" means the disparity in achievement scores among traditionally underachieving groups of students.
     (2) "Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.
     (3) "Basic skills areas" means reading, writing, and mathematics as well as readiness associated with these skills.
     (4) "Basic skills assessments" means one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.
     (5) "Participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on basic skills assessments and who is identified in the approved plan to receive services.
     (6) "Underachieving students" means students with the greatest academic deficits in basic skills as identified by basic skills assessments.

NEW SECTION.  Sec. 4   PROGRAM PLAN. A participating school district shall annually submit by July 1st the district's plan for using learning assistance funds to the office of the superintendent of public instruction for approval. For the 2003-04 school year, school districts must identify the program activities to be implemented from section 5 of this act and are encouraged to implement the elements in subsections (1) through (8) of this section. Beginning in the 2004-05 school year, the program plan must identify the program activities to be implemented from section 5 of this act and implement all of the elements in subsections (1) through (8) of this section.
     Each school district applying for learning assistance program funds shall describe the use of these funds within the district's plan to support underachieving students, and may include individual school improvement plans. The school district plan shall include the following:
     (1) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and P.L. 107-110;
     (2) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities;
     (3) How accelerated learning plans are developed and implemented for participating students, including:
     (a) Achievement goals for the students;
     (b) Roles of the student, parents, or guardians and teachers in the plan;
     (c) Communication procedures regarding student accomplishment; and
     (d) Plan reviews and adjustments processes;
     (4) How state level and classroom assessments are used to inform instruction;
     (5) How focused and intentional instructional strategies have been identified and implemented;
     (6) How highly qualified instructional staff are developed and supported in the program and in participating schools;
     (7) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's plan to support underachieving students; and
     (8) How a program evaluation will be conducted to determine direction for the following school year.

NEW SECTION.  Sec. 5   PROGRAM ACTIVITIES. Use of best practices magnifies the opportunities for student success. The following are services and activities that may be supported by the learning assistance program:
     (1) Extended learning time opportunities occurring:
     (a) Before or after the regular school day;
     (b) On Saturday; and
     (c) Beyond the regular school year;
     (2) Professional development for certificated and classified staff that focuses on:
     (a) The needs of a diverse student population;
     (b) Specific literacy and mathematics content and instructional strategies; and
     (c) The use of student work to guide effective instruction;
     (3) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students;
     (4) Tutoring support for participating students; and
     (5) Outreach activities and support for parents of participating students.

NEW SECTION.  Sec. 6   TECHNICAL ASSISTANCE. (1) The superintendent of public instruction shall provide a varying level of technical assistance to school districts based on their trends over time in student reading and mathematics achievement.
     (2) The superintendent shall provide technical assistance that includes an offer of school improvement assistance to school districts for district schools that fail to meet state academic improvement goals for three consecutive years.
     (3) The superintendent shall offer, and school districts shall accept, school improvement assistance for schools that fail to meet state academic improvement goals for five or more consecutive years.
     (4) School improvement assistance shall include but need not be limited to an educational audit of schools that meet the criteria in subsections (2) and (3) of this section, and performance agreements between the district and the superintendent of public instruction to implement the recommendations of the audit and of the community the school serves. Each educational audit shall include recommendations for best practices and ways to address identified needs. It shall be presented to the community in a public meeting to seek input on ways to implement the audit and its recommendations.

NEW SECTION.  Sec. 7   FUNDS--ELIGIBILITY--DISTRIBUTION. Each school district that submitted a program plan pursuant to section 4 of this act is 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 distribute funds appropriated for the learning assistance program in accordance with the biennial appropriations act. The distribution formula, which is for district allocation purposes only, shall be based on a poverty factor.

NEW SECTION.  Sec. 8   MONITORING. To ensure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every four years. Individual student records shall be maintained at the school district.

NEW SECTION.  Sec. 9   RULES. The superintendent of public instruction shall adopt rules in accordance with chapter 34.05 RCW that the superintendent deems necessary to implement this chapter.

NEW SECTION.  Sec. 10   CAPTIONS NOT LAW. Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 11   The following acts or parts of acts are each repealed:
     (1) RCW 28A.165.010 (Intent) and 1989 c 233 s 1 & 1987 c 478 s 1;
     (2) RCW 28A.165.012 (Program created) and 1987 c 478 s 2;
     (3) RCW 28A.165.030 (Definitions) and 1999 c 78 s 1, 1990 c 33 s 148, & 1987 c 478 s 3;
     (4) RCW 28A.165.040 (Application for state funds -- Needs assessment -- Plan) and 1990 c 33 s 149, 1989 c 233 s 2, & 1987 c 478 s 4;
     (5) RCW 28A.165.050 (Identification of students -- Coordination of use of funds) and 1987 c 478 s 5;
     (6) RCW 28A.165.060 (Services or activities under program) and 1989 c 233 s 3 & 1987 c 478 s 6;
     (7) RCW 28A.165.070 (Eligibility for funds -- Distribution of funds--Development of allocation formula) and 1995 1st sp.s. c 13 s 1, 1993 sp.s. c 24 s 520, 1990 c 33 s 150, & 1987 c 478 s 7;
     (8) RCW 28A.165.080 (Monitoring) and 1990 c 33 s 151 & 1987 c 478 s 8; and
     (9) RCW 28A.165.090 (Rules) and 1990 c 33 s 152 & 1987 c 478 s 9.

NEW SECTION.  Sec. 12   Sections 1 through 10 of this act are each added to chapter 28A.165 RCW.