BILL REQ. #:  Z-1136.1 

Read first time 01/27/2004.   Referred to Committee on Education.

     AN ACT Relating to alignment of state and federal educational accountability systems; amending RCW 28A.300.040, 28A.655.030, and 28A.655.010; and adding a new section to chapter 28A.300 RCW.

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

Sec. 1   RCW 28A.300.040 and 1999 c 348 s 6 are each amended to read as follows:
     In addition to any other powers and duties as provided by law, the powers and duties of the superintendent of public instruction shall be:
     (1) To have supervision over all matters pertaining to the public schools of the state;
     (2) To report to the governor and the legislature such information and data as may be required for the management and improvement of the schools;
     (3) To prepare and have printed such forms, registers, courses of study, rules for the government of the common schools, and such other material and books as may be necessary for the discharge of the duties of teachers and officials charged with the administration of the laws relating to the common schools, and to distribute the same to educational service district superintendents;
     (4) To travel, without neglecting his or her other official duties as superintendent of public instruction, for the purpose of attending educational meetings or conventions, of visiting schools, of consulting educational service district superintendents or other school officials;
     (5) To prepare and from time to time to revise a manual of the Washington state common school code, copies of which shall be provided in such numbers as determined by the superintendent of public instruction at no cost to those public agencies within the common school system and which shall be sold at approximate actual cost of publication and distribution per volume to all other public and nonpublic agencies or individuals, said manual to contain Titles 28A and 28C RCW, rules related to the common schools, and such other matter as the state superintendent or the state board of education shall determine. Proceeds of the sale of such code shall be transmitted to the public printer who shall credit the state superintendent's account within the state printing plant revolving fund by a like amount;
     (6) To act as ex officio member and the chief executive officer of the state board of education;
     (7) To file all papers, reports and public documents transmitted to the superintendent by the school officials of the several counties or districts of the state, each year separately. Copies of all papers filed in the superintendent's office, and the superintendent's official acts, may, or upon request, shall be certified by the superintendent and attested by the superintendent's official seal, and when so certified shall be evidence of the papers or acts so certified to;
     (8) To require annually, on or before the 15th day of August, of the president, manager, or principal of every educational institution in this state, a report as required by the superintendent of public instruction; and it is the duty of every president, manager or principal, to complete and return such forms within such time as the superintendent of public instruction shall direct;
     (9) To keep in the superintendent's office a record of all teachers receiving certificates to teach in the common schools of this state;
     (10) To issue certificates as provided by law;
     (11) To keep in the superintendent's office at the capital of the state, all books and papers pertaining to the business of the superintendent's office, and to keep and preserve in the superintendent's office a complete record of statistics, as well as a record of the meetings of the state board of education;
     (12) With the assistance of the office of the attorney general, to decide all points of law which may be submitted to the superintendent in writing by any educational service district superintendent, or that may be submitted to the superintendent by any other person, upon appeal from the decision of any educational service district superintendent; and the superintendent shall publish his or her rulings and decisions from time to time for the information of school officials and teachers; and the superintendent's decision shall be final unless set aside by a court of competent jurisdiction;
     (13) To administer oaths and affirmations in the discharge of the superintendent's official duties;
     (14) To deliver to his or her successor, at the expiration of the superintendent's term of office, all records, books, maps, documents and papers of whatever kind belonging to the superintendent's office or which may have been received by the superintendent's for the use of the superintendent's office;
     (15) To administer family services and programs to promote the state's policy as provided in RCW 74.14A.025;
     (16)(a) To intervene at the request of the academic achievement and accountability commission in school districts that meet the following criteria:
     (i) School districts that are served under Title I of the federal elementary and secondary education act of 1965, as amended, and in which a significant proportion of students persistently do not meet state academic standards; or
     (ii) School districts that did not carry out their responsibilities under subsection (b) of section 1116 of P.L. 107-110, the no child left behind act of 2001.
     (b) The superintendent shall determine, in consultation with affected school districts, the interventions that are appropriate and that are in compliance with state law to assist the school district in removing obstacles and providing support to make the necessary changes to achieve improvement in student academic performance. Intensity of interventions shall represent graduated levels of interventions as identified in RCW 28A.655.010(5);
     (17) To perform such other duties as may be required by law.

Sec. 2   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 determine student scores that identify levels of student performance below and beyond the standard. 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. 3   RCW 28A.655.010 and 1993 c 336 s 201 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW ((28A.630.885)) 28A.655.030, 28A.655.060, 28A.300.040, and 28A.300.130.
     (1) (("Commission" means the commission on student learning created in RCW 28A.630.885.
     (2))) "Student learning goals" ((mean[s])) means the goals established in RCW 28A.150.210.
     (((3))) (2) "Essential academic learning requirements" means more specific academic and technical skills and knowledge, based on the student learning goals, as determined under RCW ((28A.630.885)) 28A.655.060(3)(a). Essential academic learning requirements shall not limit the instructional strategies used by schools or school districts or require the use of specific curriculum.
     (((4))) (3) "Performance standards" or "standards" means the criteria used to determine if a student has successfully learned the specific knowledge or skill being assessed as determined under RCW ((28A.630.885)) 28A.655.060(3)(b). The standards should be set at internationally competitive levels.
     (((5))) (4) "Assessment system" or "student assessment system" means a series of assessments used to determine if students have successfully learned the essential academic learning requirements. The assessment system shall be developed under RCW ((28A.630.885)) 28A.655.060(3)(b).
     (5) "Intervene" or "state intervention measures" means any of the actions listed in (a) through (g) of this subsection taken by the superintendent of public instruction in a school district or in a school in consultation with the school district in which a significant proportion of students persistently do not meet state academic standards. Interventions described in (a) through (c) of this subsection are deemed initial interventions and include the interventions designed to assist the school district in removing obstacles that are preventing improvements. Initial interventions shall be implemented when interventions are required. If a significant proportion of students continue to fail to meet standards, interventions in (d) through (g) of this subsection shall be implemented as appropriate.
     (a) Jointly develop a school district or specific school performance agreement after completing an educational audit that targets improvements needed to support an increase in students meeting state academic standards;
     (b) Instituting and fully implementing a new curriculum in a specific content area that is based on state and local academic content and achievement standards;
     (c) Providing appropriate professional development based on scientifically based research for all relevant staff, that offers substantial promise of improving educational achievement for low-achieving students;
     (d) Deferring programmatic funds or reducing administrative funds;
     (e) Working in consultation with the local school board, replacing the school district personnel who are relevant to the failure to make adequate yearly progress;
     (f) Working in consultation with the local school board, removing particular schools from the jurisdiction of the school district and establishing alternative arrangements for public governance and supervision of such schools;
     (g) Working in consultation with the local school board, restructuring the school district.
     (6) "Performance-based education system" means an education system in which a significantly greater emphasis is placed on how well students are learning, and significantly less emphasis is placed on state-level laws and rules that dictate how instruction is to be provided. The performance-based education system does not require that schools use an outcome-based instructional model. Decisions regarding how instruction is provided are to be made, to the greatest extent possible, by schools and school districts, not by the state.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.300 RCW to read as follows:
     The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this act.

NEW SECTION.  Sec. 5   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.