BILL REQ. #:  H-0544.1 

Read first time 01/24/2007.   Referred to Committee on Education.

     AN ACT Relating to creating a school and school district accountability system that provides for progressive interventions for schools and school districts that fail to meet academic standards; amending RCW 28A.305.130; and adding new sections to chapter 28A.305 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.305 RCW to read as follows:
     (1) The state board of education shall adopt:
     (a) A comprehensive set of objective improvement standards that schools and school districts must meet annually that are in addition to the standards established by the federal no child left behind act of 2001;
     (b) An objective, systematic set of criteria to identify consistently high performing schools that show exemplary progress with respect to meeting state and federal academic standards and a system of monetary and nonmonetary rewards for such schools; and
     (c) A program of progressive interventions for schools or school districts that fail to meet the annual improvement standards adopted by the board pursuant to (a) of this subsection.
     (2) By December 1, 2007, the board shall report to the K-12 education committees of the house of representatives and the senate regarding the objective improvement standards, criteria for consistently high performing schools, monetary and nonmonetary rewards, and program of progressive interventions the board has adopted as required by subsection (1) of this section.
     (3) If approved by the legislature, the board shall implement the objective improvement standards, criteria for consistently high performing schools, rewards, and program of progressive interventions no later than September 1st following the legislature's approval.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.305 RCW to read as follows:
     (1) The program of progressive interventions adopted by the board under section 1 of this act shall require that if a school or school district fails for six consecutive years to meet federal academic standards or fails for four consecutive years to meet state academic standards adopted by the board, the educational service district within which the school or school district is located shall take control of all functions of the school or school district. For purposes of this section, such a school or school district shall be referred to as an "annexed school" or an "annexed school district."
     (a) The educational service district shall retain control of the annexed school or annexed school district until the school or school district meets state and federal standards for six consecutive years.
     (b) The board's program of progressive interventions shall include a plan for reinstating local control of the annexed school or annexed school district when the school or school district meets state and federal standards for six consecutive years.
     (2) The program of progress interventions adopted by the board shall provide the educational service district with broad powers to manage and operate an annexed school or annexed school district placed under the educational service district's control pursuant to subsection (1) of this section. Such powers include but are not limited to:
     (a) Modifying existing budgets and creating new budgets;
     (b) Adopting, deleting, and modifying curricula, standards, and assessments, to the extent allowed by law; and
     (c) Entering into, terminating, and amending existing and new contracts, including employment contracts, to the extent allowed by law.
     (3) An educational service district that takes control of an annexed school or annexed school district pursuant to subsection (1) of this section is, to the extent allowed by law, exempt from all state statutes and rules applicable to schools, school districts, and school district boards of directors, including but not limited to statutes and rules regarding expenditure of state allocations, except for:
     (a) Health, safety, and civil rights requirements for school districts or schools; and
     (b) Those statutes and rules made specifically applicable to educational service districts that take control of a school or school district.
     (4) The board's program of progressive interventions applies retroactively from the date the board first implements the program. For purposes of this section, a school or school district is considered to have failed to meet state academic standards for the total number of consecutive years that the superintendent of public instruction has identified the school or school district as failing to make adequate yearly progress immediately preceding implementation of the board's program.
     (5) In its report required under section 1 of this act, the state board of education shall identify:
     (a) What additional resources the board anticipates an educational service district will require to effectively take control of and manage an annexed school or annexed school district; and
     (b) A process for the educational service district that takes control of an annexed school or annexed school district:
     (i) To identify what additional resources, if any, the educational service district needs in a particular situation to bring the annexed school or annexed school district to state and federal academic standards; and
     (ii) To request funding for such resources from the state.

Sec. 3   RCW 28A.305.130 and 2006 c 263 s 102 are each amended to read as follows:
     The purpose of the state board of education is to provide advocacy and strategic oversight of public education; implement a standards-based accountability system to improve student academic achievement and to improve school and school district performance; provide leadership in the creation of a system that personalizes education for each student and respects diverse cultures, abilities, and learning styles; and promote achievement of the goals of RCW 28A.150.210. In addition to any other powers and duties as provided by law, the state board of education shall:
     (1) Hold regularly scheduled meetings at such time and place within the state as the board shall determine and may hold such special meetings as may be deemed necessary for the transaction of public business;
     (2) Form committees as necessary to effectively and efficiently conduct the work of the board;
     (3) Seek advice from the public and interested parties regarding the work of the board;
     (4) For purposes of statewide accountability:
     (a) Adopt and revise performance improvement goals in reading, writing, science, and mathematics, by subject and grade level, once assessments in these subjects are required statewide; academic and technical skills, as appropriate, in secondary career and technical education programs; and student attendance, as the board deems appropriate to improve student learning. 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, or the requirements of the Carl D. Perkins vocational education act of 1998, each 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 board may establish school and school district goals addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The board shall adopt the goals by rule. However, before each goal is implemented, the board 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, to obtain a certificate of academic achievement. The board shall also determine student scores that identify levels of student performance below and beyond the standard. The board shall consider the incorporation of the standard error of measurement into the decision regarding the award of the certificates. The board 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. The initial performance standards and any changes recommended by the board in the performance standards for the tenth grade assessment shall be presented to the education committees of the house of representatives and the senate by November 30th of the school year in which the changes will take place to permit the legislature to take statutory action before the changes are implemented if such action is deemed warranted by the legislature. The legislature shall be advised of the initial performance standards and any changes made to the elementary level performance standards and the middle school level performance standards;
     (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 and by the board 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 board 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 board shall consider the use of all statewide mandated criterion-referenced and norm-referenced standardized tests;
     (e) Adopt a system of progressive interventions as required by section 1 of this act and, after the legislature has authorized a set of interventions, identify on a continuing basis schools and school districts in which state intervention measures ((will be)) are needed ((and a range of appropriate intervention strategies after the legislature has authorized a set of intervention strategies. After the legislature has authorized a set of intervention strategies, at the request of the board, the superintendent shall intervene in the school or school district and take corrective actions)). This chapter does not provide additional authority for the board or the superintendent of public instruction, beyond that authority specifically provided by this section or section 1 or 2 of this act, 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) Adopt a system of monetary and nonmonetary rewards for schools that show exemplary progress with respect to meeting state and federal academic standards and, if the system is approved by the legislature, identify on a continuing basis schools and school districts for which such rewards are warranted;
     (h) 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; and
     (((h))) (i) Include in the biennial report required under RCW 28A.305.035, information on the progress that has been made in achieving goals adopted by the board;
     (5) Accredit, subject to such accreditation standards and procedures as may be established by the state board of education, all private schools that apply for accreditation, and approve, subject to the provisions of RCW 28A.195.010, private schools carrying out a program for any or all of the grades kindergarten through twelve: PROVIDED, That no private school may be approved that operates a kindergarten program only: PROVIDED FURTHER, That no private schools shall be placed upon the list of accredited schools so long as secret societies are knowingly allowed to exist among its students by school officials;
     (6) Articulate with the institutions of higher education, work force representatives, and early learning policymakers and providers to coordinate and unify the work of the public school system;
     (7) Hire an executive director and an administrative assistant to reside in the office of the superintendent of public instruction for administrative purposes. Any other personnel of the board shall be appointed as provided by RCW 28A.300.020. The executive director, administrative assistant, and all but one of the other personnel of the board are exempt from civil service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW; and
     (8) Adopt a seal that shall be kept in the office of the superintendent of public instruction.