BILL REQ. #:  H-0340.2 

Prefiled 12/26/2006. Read first time 01/08/2007.   Referred to Committee on Education.

     AN ACT Relating to establishing a state report card for education; amending RCW 28A.655.061, 28A.655.065, 28A.655.063, and 28A.155.045; 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 accountability for meeting high standards of student achievement should be expected from individual students, schools, school districts, and educators, as well as state officials and the legislature. However, the legislature further finds that the state and the overall system of public schools should be expected to demonstrate that the necessary instruction, support, and resources are being provided to students to enable them to meet the higher standards before consequences are imposed on individual students. Therefore the legislature intends to create the Washington state report card for education based on statewide goals for improving academic achievement, increasing high school graduation, reducing the achievement gap, increasing per pupil funding, and reducing class size. The Washington state report card for education will serve as a mechanism to hold the state and the system of public schools accountable for their performance on the statewide goals, each of which must be reached before students are held individually accountable for their performance on the Washington assessment of student learning.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The Washington state report card for education is comprised of the following statewide goals for the improvement of academic achievement and state support of education for all students in public schools:
     (a) Seventy-five percent of students meet the state standards on the reading, writing, mathematics, and science content areas of the high school Washington assessment of student learning on the first attempt;
     (b) Eighty-five percent of students graduate from high school with a high school diploma within four years of entering the ninth grade;
     (c) Less than a ten percentage point gap exists between the percent of all students and the percent of any subgroup of students who meet the state standards on the reading, writing, mathematics, and science content areas of the high school Washington assessment of student learning on the first attempt. For the purposes of this section, "subgroups of students" is defined as white, Asian/Pacific Islander, American Indian, Hispanic, Black, and low income;
     (d) The statewide average per pupil operating expenditure by Washington state school districts for kindergarten through twelfth grade education, from all revenue sources, exceeds the combined weighted average per pupil operating expenditure for kindergarten through twelfth grade education by school districts in the states of California, Colorado, Connecticut, Maryland, Massachusetts, New Jersey, Virginia, and Washington; and
     (e) The formula adopted by the legislature for distribution of basic education funds under RCW 28A.150.260 reflects the following ratios at a minimum: (i) Seventy-eight certificated instructional staff to one thousand annual average full-time equivalent students enrolled in grades kindergarten through four; and (ii) forty-seven certificated instructional staff to one thousand annual average full-time equivalent students enrolled in grades five through twelve. The legislature assumes that the staffing ratios in this section, adjusted by assumed educational staff associates, specialist teachers, and daily planning and preparation time, provide sufficient resources when combined with student achievement funds under RCW 28A.505.220 to permit a statewide average class size of fifteen students per core classroom teacher in grades kindergarten through four and twenty-five students per core classroom teacher in grades five through twelve.
     (2) The state board of education shall submit a report to the governor, the house of representatives, and the senate by December 1st of each year indicating the performance on each of the goals of the Washington state report card for education for the previous school year.
     (3) For the purposes of this section, "report card year" means the school year in which the state board of education's report under this section indicates that each of the goals of the Washington state report card for education was met or exceeded for the previous school year.
     (4) The graduating class of students whose first attempt at taking the high school Washington assessment of student learning occurs in the report card year shall be the first graduating class required to earn a certificate of academic achievement under RCW 28A.655.061 or a certificate of individual achievement under RCW 28A.155.045 for high school graduation. Each graduating class thereafter must also meet the requirements of RCW 28A.655.061 or 28A.155.045.

Sec. 3   RCW 28A.655.061 and 2006 c 115 s 4 are each amended to read as follows:
     (1) 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 of the assessment in which the student was not successful, and if approved by the legislature pursuant to subsection (((10))) (9) of this section, one or more objective alternative assessments for a student to demonstrate achievement of state academic standards. The objective alternative assessments for each content area shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning for each content area.
     (2) Subject to the conditions in this section and section 2 of this act, a certificate of academic achievement 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. With the exception of students satisfying the provisions of RCW 28A.155.045, acquisition of the certificate is required for graduation from a public high school but is not the only requirement for graduation.
