BILL REQ. #:  H-2980.1 

READ FIRST TIME 03/12/07.   

     AN ACT Relating to a system of standards, instruction, and assessments for mathematics and science; amending RCW 28A.655.061, 28A.155.045, 28A.655.070, and 28A.655.200; adding new sections to chapter 28A.655 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) The legislature maintains a strong commitment to high expectations and high academic achievement for all students. The legislature finds that Washington schools and students are making significant progress in improving achievement in reading and writing. Schools are adapting instruction and providing remediation for students who need additional assistance. Reading and writing are being taught across the curriculum. Therefore, the legislature does not intend to make changes to the Washington assessment of student learning or high school graduation requirements in reading and writing.
     (2) However, students are having difficulty improving their academic achievement in mathematics and science, particularly as measured by the high school Washington assessment of student learning. The legislature finds that corrections are needed in the state's high school assessment system that will improve alignment between learning standards, instruction, diagnosis, and assessment of students' knowledge and skills in high school mathematics and science.
     (3) The legislature further finds there is a sense of urgency to make these corrections. There is not the time or the necessity to build a new set of standards and assessments from the ground up. Rather, the state board of education and the superintendent of public instruction must take advantage of the opportunity to draw on the experience of other states. There are a number of states that use end-of-course assessments to measure student achievement of mathematics and science standards in high school.
     (4) Therefore, the legislature intends to direct the state board of education, in collaboration with the superintendent of public instruction, to select and implement end-of-course assessments in a timely manner so that they are a reliable and valid measure of students' knowledge and skills for purposes of high school graduation. The legislature further intends to revise the high school graduation requirements to allow these corrections to be fully implemented.

Sec. 2   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) 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, 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 or section 4 of this act, 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, 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 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) 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)) 2014, 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) A student may retain and use the highest result from each successfully completed content area of the high school assessment.
     (7) ((Beginning in 2006,)) 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) 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. Beginning no later than September 2006,)) Opportunities to retake the assessment at least twice a year shall be available to each school district.
     (10)(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) 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) 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).
     (a) Student learning plans are required for 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)) the student ((described in this subsection (12)(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. 3   RCW 28A.155.045 and 2004 c 19 s 104 are each amended to read as follows:
     Beginning with the graduating class of 2008, 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. Except as provided in section 4 of this act, 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.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.655 RCW to read as follows:
     Beginning with the graduating class of 2008 and until the graduating class of 2012, students may graduate from high school without earning a certificate of academic achievement or a certificate of individual achievement if they:
     (1) Have not successfully met the mathematics standard on the high school Washington assessment of student learning, an approved objective alternative assessment, or an alternate assessment developed for eligible special education students;
     (2) Have successfully met the state standard in the other content areas required for a certificate under RCW 28A.655.061 or 28A.155.045;
     (3) Have met all other state and school district graduation requirements; and
     (4)(a) For the graduating class of 2008, successfully earn one additional high school mathematics credit after the student's eleventh grade year designed to increase the individual student's mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning; and
     (b) For the remaining graduating classes under this section, successfully earn two additional mathematics credits after the student's tenth grade year designed to increase the individual student's mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning.

