BILL REQ. #:  H-2307.1 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to high school graduation requirements; amending RCW 28A.230.090, 28A.655.030, 28A.655.060, and 28A.655.070; adding a new section to chapter 28A.655 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) Subject to the conditions in this section, successful completion of the high school Washington assessment of student learning in reading, writing, mathematics, and science shall lead to a certificate of academic proficiency. The certificate of academic proficiency shall be obtained by most students at about the age of sixteen, and is evidence that the students have successfully met the state standard in the content areas included in the certificate. The certificate of academic proficiency is required for graduation from a public high school but is not the only requirement for graduation.
     (2) The high school assessment system shall include but need not be limited to the Washington assessment of student learning, opportunities for a student to retake the content areas in which the student was not successful, and one or more alternative means, including an appeals process, for a student to demonstrate achievement of state academic standards.
     (3) Beginning with the graduating class of 2008, successful completion of the reading and mathematics content areas of the high school Washington assessment of student learning is required for graduation from a public high school in the state of Washington and, until the provisions of subsection (4) of this section take effect, shall lead to a certificate of academic proficiency.
     (4) Beginning with the graduating class of 2010, successful completion of the writing and science content areas of the high school Washington assessment of student learning are required for graduation from a public high school in the state of Washington.
     (5) Beginning with the graduating class of 2010, successful completion of the reading, writing, mathematics, and science content areas of the high school Washington assessment of student learning shall lead to a certificate of academic proficiency.
     (6) The state board of education may not require the acquisition of the certificate of academic proficiency for students in home-based instruction under chapter 28A.200 RCW or for students enrolled in private schools under chapter 28A.195 RCW.
     (7) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
     (8) Beginning with the graduating class of 2008, if a student takes the high school assessment but is not successful in one or more content areas required for the certificate of academic proficiency, the student may retake the assessment in that content area one or more times at no cost to the student and may choose one or more of the following options:
     (a) To retake the assessment in that content area at least once in the spring and once in the fall of each year, at a minimum, if the student is enrolled in a public school;
     (b) To retake the assessment in that content area if the student is enrolled in a high school completion program. The superintendent of public instruction and the state board for community and technical colleges shall jointly identify means by which students in these programs can be assessed; or
     (c) To use an alternative means developed and approved by the superintendent of public instruction to demonstrate achievement of the standards for that content area if the student has retaken the assessment in that content area at least once.
     (9) Opportunities for retaking the high school assessment shall begin no later than the spring 2004 administration of the assessment, subject to available funding. Beginning no later than 2006, opportunities to retake the assessment in the fall shall be available in each school district. In addition, subject to available funding, beginning no later than 2006, the results of the spring administration of the assessment shall be available to students, parents, and schools before June 1st of each year.
     (10) Beginning no later than September 1, 2006, subject to available funding, alternative means to demonstrate academic proficiency and an appeal option shall be in place in each school district.
     (11) Beginning no later than September 1, 2006, each school district shall prepare a high school graduation plan for each student in grades eight through twelve who is not successful in one or more content areas of the Washington assessment of student learning for the student's grade level. The plan shall include, but need not be limited to, the courses, competencies, and other steps needed by the student to meet state academic standards and stay on track for graduation. Progress on the plan shall be reported at least once a year to the student and the student's parents or guardian.
     (12)(a) By July 1, 2004, the state board of education shall report to the governor and the house of representatives and senate education committees on whether the high school assessment system in the content areas of reading and mathematics is a sufficiently valid and reliable measure of the essential academic learning requirements to be used to make consistent decisions about whether individual students have met the performance standards related to the essential academic learning requirements and earned a certificate of academic proficiency. In the report, the state board shall recommend any actions necessary to increase the validity and reliability of any assessment system content area that the state board believes is not sufficiently valid and reliable to be used for individual student decisions.
     (b) By December 15, 2005, the state board shall report to the governor and the house of representatives and senate education committees on the readiness of the education system to support the inclusion of the writing and science content areas as graduation requirements for the class of 2010. In the report, the state board shall recommend any actions necessary to increase the validity and reliability of the writing and science content areas if the state board believes that the assessment for writing and science are not yet sufficiently valid and reliable to be used for individual student decisions related to the certificate of academic proficiency.
     (c) In making this determination, the state board shall consider the following for each of the content areas included in the certificate of academic proficiency:
     (i) The validity and reliability of the high school Washington assessment of student learning for the content areas included in the certificate;
     (ii) The availability of retakes;
     (iii) The availability of alternative means by which a student may demonstrate that the student has met the standard; and
     (iv) Other information relevant to ensuring that Washington's students have been given an opportunity to learn the content areas covered by the certificate of academic proficiency.