     (3) Beginning with the graduating class ((of 2008)) identified in section 2(4) of this act, with the exception of students satisfying the provisions of RCW 28A.155.045, a student who meets the state standards on the reading, writing, ((and)) mathematics, and science content areas of the high school Washington assessment of student learning shall earn a certificate of academic achievement. If a student does not successfully meet the state standards in one or more content areas required for the certificate of academic achievement, then the student may retake the assessment in the content area up to four times at no cost to the student. If the student successfully meets the state standards on a retake of the assessment then the student shall earn a certificate of academic achievement. Once objective alternative assessments are authorized pursuant to subsection (((10))) (9) of this section, a student may use the objective alternative assessments to demonstrate that the student successfully meets the state standards for that content area if the student has retaken the Washington assessment of student learning at least once. If the student successfully meets the state standards on the objective alternative assessments then the student shall earn a certificate of academic achievement.
     (4) ((Beginning with the graduating class of 2010, a student must meet the state standards in science in addition to the other content areas required under subsection (3) of this section on the Washington assessment of student learning or the objective alternative assessments in order to earn a certificate of academic achievement.
     (5))) The state board of education may not require the acquisition of the certificate of academic achievement for students in home-based instruction under chapter 28A.200 RCW, for students enrolled in private schools under chapter 28A.195 RCW, or for students satisfying the provisions of RCW 28A.155.045.
     (((6))) (5) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
     (((7))) (6) Beginning in ((2006)) the report card year as defined in section 2 of this act, school districts must make available to students the following options:
     (a) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a public school; or
     (b) To retake the Washington assessment of student learning up to four times in the content areas in which the student did not meet the state standards if the student is enrolled in a high school completion program at a community or technical college. 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.
     (((8))) (7) Students who achieve the standard in a content area of the high school assessment but who wish to improve their results shall pay for retaking the assessment, using a uniform cost determined by the superintendent of public instruction.
     (((9) Subject to available funding, the superintendent shall pilot opportunities for retaking the high school assessment beginning in the 2004-05 school year.)) (8) Beginning no later than ((September 2006)) the school year immediately following the report card year as defined in section 2 of this act, opportunities to retake the assessment at least twice a year shall be available to each school district.
     (((10))) (9)(a) The office of the superintendent of public instruction shall develop options for implementing objective alternative assessments, which may include an appeals process, for students to demonstrate achievement of the state academic standards. The objective alternative assessments shall be comparable in rigor to the skills and knowledge that the student must demonstrate on the Washington assessment of student learning and be objective in its determination of student achievement of the state standards. Before any objective alternative assessments in addition to those authorized in RCW 28A.655.065 or (b) of this subsection are used by a student to demonstrate that the student has met the state standards in a content area required to obtain a certificate, the legislature shall formally approve the use of any objective alternative assessments through the omnibus appropriations act or by statute or concurrent resolution.
     (b) A student's score on the mathematics portion of the preliminary scholastic assessment test (PSAT), the scholastic assessment test (SAT), or the American college test (ACT) may be used as an objective alternative assessment under this section for demonstrating that a student has met or exceeded the mathematics standards for the certificate of academic achievement. The state board of education shall identify the scores students must achieve on the mathematics portion of the PSAT, SAT, or ACT to meet or exceed the state standard for mathematics. The state board of education shall identify the first scores by December 1, 2006, and thereafter may increase but not decrease the scores required for students to meet or exceed the state standard for mathematics.
     (((11))) (10) By December 15, 2004, the house of representatives and senate education committees shall obtain information and conclusions from recognized, independent, national assessment experts regarding the validity and reliability of the high school Washington assessment of student learning for making individual student high school graduation determinations.
     (((12))) (11) To help assure continued progress in academic achievement as a foundation for high school graduation and to assure that students are on track for high school graduation, each school district shall prepare plans for students as provided in this subsection (((12))) (11).
     (a) Student learning plans are required for all eighth through twelfth grade students who were not successful on any or all of the content areas of the Washington assessment for student learning during the previous school year. The plan shall include the courses, competencies, and other steps needed to be taken by the student to meet state academic standards and stay on track for graduation. ((This requirement shall be phased in as follows:
     (i) Beginning no later than the 2004-05 school year ninth grade students as described in this subsection (12)(a) shall have a plan.
     (ii) Beginning no later than the 2005-06 school year and every year thereafter eighth grade students as described in this subsection (12)(a) shall have a plan.
     (iii))) (i) The parent or guardian shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, strategies to help them improve their student's skills, and the content of the student's plan.
     (((iv))) (ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.
     (b) ((Beginning with the 2005-06 school year and every year thereafter,)) All fifth grade students who were not successful in one or more of the content areas of the fourth grade Washington assessment of student learning shall have a student learning plan.
