READ FIRST TIME 03/05/07.   

     AN ACT Relating to enhancing student learning opportunities and student achievement; amending RCW 28A.150.210; adding a new section to chapter 28A.150 RCW; adding new sections to chapter 28A.630 RCW; adding a new section to chapter 28A.155 RCW; creating new sections; and providing expiration dates.

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

Sec. 1   RCW 28A.150.210 and 1993 c 336 s 101 are each amended to read as follows:
     The goal of the basic education act for the schools of the state of Washington set forth in this chapter shall be to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives, and to develop a public school system that focuses more on the educational performance of students and includes high expectations for all students. To these ends, the goals of each school district, with the involvement of parents and community members, shall be to provide opportunities for all students to develop the knowledge and skills essential to:
     (1) Read with comprehension, write with skill, and communicate effectively and responsibly in a variety of ways and settings;
     (2) Know and apply the core concepts and principles of mathematics; social, physical, and life sciences; civics and history; geography; arts; and health and fitness;
     (3) Think analytically, logically, and creatively, and to integrate experience and knowledge to form reasoned judgments and solve problems; and
     (4) Understand the importance of work and how performance, effort, and decisions directly affect future career and educational opportunities.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.150 RCW to read as follows:
     ALL-DAY KINDERGARTEN PROGRAMS--FUNDING. Beginning with the 2007-08 school year, funding for voluntary all-day kindergarten programs shall be phased-in beginning with schools with the highest poverty levels, defined as those schools with the highest percentages of students qualifying for free and reduced-price lunch support in the prior school year. Once a school receives funding for the all-day kindergarten program, that school shall remain eligible for funding in subsequent school years regardless of changes in the school's percentage of students eligible for free and reduced-price lunches as long as other program requirements are fulfilled. Resources for all-day kindergarten shall support students who qualify for free and reduced-price lunch program support. The funding for voluntary all-day kindergarten programs created in this section shall not be considered part of the definition of basic education. Additionally, schools receiving all-day kindergarten program support shall agree to the following conditions:
     (1) Providing at least a one thousand-hour instructional program;
     (2) Providing a curriculum that offers a rich, varied set of experiences that assist students in:
     (a) Developing initial skills in the academic areas of reading, mathematics, and writing;
     (b) Developing a variety of communication skills;
     (c) Providing experiences in science, social studies, arts, health and physical education, and a world language other than English;
     (d) Acquiring large and small motor skills;
     (e) Acquiring social and emotional skills including successful participation in learning activities as an individual and as part of a group;
     (f) Establishing learning environments that are developmentally appropriate and promote creativity; and
     (g) Learning through hands-on experiences;
     (3) Demonstrating strong connections and communication with early learning community providers; and
     (4) Participating in kindergarten program readiness activities with early learning providers and parents.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.630 RCW to read as follows:
     PRIMARY LEVEL EDUCATION PROJECTS. (1) Four demonstration projects are authorized for schools serving kindergarten through third grade students to develop, implement, and document the effects of a comprehensive K-3 foundations program. At least two demonstration projects shall be in schools that are participating in the public-private early learning partnerships in the Highline and Yakima school districts. A third demonstration project shall be in the Spokane school district.
     (2) The superintendent of public instruction shall select project participants based on the criteria in this section, the commitment to a school-wide program, and the degree to which applicants articulate an understanding of development and implementation of a comprehensive K-3 foundations program.
     (3) Successful school applicants shall:
     (a) Demonstrate that there is engaged and committed school and district leadership and support for the project;
     (b) Demonstrate that school staff is engaged and committed and believes in high expectations for all students;
     (c) Have a history of successfully using data to guide decision making for students and the program;
     (d) Plan for the use of staff learning improvement days to support project implementation;
     (e) Demonstrate successful linkages with the early learning providers in their communities;
     (f) Outline the steps taken to develop this application and the general plan for implementation of a comprehensive K-3 foundations program; and
     (g) Commit to individualized learning opportunities in early grades by using district resources, such as funding under RCW 28A.505.210, to reduce class sizes in grades kindergarten through three.
