BILL REQ. #:  S-4164.1 

Read first time 01/14/08.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to providing an equal opportunity to learn by holding school systems accountable for students missing school; amending RCW 28A.175.010 and 28A.225.151; adding a new section to chapter 28A.300 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 equal educational opportunity is an essential hallmark of a democratic society and is essential to the health of Washington's economy.
     Article IX, section 1 of the state Constitution states that "It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex." Washington state is committed to maintaining an education system that gives every child the opportunity to succeed.
     There is considerable evidence that students of color, in disproportionate numbers, are not succeeding in meeting learning standards set by the state, as measured by the Washington assessment of student learning and other achievement measures. Students who are struggling to meet standards experience greater barriers to learning if they are out of the classroom, or out of the school, due to discipline or truancy. Schools must be able to maintain a safe and orderly learning environment by imposing discipline when it is appropriate. Schools must also ensure that each student receives an equal opportunity to learn. School disciplinary practices, however, sometimes have a disparate impact on certain students. Consistent collection and review of disciplinary data is the necessary first step in eliminating any such disparities. Regular reporting of data on school discipline and truancy proceedings will aid school districts and state educational policymakers in understanding how these tools are being used and improving them.
     School districts are currently required to collect and report various types of information relating to student discipline in order to comply with federal and state laws. Establishing a single, streamlined discipline data collection system will reduce the administrative burden on schools and districts.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.300 RCW to read as follows:
     (1) Each school district shall file an annual report, by August 1st of each year, with the superintendent of public instruction regarding disciplinary and placement actions taken during the prior school year. The report shall classify the types of actions into the following categories:
     (a) Actions in which a student was assigned to in-school suspension;
     (b) Actions in which a student was suspended for a period of ten days or less;
     (c) Actions in which a student was suspended for a period of more than ten days;
     (d) Actions in which a student was expelled;
     (e) Actions in which a student was placed in an alternative educational setting;
     (f) Actions in which a student was suspended from riding the bus;
     (g) Actions in which a student was emergency expelled; and
     (h) Actions in which a student was removed from class.
     (2) For each instance of disciplinary or placement action in subsection (1) of this section, the school district shall collect and report a summary of the following information:
     (a) The category of offense or conduct for which actions were taken;
     (b) The student's age and grade level;
     (c) The student's race/ethnicity and gender;
     (d) The student's disability status;
     (e) The student's eligibility for free or reduced price lunches under federal guidelines;
     (f) The student's eligibility for transitional bilingual instruction, as defined in RCW 28A.180.030(1);
     (g) The position of the person who recommended the disciplinary action; and
     (h) Whether a suspension or expulsion directly affected the student's academic standing through the loss of credit or lowered grades.
     (3) The data required by this section shall be reported separately for each school within the district and collected and reported in compliance with the requirements of 20 U.S.C. Secs. 1232g and 1232h.
     (4)(a) The superintendent of public instruction shall conduct a study for each school year based upon the statistical data filed by districts in accordance with this section for the purpose of determining trends in discipline. The superintendent of public instruction shall also use existing data on school personnel as needed to establish trends in discipline.
     (b) The superintendent of public instruction shall issue a report on the study for the legislature by December 1st of each year. The report shall be accessible to the public on the superintendent of public instruction's report card web site and in such other forms as will promote easy public access. The report shall include summaries of the data rather than individual listing of each student's data.
     (c) Nothing in this section shall be construed to authorize the public release of personally identifiable information regarding students.
     (5) The superintendent of public instruction shall prepare, and make available to school districts, recommendations for accumulating the information required by this section in an electronic database, a model report for districts to consider in the implementation of this section, and a model form for reporting information electronically. The model form shall allow schools to report the information required by this section in a format that will be sufficient for schools and districts to comply with discipline data reporting requirements established by existing state and federal laws. The model form shall assure that a student is not counted more than once for each suspension or expulsion and assure an accurate count.