NEW SECTION.  Sec. 2   (1) Before the results of the 2004 high school assessment of student learning are reported to school districts, the academic achievement and accountability commission shall review and adjust, if necessary, the cut scores needed to meet the high school standards and obtain a certificate of academic proficiency as provided in section 1 of this act. The commission shall include in its review consideration of the use of the standard error of measurement into the decision regarding the award of the certificate of academic proficiency. By November 30, 2004, the commission shall report its decision to the governor, the superintendent of public instruction, and the house of representatives and senate education committees. To assist in its deliberations, the commission shall seek advice from a committee that includes parents, practicing classroom teachers and principals, administrators, staff, and other interested parties.
     (2) The office of the superintendent of public instruction shall develop alternative assessment options, procedures, and criteria, including an appeals process, to help determine whether students who were not successful in one or more of the content areas of the high school assessment can demonstrate that they meet state standards through another objectively evaluated means. In its deliberations, the office shall consult with parents, administrators, practicing classroom teachers including teachers in career and technical education, practicing principals, appropriate agencies, professional organizations, assessment experts, and other interested parties.
     (a) By July 1, 2004, the office shall report its recommendations for alternative assessments and appeals, including possible options, to the governor and the house of representatives and senate education committees.
     (b) By July 1, 2005, subject to available funding, the alternative assessment options shall be available for voluntary use by school districts.
     (3) The office of the superintendent of public instruction shall convene three task forces to provide advice to policymakers on the certificate of academic proficiency graduation requirements. By September 1, 2003, each of the task forces shall provide the office with an initial report on its progress. By November 30, 2003, each of the task forces shall provide a copy of its recommendations to the governor, the superintendent of public instruction, the state board of education, and the house of representatives and senate education committees. In addition:
     (a) One task force shall provide advice on the appropriate application of the certificate of academic proficiency requirement to special education students. The task force shall also recommend one or more ways to acknowledge the accomplishments of students who meet the requirements of the students' individual education plans but who do not earn a certificate of academic proficiency. The task force shall include but need not be limited to parents, administrators, practicing classroom teachers and principals, and representatives of organizations interested in special education, including representatives from nonprofit organizations representing students with a variety of disabilities, special education students, students under five hundred and four plans, and different learners;
     (b) One task force shall provide advice on the appropriate application of the certificate of academic proficiency requirement to students with limited English proficiency. The task force shall also recommend one or more ways to acknowledge the accomplishments of limited English proficient students who meet every state and local graduation requirement except that of the certificate of academic proficiency. The task force shall include but need not be limited to parents, administrators, practicing classroom teachers and principals, and representatives of organizations interested in the education of limited English proficient students;
     (c) One task force shall recommend best practices that schools may use with middle, junior high, and high school students who need additional assistance to meet the requirements of the certificate of academic proficiency. The task force shall include, but need not be limited to district administrators, practicing teachers including teachers in career and technical education, practicing middle and high school principals, parents, counselors, and representatives of organizations interested in special education. The task force shall examine ways that current programs and student counseling efforts can be adjusted to meet student assistance needs and identify additional tools needed by the system for that purpose. The task force also shall examine how the high school graduation plan in section 1(11) of this act could:
     (i) Be developed in consultation with the student and the student's parent or guardian;
     (ii) Address, at a minimum, any courses, competencies, or other steps needed by a student to demonstrate achievement of the state standards for that content area;
     (iii) Be used to help guide a student who meets every graduation requirement except the acquisition of a certificate of academic proficiency; and
     (iv) Include an annual progress report to a student and the student's parents or guardian that might include the steps the student needs to take within the next year to make steady progress toward high school graduation.