Sec. 5   RCW 28A.655.070 and 2005 c 497 s 106 are each amended to read as follows:
     (1) Except for the content areas of mathematics and science at the high school level, the superintendent of public instruction shall develop essential academic learning requirements that 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 state board of education. Assessments for the content areas of mathematics and science at the high school level shall be adopted by the state board of education as provided in section 6 of this act.
     (2) The superintendent of public instruction shall:
     (a) 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; and
     (b) Review and prioritize the essential academic learning requirements and identify, with clear and concise descriptions, the grade level content expectations to be assessed on the Washington assessment of student learning and used for state or federal accountability purposes. The review, prioritization, and identification shall result in more focus and targeting with an emphasis on depth over breadth in the number of grade level content expectations assessed at each grade level. Grade level content expectations shall be articulated over the grades as a sequence of expectations and performances that are logical, build with increasing depth after foundational knowledge and skills are acquired, and reflect, where appropriate, the sequential nature of the discipline. The office of the superintendent of public instruction, within seven working days, shall post on its web site any grade level content expectations provided to an assessment vendor for use in constructing the Washington assessment of student learning.
     (3) In consultation with the state board of education, the superintendent of public instruction shall maintain and continue to develop and revise a statewide academic assessment system in the content areas of reading, writing, mathematics, and science 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. School districts shall administer the assessments under guidelines adopted by the superintendent of public instruction. The academic assessment system ((shall)) may include a variety of assessment methods, including criterion-referenced and performance-based measures.
     (4) If the superintendent proposes any modification to the essential academic learning requirements or the statewide assessments, then the superintendent shall, upon request, provide opportunities for the education committees of the house of representatives and the senate to review the assessments and proposed modifications to the essential academic learning requirements before the modifications are adopted.
     (5)(((a))) 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.
     (((b) Assessments measuring the essential academic learning requirements in the content area of science shall be available for mandatory use in middle schools and high schools by the 2003-04 school year and for mandatory use in elementary schools by the 2004-05 school year unless the legislature takes action to delay or prevent implementation of the assessment.))
     (6) By September 2007, the results for reading and mathematics shall be reported in a format that will allow parents and teachers to determine the academic gain a student has acquired in those content areas from one school year to the next.
     (7) To assist parents and teachers in their efforts to provide educational support to individual students, the superintendent of public instruction shall provide as much individual student performance information as possible within the constraints of the assessment system's item bank. The superintendent shall also provide to school districts:
     (a) Information on classroom-based and other assessments that may provide additional achievement information for individual students; and
     (b) A collection of diagnostic tools that educators may use to evaluate the academic status of individual students. The tools shall be designed to be inexpensive, easily administered, and quickly and easily scored, with results provided in a format that may be easily shared with parents and students.
     (8) To the maximum extent possible, the superintendent shall integrate knowledge and skill areas in development of the assessments.
     (9) 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.
     (10) 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.
     (11) The superintendent shall consider methods to address the unique needs of special education students when developing the assessments under this section.
     (12) The superintendent shall consider methods to address the unique needs of highly capable students when developing the assessments under this section.
     (13) The superintendent shall post on the superintendent's web site lists of resources and model assessments in social studies, the arts, and health and fitness.

NEW SECTION.  Sec. 6   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The state board of education, in consultation with the superintendent of public instruction, shall select statewide end-of-course assessments for high school mathematics and high school science that measure student achievement of the state mathematics and science standards. To facilitate ease of scoring and timely return of results, the assessments shall rely on multiple choice questions. The assessments shall be able to be administered online. School districts shall administer the assessments according to a uniform assessment schedule and guidelines adopted by the superintendent to ensure appropriate security of the assessment.
     (2) The legislature's intent is that students receive instruction through credited high school courses in the content areas to be assessed and have their knowledge and skills assessed after they complete the courses. However, school districts shall be responsible for designing and implementing the courses. School districts may provide instruction in the content areas through integrated courses.
     (3) The end-of-course assessments in high school mathematics shall cover algebra I and geometry. The superintendent shall make the mathematics assessments available to school districts on an optional basis in the 2008-09 school year. School districts shall implement the assessments statewide beginning with the 2009-10 school year. The end-of-course assessment in algebra I implemented under this section shall be the Washington assessment of student learning in mathematics for purposes of the certificate of academic achievement under RCW 28A.655.061, beginning with the graduating class of 2013. The end-of-course assessment in algebra I and the end-of-course assessment in geometry implemented under this section shall be the Washington assessment of student learning in mathematics for purposes of the certificate of academic achievement under RCW 28A.655.061, beginning with the graduating class of 2014.
     (4) The end-of-course assessment in high school science shall cover biology. The superintendent shall make the science assessment available to school districts on an optional basis in the 2009-10 school year. School districts shall implement the assessment statewide beginning with the 2010-11 school year. The end-of-course assessment in biology implemented under this section shall be the Washington assessment of student learning in science for purposes of the certificate of academic achievement under RCW 28A.655.061.