     (i) The parent or guardian of a student described in this subsection (((12))) (11)(b) shall be notified, preferably through a parent conference, of the student's results on the Washington assessment of student learning, actions the school intends to take to improve the student's skills in any content area in which the student was unsuccessful, and provide strategies to help them improve their student's skills.
     (ii) Progress made on the student plan shall be reported to the student's parents or guardian at least annually and adjustments to the plan made as necessary.

Sec. 4   RCW 28A.655.065 and 2006 c 115 s 1 are each amended to read as follows:
     (1) The legislature has made a commitment to rigorous academic standards for receipt of a high school diploma. The primary way that students will demonstrate that they meet the standards in reading, writing, mathematics, and science is through the Washington assessment of student learning. Only objective assessments that are comparable in rigor to the state assessment are authorized as an alternative assessment. Before seeking an alternative assessment, the legislature expects students to make a genuine effort to meet state standards, through retaking the Washington assessment of student learning; regular and consistent attendance at school; and participation in extended learning and other assistance programs.
     (2) Under RCW 28A.655.061, beginning in the ((2006-07)) school year immediately following the report card year as defined in section 2 of this act, the superintendent of public instruction shall implement objective alternative assessment methods as provided in this section for students to demonstrate achievement of the state standards in content areas in which the student has not yet met the standard on the high school Washington assessment of student learning. A student may access an alternative if the student meets applicable eligibility criteria in RCW 28A.655.061 and other eligibility criteria established by the superintendent of public instruction, including but not limited to attendance criteria and participation in the remediation or supplemental instruction contained in the student learning plan developed under RCW 28A.655.061. A school district may waive attendance and/or remediation criteria for special, unavoidable circumstances.
     (3) For the purposes of this section, "applicant" means a student seeking to use one of the alternative assessment methods in this section.
     (4) One alternative assessment method shall be a combination of the applicant's grades in applicable courses and the applicant's highest score on the high school Washington assessment of student learning, as provided in this subsection. The superintendent of public instruction shall determine which high school courses are applicable to the alternative assessment method and shall issue guidelines to school districts.
     (a) Using guidelines prepared by the superintendent of public instruction, a school district shall identify the group of students in the same school as the applicant who took the same high school courses as the applicant in the applicable content area. From the group of students identified in this manner, the district shall select the comparison cohort that shall be those students who met or slightly exceeded the state standard on the Washington assessment of student learning.
     (b) The district shall compare the applicant's grades in high school courses in the applicable content area to the grades of students in the comparison cohort for the same high school courses. If the applicant's grades are equal to or above the mean grades of the comparison cohort, the applicant shall be deemed to have met the state standard on the alternative assessment.
     (c) An applicant may not use the alternative assessment under this subsection (4) if there are fewer than six students in the comparison cohort.
     (5) The superintendent of public instruction shall develop an alternative assessment method that shall be an evaluation of a collection of work samples prepared and submitted by the applicant, as provided in this subsection and, for career and technical applicants, the additional requirements of subsection (6) of this section.
     (a) The superintendent of public instruction shall develop guidelines for the types and number of work samples in each content area that may be submitted as a collection of evidence that the applicant has met the state standard in that content area. Work samples may be collected from academic, career and technical, or remedial courses and may include performance tasks as well as written products. The superintendent shall submit the guidelines for approval by the state board of education.
     (b) The superintendent shall develop protocols for submission of the collection of work samples that include affidavits from the applicant's teachers and school district that the samples are the work of the applicant and a requirement that a portion of the samples be prepared under the direct supervision of a classroom teacher. The superintendent shall submit the protocols for approval by the state board of education.
     (c) The superintendent shall develop uniform scoring criteria for evaluating the collection of work samples and submit the scoring criteria for approval by the state board of education. Collections shall be scored at the state level or regionally by a panel of educators selected and trained by the superintendent to ensure objectivity, reliability, and rigor in the evaluation. An educator may not score work samples submitted by applicants from the educator's school district. If the panel awards an applicant's collection of work samples the minimum required score, the applicant shall be deemed to have met the state standard on the alternative assessment.
     (d) Using an open and public process that includes consultation with district superintendents, school principals, and other educators, the state board of education shall consider the guidelines, protocols, scoring criteria, and other information regarding the collection of work samples submitted by the superintendent of public instruction. The collection of work samples may be implemented as an alternative assessment after the state board of education has approved the guidelines, protocols, and scoring criteria and determined that the collection of work samples: (i) Will meet professionally accepted standards for a valid and reliable measure of the grade level expectations and the essential academic learning requirements; and (ii) is comparable to or exceeds the rigor of the skills and knowledge that a student must demonstrate on the Washington assessment of student learning in the applicable content area. The state board shall make an approval decision and determination no later than December 1, 2006, and thereafter may increase the required rigor of the collection of work samples.