     (4) Program resources provided to demonstration projects are:
     (a) Support to implement an all-day kindergarten program;
     (b) Support for class sizes at a ratio of one teacher to eighteen students, and the additional resources for materials generated by that ratio through associated nonemployee-related costs;
     (c) Support for a one-half full-time equivalent instructional coach; and
     (d) Support for professional development time related to program implementation.
     (5) Demonstration projects shall provide:
     (a) A program that implements an educational philosophy that supports child-centered learning;
     (b) Learning opportunities through personal exploration and discovery, hands-on experiences, and by working independently, in small groups and in large groups;
     (c) Rich and varied subject matter that includes: Reading, writing, mathematics, science, social studies, a world language other than English, the arts, and health and physical education;
     (d) Opportunities to learn and feel accomplishment, diligence, creativity, and confidence;
     (e) Social and emotional development opportunities;
     (f) Personalized assessment for each student that addresses academic knowledge and skill development, social and emotional skill development, critical thinking and decision-making skills, large and fine motor skill development, and knowledge of personal interests, strengths, and goals;
     (g) For students to progress to the upper elementary grades when a solid foundation is in place and reading and mathematics primary skills have been mastered;
     (h) Class sizes that do not exceed one certificated instructional staff to eighteen students; and
     (i) That the project will agree to cooperate with the Washington state institute for public policy in its evaluation of the demonstration projects, including providing the data necessary for the institute to complete its work.
     (6) The Washington state institute for public policy shall conduct an evaluation of the demonstration projects under this section. Student, staff, program, and parent data shall be collected using various instruments including surveys, program and activity descriptions, student performance measures, observations, and other processes.
     (7) Within available funding, findings from the evaluation under this section shall include conclusions regarding the degree to which students thrive in the education environment; student progress in academic, social, and emotional areas; the program components that have been most important to student success; the degree to which educational staff feel accomplished in their work and satisfied with student progress; and recommendations for continued implementation and expansion of the program.
     (8) The institute for public policy shall report its findings to the governor, the office of the superintendent of public instruction, and the appropriate early learning, education, and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009.
     (9) This section expires September 1, 2010.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.630 RCW to read as follows:
     ENGLISH AS A SECOND LANGUAGE PROJECTS. (1) The goals of the English as a second language demonstration project are to develop recommendations:
     (a) Identifying foundational competencies for developing academic English skills in English language learner students that all teachers should acquire in initial teacher preparation programs;
     (b) Identifying components of a professional development program that builds classroom teacher competence for developing academic English skills in English language learner students; and
     (c) Identifying job-embedded practices that connect the English language learner teacher and classroom teachers to coordinate instruction to support the work of the student.
     (2) The English as a second language demonstration project shall use two field strategies in the development of recommendations.
     (a) The first strategy is to conduct a field study of an ongoing project in a number of schools and school districts in which Spanish is the predominate language other than English.
     (b) The second strategy is to conduct a project that provides professional development and planning time resources to approximately three large schools in which there are many first languages among the students. The participants of this project shall partner with an institution of higher education or a professional development provider with expertise in support student acquisition of academic English. The superintendent of public instruction shall select the participants in the project under this subsection (2)(b).
     (3)(a) The Washington state institute for public policy shall conduct the field study work and collect additional information from the project schools. In conducting its work, the institute shall review current literature regarding best practices and consult with state and national experts as appropriate.
     (b) The institute for public policy shall report its findings to the governor, the office of the superintendent of public instruction, and the education and fiscal committees of the legislature. An interim report is due November 1, 2008. The final report is due December 1, 2009.
     (4) This section expires September 1, 2010.

