BILL REQ. #:  H-4026.1 

Read first time 01/20/2004.   Referred to Committee on Education.

     AN ACT Relating to transforming state and local educational systems to meet adequate yearly progress; amending RCW 28A.150.210, 28A.655.060, and 28A.410.210; 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 states 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.

Sec. 2   RCW 28A.150.210 and 1993 c 336 s 101 are each amended to read as follows:
     The goal of the Basic Education Act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:
     (1) Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and settings that respect and value the diversity among all people;
     (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; geography; arts; and health and fitness in ways that are culturally inclusive;
     (3) Think analytically, logically, and creatively in a cross-cultural and appropriate manner, and to integrate experience and knowledge to form reasoned judgments and solve problems; ((and))
     (4) Understand the importance of work and how performance, effort, ((and)) decisions, and effective interpersonal communication with diverse people directly affect future career and educational opportunities; and
     (5) Understand, accept, and demonstrate the value of various cultures and heritages; become responsible and respectful citizens in multicultural settings; and use one's cultural knowledge as a foundation to achieve personal and academic success.

Sec. 3   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 reestablished. The primary purposes of reestablishing 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 revised membership of the reestablished commission shall include three members of the state board of education, ((three)) five members appointed by the governor before July 1, ((1992)) 2004, and ((five)) three members appointed no later than June 1, ((1993)) 2005, by the governor elected in the November ((1992)) 2004 election. The governor shall appoint a chair from the reestablished 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, the Washington multiethnic think tank, educators, business leaders, and parents shall be represented, and nominations from statewide education, business, multiethnic think tank, 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 reestablished commission to ensure that the objectives of the reestablished commission are achieved.
     (2) The reestablished commission shall establish advisory committees. Membership of the advisory committees shall include, but not necessarily be limited to, professionals from Washington's multiethnic think tank, 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 reestablished commission, with the assistance of the advisory committees, shall:
     (a) ((Develop)) Revise essential academic learning requirements based on the student learning goals in RCW 28A.150.210. Essential academic learning requirements shall integrate multicultural and technological learning objectives and 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)) revised no later than March 1, ((1995)) 2005. 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)) revised no later than March 1, ((1996)) 2006. Essential academic learning requirements for RCW 28A.150.210(5), goal five, shall be completed no later than March 1, 2006. To the maximum extent possible, the reestablished commission shall integrate goals four and five and the knowledge and skill areas in the other goals in the development of the essential academic learning requirements;
     (b)(i) The reestablished 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 provide alternative measuring tools to assess student academic achievement and 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 reestablished 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. 4   RCW 28A.410.210 and 2000 c 39 s 103 are each amended to read as follows:
     The Washington professional educator standards board shall:
     (1) Serve as an advisory body to the superintendent of public instruction and as the sole advisory body to the state board of education on issues related to educator recruitment, hiring, preparation, certification including high quality alternative routes to certification, mentoring and support, culturally and linguistically responsive professional growth, retention, governance, prospective teacher pedagogy assessment, prospective principal assessment, educator evaluation including but not limited to peer evaluation, recruitment and retention of racial and ethnic minorities, and revocation and suspension of licensure;
     (2) Submit annual reports and recommendations, beginning December 1, 2000, to the governor, the education and fiscal committees of the legislature, the state board of education, ((and)) the superintendent of public instruction, and the Washington multiethnic think tank concerning duties and activities within the board's advisory capacity. The Washington professional educator standards board shall submit a separate report by December 1, ((2000)) 2010, to the governor, the education and fiscal committees of the legislature, the state board of education, ((and)) the superintendent of public instruction, and the Washington multiethnic think tank providing recommendations for at least two high quality alternative routes to teacher certification that reflect the need for recruitment and retention of ethnic minorities. In its deliberations, the board shall consider at least one route that permits persons with substantial subject matter expertise to achieve residency certification through an on-the-job training program provided by a school district; and
     (3) Establish the culturally and linguistically responsive prospective teacher assessment system for basic skills and subject knowledge that shall be required to obtain residency certification pursuant to RCW 28A.410.220 through 28A.410.240.