BILL REQ. #:  H-4052.1 

Prefiled 01/11/08. Read first time 01/14/08.   Referred to Committee on Education.

     AN ACT Relating to graduation requirements for certain English language learner students; amending RCW 28A.655.0611; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds a particular challenge for English language learner students who enter Washington public schools at the middle and high school levels. More than eighty-five percent of high school students in the transitional bilingual program have language scores showing no or very limited English proficiency. When the Washington assessment of student learning was initiated in 1998, only seven percent of English language learner students could meet the tenth grade standard. In 2007, thirty-eight percent of tenth grade English language learner students met the standard in reading and writing. This improvement indicates that schools are making progress in providing these students with academic instruction to meet the state's reading and writing standards. However, it remains unrealistic to expect that sufficient numbers of high school English language learner students will meet the state's reading and writing standards over the next five years to warrant imposing the same graduation requirement on them as for native English speakers. The state's middle and high school teachers need additional time to identify and implement additional instructional strategies that enable older English language learners to acquire language skills quickly.
     (2) Therefore, the legislature intends to acknowledge that high school English language learner students enter school from a different starting point academically than native English speakers. Until the public schools have implemented strategies to make up the academic gap for these students while they are in high school, different high school graduation requirements should apply.

Sec. 2   RCW 28A.655.0611 and 2007 c 354 s 4 are each amended to read as follows:
     (1) Beginning with the graduating class of 2008 and through no later than 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:
     (a) 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;
     (b) Have successfully met the state standard in the other content areas required for a certificate under RCW 28A.655.061 or 28A.155.045;
     (c) Have met all other state and school district graduation requirements; and
     (d)(i) For the graduating class of 2008, successfully earn one additional high school mathematics credit or career and technical course equivalent, including courses offered at skill centers, after the student's eleventh grade year intended to increase the student's mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning and continue to take the appropriate mathematics assessment at least once annually until graduation; and
     (ii) For the remaining graduating classes under this section, successfully earn two additional mathematics credits or career and technical course equivalent, including courses offered at skill centers, after the student's tenth grade year intended to increase the student's mathematics proficiency toward meeting or exceeding the mathematics standards assessed on the high school Washington assessment of student learning and continue to take the appropriate mathematics assessment at least once annually until graduation.
     (2) The state board of education may adopt a rule that ends the application of subsection (1) of this section with a graduating class before the graduating class of 2012, if the state board of education adopts the rule by September 1st of the freshman school year of the graduating class to which the provisions of this section no longer apply. The state board of education's authority under this section does not alter the requirement that any change in performance standards for the tenth grade assessment must comply with RCW 28A.305.130.
     (3) Beginning with the graduating class of 2008 and through the graduating class of 2012, English language learner students may graduate from high school without earning a certificate of academic achievement or a certificate of individual achievement if they:
     (a) Have not achieved a sufficient score on the Washington language proficiency test to exit the transitional bilingual program;
     (b) Have not successfully met the reading or writing 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;
     (c) Have met all other state and school district graduation requirements, including the requirements under subsection (1) of this section if applicable; and
     (d)(i) For the graduating class of 2009, successfully earn one additional high school English language arts credit or career and technical course equivalent, including courses offered at skill centers, after the student's eleventh grade year intended to increase the student's proficiency toward meeting or exceeding the reading and writing standards assessed on the high school Washington assessment of student learning and continue to take the appropriate assessment at least once annually until graduation; and
     (ii) For the graduating classes of 2010 through 2012, successfully earn two additional English language arts credits or career and technical course equivalent, including courses offered at skill centers, after the student's tenth grade year intended to increase the student's proficiency toward meeting or exceeding the reading and writing standards assessed on the high school Washington assessment of student learning and continue to take the appropriate assessment at least once annually until graduation.
     (4) This section expires August 31, 2013.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.