     (e) ((By September of 2006)) During the report card year, as defined in section 2 of this act, the superintendent of public instruction shall ((develop)) distribute informational materials for parents, teachers, and students regarding the collection of work samples and the status of its development as an alternative assessment method. The materials shall provide specific guidance regarding the type and number of work samples likely to be required, include examples of work that meets the state learning standards, and describe the scoring criteria and process for the collection. The materials shall also encourage students ((in the graduating class of 2008)) to begin creating a collection if they believe they may seek to use the collection once it is implemented as an alternative assessment.
     (6)(a) For students enrolled in a career and technical education program approved under RCW 28C.04.110, the superintendent of public instruction shall develop additional guidelines for a collection of work samples that evidences that the collection:
     (i) Is relevant to the student's particular career and technical program;
     (ii) Focuses on the application of academic knowledge and skills within the program;
     (iii) Includes completed activities or projects where demonstration of academic knowledge is inferred; and
     (iv) Is related to the essential academic learning requirements and state standards that students must meet to earn a certificate of academic achievement or certificate of individual achievement, but also represents the knowledge and skills that successful individuals in the career and technical field of the approved program are expected to possess.
     (b) To meet the state standard on the alternative assessment under this subsection (6), an applicant must also attain the state or nationally recognized certificate or credential associated with the approved career and technical program.
     (c) The superintendent shall consult with community and technical colleges, employers, the workforce training and education coordinating board, apprenticeship programs, and other regional and national experts in career and technical education to create an appropriate collection of work samples and other evidence of a career and technical student's knowledge and skills on the state academic standards.
     (7) The superintendent of public instruction shall study the feasibility of using existing mathematics assessments in languages other than English as an additional alternative assessment option. The study shall include an estimation of the cost of translating the tenth grade mathematics assessment into other languages and scoring the assessments should they be implemented.
     (8) By the end of the report card year, as defined in section 2 of this act, the superintendent of public instruction shall implement:
     (a) ((By June 1, 2006,)) A process for students to appeal the score they received on the high school assessments; and
     (b) ((By January 1, 2007,)) Guidelines and appeal processes for waiving specific requirements in RCW 28A.655.061 pertaining to the certificate of academic achievement and to the certificate of individual achievement for students who: (i) Transfer to a Washington public school in their junior or senior year with the intent of obtaining a public high school diploma, or (ii) have special, unavoidable circumstances.
     (9) The superintendent of public instruction may adopt rules to implement this section.

Sec. 5   RCW 28A.655.063 and 2006 c 115 s 5 are each amended to read as follows:
     Subject to the availability of funds appropriated for this purpose, school districts shall reimburse students for the cost of taking the tests in RCW 28A.655.061(((10))) (9)(b) when the students take the tests for the purpose of using the mathematics results as an objective alternative assessment.

Sec. 6   RCW 28A.155.045 and 2004 c 19 s 104 are each amended to read as follows:
     Beginning with the graduating class ((of 2008)) identified under section 2 of this act, students served under this chapter, who are not appropriately assessed by the high school Washington assessment system as defined in RCW 28A.655.061, even with accommodations, may earn a certificate of individual achievement. The certificate may be earned using multiple ways to demonstrate skills and abilities commensurate with their individual education programs. The determination of whether the high school assessment system is appropriate shall be made by the student's individual education program team. For these students, the certificate of individual achievement is required for graduation from a public high school, but need not be the only requirement for graduation. When measures other than the high school assessment system as defined in RCW 28A.655.061 are used, the measures shall be in agreement with the appropriate educational opportunity provided for the student as required by this chapter. The superintendent of public instruction shall develop the guidelines for determining which students should not be required to participate in the high school assessment system and which types of assessments are appropriate to use.
     When measures other than the high school assessment system as defined in RCW 28A.655.061 are used for high school graduation purposes, the student's high school transcript shall note whether that student has earned a certificate of individual achievement.
     Nothing in this section shall be construed to deny a student the right to participation in the high school assessment system as defined in RCW 28A.655.061, and, upon successfully meeting the high school standard, receipt of the certificate of academic achievement.