NEW SECTION.  Sec. 5   The state auditor's office, in consultation with the office of financial management and the joint legislative audit and review committee, will conduct an audit and evaluation of the current process for determining student eligibility for free and reduced price lunch. The audit and review shall include, but is not limited to: (1) An assessment of the current error rate for determining eligibility for free or reduced price lunch; (2) recommendations on methods and procedures that would reduce the error rate; and (3) an analysis of other poverty measures that could be used as a more accurate indicator of school district poverty. The audit and review shall be submitted to the office of financial management and the appropriate policy and fiscal committees of the legislature by September 1, 2008.

NEW SECTION.  Sec. 6   A new section is added to chapter 28A.155 RCW to read as follows:
     (1) To the extent necessary, funds shall be made available for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided through the special education funding formula. If safety net awards exceed the amount appropriated, then the superintendent shall expend all available federal discretionary funds necessary to meet this need. Safety net funds shall be awarded by the state safety net oversight committee subject to the following conditions and limitations:
     (a) The committee shall consider additional funds for districts that can convincingly demonstrate that all legitimate expenditures for special education exceed all available revenues from state funding formulas. In the determination of need, the committee shall also consider additional available revenues from federal sources. Differences in program costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
     (b) The committee shall then consider the extraordinary high cost needs of one or more individual special education students. Differences in costs attributable to district philosophy, service delivery choice, or accounting practices are not a legitimate basis for safety net awards.
     (c) The committee shall then consider extraordinary costs associated with communities that draw a larger number of families with children in need of special education services.
     (d) The maximum allowable indirect cost for calculating safety net eligibility may not exceed the federal restricted indirect cost rate for the district plus one percent.
     (e) Safety net awards shall be adjusted based on the percent of potential medicaid eligible students billed as calculated by the superintendent in accordance with chapter 318, Laws of 1999.
     (f) Safety net awards must be adjusted for any audit findings or exceptions related to special education funding.
     (2) The superintendent of public instruction may adopt such rules and procedures as are necessary to administer the special education funding and safety net award process. Prior to revising any standards, procedures, or rules, the superintendent shall consult with the office of financial management and the fiscal committees of the legislature. In adopting and revising the rules, the superintendent shall ensure the application process to access safety net funding is streamlined, timelines for submission are not in conflict, feedback to school districts is timely and provides sufficient information to allow school districts to know what they need to do to correct any deficiencies in their safety net application, and that there is consistency between awards approved by school districts and by application period. The office of the superintendent of public instruction shall also provide technical assistance to school districts to assist them in preparing and submitting their special education safety net application.
     (3) On an annual basis, the superintendent shall survey districts regarding their satisfaction with the safety net process and consider feedback to improve the safety net process. Each year by December 1st, the superintendent shall prepare and submit a report to the office of financial management and the appropriate policy and fiscal committees of the legislature that summarizes the survey results and changes made to the safety net process as a result of the school district feedback.
     (4) The safety net oversight committee appointed by the superintendent of public instruction shall consist of:
     (a) One staff from the office of superintendent of public instruction;
     (b) Staff of the office of the state auditor who shall be nonvoting members of the committee; and
     (c) One or more representatives from school districts or educational service districts knowledgeable of special education programs and funding.

NEW SECTION.  Sec. 7   (1) In addition to the responsibilities in section 6 of this act, the state special education safety net oversight committee, with the assistance of the office of the superintendent of public instruction, shall conduct further evaluation of issues raised in the recently completed review of the special education excess cost accounting procedures by the office of the superintendent of public instruction and the 2006 report of the joint legislative audit and review committee report on the accounting of special education excess costs. Specifically, the state special education safety net oversight committee shall evaluate options for modifying or replacing the current accounting methodology in place for the 2005-06 school year in a way that better reflects the special education program funding and spending. By November 1, 2008, the oversight committee shall submit a report to the office of financial management and the appropriate policy and fiscal committees of the legislature outlining the options for replacing the current excess cost method. One of the options will be based on, to the maximum extent appropriate, a full cost accounting.
     (2) This section expires June 30, 2009.

NEW SECTION.  Sec. 8   Captions used in this act are not any part of the law.