Sec. 3   RCW 28A.230.090 and 1997 c 222 s 2 are each amended to read as follows:
     (1) The state board of education shall establish high school graduation requirements or equivalencies for students.
     (a) Any course in Washington state history and government used to fulfill high school graduation requirements is encouraged to include information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state.
     (b) The certificate of academic proficiency requirements under section 1 of this act are required for graduation from a public high school but are not the only requirements for graduation.
     (c) The state board may not require a student plan as a condition for graduation.
     (2) In recognition of the statutory authority of the state board of education to establish and enforce minimum high school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report such findings to the legislature in a timely manner as determined by the state board.
     (3) Pursuant to any requirement for instruction in languages other than English established by the state board of education or a local school district, or both, for purposes of high school graduation, students who receive instruction in American sign language or one or more American Indian languages shall be considered to have satisfied the state or local school district graduation requirement for instruction in one or more languages other than English.
     (4) If requested by the student and his or her family, a student who has completed high school courses before attending high school shall be given high school credit which shall be applied to fulfilling high school graduation requirements if:
     (a) The course was taken with high school students, if the academic level of the course exceeds the requirements for seventh and eighth grade classes, and the student has successfully passed by completing the same course requirements and examinations as the high school students enrolled in the class; or
     (b) The academic level of the course exceeds the requirements for seventh and eighth grade classes and the course would qualify for high school credit, because the course is similar or equivalent to a course offered at a high school in the district as determined by the school district board of directors.
     (5) Students who have taken and successfully completed high school courses under the circumstances in subsection (4) of this section shall not be required to take an additional competency examination or perform any other additional assignment to receive credit. Subsection (4) of this section shall also apply to students enrolled in high school on April 11, 1990, who took the courses before attending high school.
     (6) At the college or university level, five quarter or three semester hours equals one high school credit.

