BILL REQ. #:  H-4878.1 

READ FIRST TIME 02/06/04.   

     AN ACT Relating to transforming state and local educational systems to meet adequate yearly progress; amending RCW 28A.655.070 and 28A.655.090; adding a new section to chapter 28A.655 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that on January 8, 2002, President George Bush signed the no child left behind act of 2001, reauthorizing and amending federal education programs established under the elementary and secondary education act of 1965. The legislature further finds that the major focus of the no child left behind act is to provide all children with a fair, equal, and significant opportunity to obtain a high-quality education. In response to the no child left behind legislation, Washington has developed a single statewide accountability system that is required to ensure that: All K-12 public school students are included in the state assessment system; at least ninety-five percent of the students enrolled in the tested grades are assessed; all student groups reach the state's proficiency level in reading and mathematics by 2013-14; schools and districts that do not meet the state's adequate yearly progress requirements are identified as needing improvement.
     The legislature finds that in 2003 over one-third of school districts in Washington did not make adequate yearly progress and more dramatically, the state, itself, did not meet its adequate yearly progress goal overall. The legislature finds that failure to meet this goal was most apparent with students from the historically marginalized groups such as African-American, American Indian/Alaskan Native, Hispanic-American, special education, English language learners, and low socio-economic status.
     The legislature further finds that the office of the superintendent of public instruction's comprehensive research entitled, Addressing the Achievement Gap: A Challenge for Washington State Educators (November, 2002) concludes that, low-income and minority students encounter fewer opportunities to learn, inadequate instruction and support, and lower expectations from their schools and teachers. Research has also pointed out that schools are more reflective of white, middle-class society. This can lead to a disconnect between students who come from different cultures and family conditions and the traditional school structure and expectations.
     The legislature recognizes that the multiethnic think tank, brought together by the superintendent of public instruction under the unity project, identifies five contributing factors to inequitable education: The existing euro-centric paradigm; the cultural biases of the testing instruments; the socio-economic disparities; postsecondary education and work force ramifications; and insufficient data collection and reporting.
     The legislature also recognizes that the national association of state boards of education reports that: Disproportionate numbers of students of color are placed in special education and other lower-track programs; students of color get a lower-level curriculum; most students do not get a full curriculum that presents a complete picture of diverse contributions to the American way of life; diverse learning styles are not addressed in many schools; and schools do not encourage students to engage in cultural inquiry based on shared values.
     The legislature acknowledges that the Washington state school directors association reports that: Serious attention must be given to creating learning environments that are intolerant of racism and exclusion and in which high expectations are held for all students; curriculum and teaching practices must recognize differences in ethnicity, language, and culture and teachers must be skilled in teaching students unlike themselves; and in order to close the achievement gap, there must be understanding of the impact of language, culture, race, and poverty on student achievement.
     The legislature finds that the social, economic, and psychological fallout from failure to meet adequate yearly progress threatens all levels of our society and its stability. The legislature intends to transform systems to enable the state and school districts to meet adequate yearly progress, particularly with historically marginalized students.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The superintendent of public instruction shall convene a work group to:
     (a) Review, evaluate, and recommend refinements to the essential academic learning requirements and grade level expectations for learning goals one through four in RCW 28A.150.210 to ensure that the requirements and expectations respect and value the diversity among all people, and that all students learn to effectively live and communicate with diverse people in cross-culturally appropriate ways;
     (b) Make recommendations on whether a new learning goal is necessary to ensure that all students are able to understand, accept, and demonstrate the value of various cultures and heritages; become responsible and respectful citizens in multicultural settings; and use their cultural knowledge as a foundation to achieve personal and academic success;
     (c) Advise the superintendent on the types of assessments or other strategies that have been found to be valid and reliable with persons of different learning styles based on race, culture, gender, and disability and that should be used to determine student achievement of any new or revised learning goals that may be developed as a result of the work group's recommendations;
     (d) Make recommendations on the minimum number of students that should be included in a subgroup for which scores are separately reported for state purposes;
     (e) Make recommendations on a set of effective strategies and best practices that districts may use to eliminate the achievement gap among children in subgroups for which scores are separately reported under the no child left behind act of 2001. The superintendent of public instruction shall post on the agency's web site, information on the strategies and best practices identified by the work group;
     (f) Make recommendations on ways to ensure that teacher preparation programs and professional development opportunities provide new and experienced teachers with the knowledge and skill to work effectively and respectfully with students with diverse learning styles based on the students' race, culture, gender, and disability;
     (g) Make recommendations on effective strategies to recruit and retain teachers from racial and ethnic minorities; and
     (h) Report their findings and recommendations on (a) through (g) of this subsection to the governor, the legislative education committees, the superintendent's multiethnic think tank, the academic achievement and accountability commission, the professional educator standards board, and the state board of education by October 5, 2006.
     (2) The work group shall include, but need not be limited to: Educators, including educators who work primarily with children in one or more of the subgroups for which scores are separately reported under the no child left behind act of 2001; members of the superintendent's multiethnic think tank; parents of children who are in each of the subgroups for which scores are separately reported under the no child left behind act of 2001; principals; administrators; school directors; and members of organizations representing employees and employers. The work group shall proportionately reflect the subgroups that are not meeting the requirements for adequate yearly progress under federal law.
     (3) During its deliberations, the work group shall consult widely with organizations and agencies concerned with the educational achievement of children in each of the subgroups for which scores are separately reported under the no child left behind act of 2001, the Washington state commissions on African-American affairs, Asian Pacific American affairs, and Hispanic affairs, the multiethnic think tank, the Washington association of multicultural education, the first peoples' language/culture committee, and other interested parties.

Sec. 3   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, in consultation with educators, parents, and others, including persons concerned with the educational achievement of children in each of the subgroups for which scores are separately reported under the no child left behind act of 2001, 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, educators, parents, and others, including persons concerned with the educational achievement of children in each of the subgroups for which scores are separately reported under the no child left behind act of 2001, 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 variety of assessment methods, including criterion-referenced and performance-based measures.
     (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.
     (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.

Sec. 4   RCW 28A.655.090 and 1999 c 388 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 report to schools, school districts, and the legislature on the results of the Washington assessment of student learning and state-mandated norm-referenced standardized tests.
     (2) The reports shall include the assessment results by school and school district, and include changes over time. For the Washington assessment of student learning, results shall be reported as follows:
     (a) The percentage of students meeting the standards, including students as a whole, and students by subgroups as required under the no child left behind act of 2001;
     (b) The percentage of students performing at each level of the assessment; and
     (c) 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) The reports shall contain data regarding the different characteristics of schools, such as poverty levels, percent of English as a second language students, dropout rates, attendance, percent of students in special education, and student mobility so that districts and schools can learn from the improvement efforts of other schools and districts with similar characteristics.
     (4) The reports shall contain student scores on mandated tests by comparable Washington schools of similar characteristics.
     (5) The reports shall contain information on public school choice options available to students, including vocational education.
     (6) The reports shall be posted on the superintendent of public instruction's internet web site.
     (7) 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 statewide data files until the superintendent determines that the data are complete and accurate.
     (8) 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.