Sec. 7   RCW 28A.655.200 and 2006 c 117 s 4 are each amended to read as follows:
     (1) ((In the absence of mandatory, statewide, norm-referenced assessments,)) The legislature intends to permit school districts to offer norm-referenced assessments, make diagnostic tools available to school districts, and provide funding for diagnostic assessments to enhance ((guidance and planning for students and to)) student learning at all grade levels and provide early intervention before the high school Washington assessment of student learning.
     (2) In addition to the diagnostic assessments provided under ((subsection (5) of)) this section, school districts may, at their own expense, administer norm-referenced assessments to students.
     (3)(( By September 1, 2005, subject to available funds,)) The office of the superintendent of public instruction shall post on its web site for voluntary use by school districts, a guide of diagnostic assessments. The assessments in the guide, to the extent possible, shall include the characteristics listed in subsection (4) of this section.
     (4) Beginning September 1, 2007, the office of the superintendent of public instruction shall make diagnostic assessments in reading, writing, mathematics, and science in elementary and middle school grades available to school districts ((diagnostic assessments that)). The office of the superintendent of public instruction shall also provide funding to school districts for administration of diagnostic assessments to help improve student learning, identify academic weaknesses, enhance student planning and guidance, and develop targeted instructional strategies to assist students before the high school Washington assessment of student learning. To the greatest extent possible, the assessments shall be:
     (a) Aligned to the state's grade level expectations;
     (b) Individualized to each student's performance level;
     (c) Administered efficiently to provide results either immediately or within two weeks;
     (d) Capable of measuring individual student growth over time and allowing student progress to be compared to other students across the country;
     (e) Readily available to parents; and
     (f) Cost-effective.
     (5) ((Beginning with the 2006-07 school year, the superintendent of public instruction shall reimburse school districts for administration of diagnostic assessments in grade nine for the purpose of identifying academic weaknesses, enhancing student planning and guidance, and developing targeted instructional strategies to assist students before the high school Washington assessment of student learning.
     (6))) The office of the superintendent of public instruction ((is encouraged to)) shall offer training at statewide and regional staff development activities ((training opportunities that would assist practitioners)) in:
     (a) The interpretation of diagnostic assessments; and
     (b) Application of instructional strategies that will increase student learning based on diagnostic assessment data.

NEW SECTION.  Sec. 8   (1) Beginning in 2007, the state board of education and the superintendent of public instruction shall report annually by December 1st to the education committees of the legislature on the status and progress of implementation of their responsibilities under this act.
     (2)(a) By January 5, 2009, the state board of education shall submit a finding to the governor and the legislature regarding whether the implementation timelines established under section 6 of this act can be feasibly met. The board shall consider the following factors in making such a finding:
     (i) The expected validity and reliability of the end-of-course assessments for use in making individual student high school graduation determinations, based on information from independent national assessment experts;
     (ii) Adequate notice to the graduating class of students who will be required to meet state standards on the end-of-course assessments for purposes of the certificate of academic achievement; and
     (iii) Other possible factors that are supported by clear and convincing evidence.
     (b) If the state board of education finds that one or more of the timelines cannot be met, the board shall:
     (i) State the reasons for the finding, along with the supporting evidence;
     (ii) Recommend a revised timeline or timelines, with specific dates; and
     (iii) Recommend specific actions that must be taken by the board, the superintendent of public instruction, school districts, the legislature, or other entities to ensure that a revised timeline can be met.
     (3) This section expires June 30, 2010.

NEW SECTION.  Sec. 9   If specific funding for purposes of section 4 of this act, referencing section 4 of this act by bill or chapter and section number, is not provided by June 30, 2007, in the omnibus operating appropriations act, sections 2, 3, and 4 of this act are null and void.

NEW SECTION.  Sec. 10   If specific funding for purposes of section 6 of this act, referencing section 6 of this act by bill or chapter and section number, is not provided by June 30, 2007, in the omnibus operating appropriations act, sections 5, 6, and 8 of this act are null and void.

NEW SECTION.  Sec. 11   If specific funding for purposes of section 7 of this act, referencing section 7 of this act by bill or chapter and section number, is not provided by June 30, 2007, in the omnibus operating appropriations act, section 7 of this act is null and void.