Sec. 4   RCW 28A.655.030 and 2002 c 37 s 1 are each amended to read as follows:
     The powers and duties of the academic achievement and accountability commission shall include, but are not limited to the following:
     (1) For purposes of statewide accountability, the commission shall:
     (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics by subject and grade level as the commission deems appropriate to improve student learning, once assessments in these subjects are required statewide. The goals shall be consistent with student privacy protection provisions of RCW 28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary education act of 1965, as amended. The goals may be established for all students, economically disadvantaged students, limited English proficient students, students with disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The commission may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. ((The goals shall be in addition to any goals adopted in RCW 28A.655.050. The commission may also revise any goal adopted in RCW 28A.655.050.)) The commission shall adopt the goals by rule. However, before each goal is implemented, the commission shall present the goal to the education committees of the house of representatives and the senate for the committees' review and comment in a time frame that will permit the legislature to take statutory action on the goal if such action is deemed warranted by the legislature;
     (b) Identify the scores students must achieve in order to meet the standard on the Washington assessment of student learning and, for high school students, obtain a certificate of academic proficiency. The commission shall also determine student scores that identify levels of student performance below and beyond the standard. The commission shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificate of academic proficiency. The commission shall set such performance standards and levels in consultation with the superintendent of public instruction and after consideration of any recommendations that may be developed by any advisory committees that may be established for this purpose;
     (c) Adopt objective, systematic criteria to identify successful schools and school districts and recommend to the superintendent of public instruction schools and districts to be recognized for two types of accomplishments, student achievement and improvements in student achievement. Recognition for improvements in student achievement shall include consideration of one or more of the following accomplishments:
     (i) An increase in the percent of students meeting standards. The level of achievement required for recognition may be based on the achievement goals established by the legislature under RCW 28A.655.050 and the commission under (a) of this subsection;
     (ii) Positive progress on an improvement index that measures improvement in all levels of the assessment; and
     (iii) Improvements 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.
     When determining the baseline year or years for recognizing individual schools, the commission may use the assessment results from the initial years the assessments were administered, if doing so with individual schools would be appropriate;
     (d) Adopt objective, systematic criteria to identify schools and school districts in need of assistance and those in which significant numbers of students persistently fail to meet state standards. In its deliberations, the commission shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;
     (e) Identify schools and school districts in which state intervention measures will be needed and a range of appropriate intervention strategies, beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies. Beginning no earlier than June 30, 2001, and after the legislature has authorized a set of intervention strategies, at the request of the commission, the superintendent shall intervene in the school or school district and take corrective actions. This chapter does not provide additional authority for the commission or the superintendent of public instruction to intervene in a school or school district;
     (f) Identify performance incentive systems that have improved or have the potential to improve student achievement;
     (g) Annually review the assessment 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 a recommendation to the superintendent of public instruction of any improvements needed to the system;
     (h) Annually report 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. The report may include recommendations of actions to help improve student achievement;
     (i) By December 1, 2000, and by December 1st annually thereafter, report to the education committees of the house of representatives and the senate on the progress that has been made in achieving the reading goal under RCW 28A.655.050 and any additional goals adopted by the commission;
     (j) Coordinate its activities with the state board of education and the office of the superintendent of public instruction;
     (k) Seek advice from the public and all interested educational organizations in the conduct of its work; and
     (l) Establish advisory committees, which may include persons who are not members of the commission;
     (2) Holding meetings and public hearings, which may include regional meetings and hearings;
     (3) Hiring necessary staff and determining the staff's duties and compensation. However, the office of the superintendent of public instruction shall provide staff support to the commission until the commission has hired its own staff, and shall provide most of the technical assistance and logistical support needed by the commission thereafter. The office of the superintendent of public instruction shall 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; and
     (4) Receiving per diem and travel allowances as permitted under RCW 43.03.050 and 43.03.060.

Sec. 5   RCW 28A.655.060 and 2001 2nd sp.s. c 20 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 assessment and 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 members of the state board of education, three 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 governor shall appoint a chair from the commission members, and fill any vacancies in gubernatorial appointments that may occur. 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 statewide 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, 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 and superintendent of public instruction shall develop a statewide academic assessment system for use in the elementary, middle, and high school years designed to determine if each student has learned 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 determined by the commission and the superintendent of public instruction 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 learned the essential academic learning requirements at the appropriate periods in the student's educational development.
     (iii) Assessments measuring the essential academic learning requirements shall be available for voluntary use by school districts and shall be required to be administered by school districts according to the following schedule unless the legislature takes action to delay or prevent implementation of the assessment system and essential academic learning requirements.

Sec. 6   RCW 28A.655.070 and 1999 c 388 s 501 are each amended to read as follows:
     (1) The superintendent of public instruction shall 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, develop student assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the academic achievement and accountability commission.
     (2) The superintendent of public instruction shall periodically revise the essential academic learning requirements, as needed, based on the student learning goals in RCW 28A.150.210. Goals one and two shall be considered primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill areas in the other goals in the essential academic learning requirements.
     (3) In consultation with the academic achievement and accountability commission, the superintendent of public instruction shall maintain and continue to develop and revise a statewide 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 subsection (1) of this section. The academic assessment system shall include:
     (a) A variety of assessment methods, including criterion-referenced and performance-based measures; and
     (b) One or more alternative means, including an appeals process, to demonstrate achievement of the state standards for the high school assessment system.
     (4) 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. In order to assist teachers in their efforts to provide educational support to individual students, including students seeking a certificate of academic proficiency, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts information on classroom-based and other assessments that may provide additional achievement information for individual students.
     (5) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
     (6) 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.
     (7) The superintendent 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.
     (8) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
     (9) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.

NEW SECTION.  Sec. 7   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.

NEW SECTION.  Sec. 8   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.