Sec. 3   RCW 28A.175.010 and 2005 c 207 s 3 are each amended to read as follows:
     (1) Each school district shall account for the educational progress of each of its students. To achieve this, school districts shall be required to report annually to the superintendent of public instruction:
     (((1))) (a) For students enrolled in each of a school district's high school programs:
     (((a))) (i) The number of students who graduate in fewer than four years;
     (((b))) (ii) The number of students who graduate in four years;
     (((c))) (iii) The number of students who remain in school for more than four years but who eventually graduate and the number of students who remain in school for more than four years but do not graduate;
     (((d))) (iv) The number of students who transfer to other schools;
     (((e))) (v) The number of students in the ninth through twelfth grade who drop out of school over a four-year period; and
     (((f))) (vi) The number of students whose status is unknown((.));
     (((2))) (b) For students enrolled in any primary or secondary school program in the school district:
     (i) The number of students who received alternative educational services, were enrolled in an alternative education program, or earned academic credit while out of school during a long-term suspension or expulsion, and the number of these students who did not receive alternative educational services, enroll in an alternative education program, or earn academic credit during the long-term suspension or expulsion;
     (ii) An estimate of the number of youth of school age residing within the district but not attending school on a regular basis, including homeless youth as defined by 42 U.S.C. Sec. 11434a(2); and
     (iii) For any school district providing all or part of an educational program for juvenile inmates pursuant to chapter 28A.193 RCW, or for juveniles in detention facilities pursuant to chapter 28A.190 RCW, the number of students who earned academic credit while incarcerated or in detention, and the number incarcerated or in detention who did not earn academic credit;
     (c) Dropout rates of students in each of the grades seven through twelve((.));
     (((3))) (d) Dropout rates for student populations in each of the grades seven through twelve by:
     (((a))) (i) Ethnicity;
     (((b))) (ii) Gender;
     (((c))) (iii) Socioeconomic status; ((and
     (d))) (iv) Disability status((.)); and
     (((4))) (v) Eligibility for transitional bilingual instruction as defined in RCW 28A.180.030(1);
     (e) The causes or reasons, or both, attributed to students for having dropped out of school in grades seven through twelve, including such categories as moved to another district in Washington, moved out of state, enrolled in private school, and incarcerated.
     (((5))) (2) For purposes of reporting under this section, students who ceased attending school for the duration of the academic year, including those deemed disenrolled due to lack of school attendance, shall be counted as dropouts.
     (3) The superintendent of public instruction shall adopt rules under chapter 34.05 RCW to assure uniformity in the information districts are required to report under subsection((s)) (1) ((through (4))) of this section. In developing rules, the superintendent of public instruction shall consult with school districts, including administrative and counseling personnel, with regard to the methods through which information is to be collected and reported.
     (((6))) (4) In reporting on the causes or reasons, or both, attributed to students for having dropped out of school, school building officials shall, to the extent reasonably practical, obtain such information directly from students. In lieu of obtaining such information directly from students, building principals and counselors shall identify the causes or reasons, or both, based on their professional judgment.
     (((7))) (5) The superintendent of public instruction shall report annually to the legislature the information collected under subsection((s)) (1) ((through (4))) of this section.

Sec. 4   RCW 28A.225.151 and 1996 c 134 s 5 are each amended to read as follows:
     (1) As required under subsections (2) and (3) of this section, each school shall document the actions taken under RCW 28A.225.030 and report this information to the school district superintendent who shall compile the data for all the schools in the district and prepare an annual school district report for each school year and submit the report to the superintendent of public instruction by August 1st of each year. The reports shall be made upon forms furnished by the superintendent of public instruction and shall be transmitted as determined by the superintendent of public instruction.
     (2) The reports under subsection (1) of this section shall include:
     (a) The number of enrolled students and the number of unexcused absences;
     (b) Documentation of the steps taken by the school district under each subsection of RCW 28A.225.020 at the request of the superintendent of public instruction. Each year, ((by May 1st)) in the annual report on truancy due to the legislature by December 15th, the superintendent of public instruction shall ((select ten school districts to submit the report at the end of the following school year. The ten districts shall represent different areas of the state and be of varied sizes. In addition, the superintendent of public instruction shall require any district that fails to keep appropriate records to submit a full report to the superintendent of public instruction under this subsection. All school districts shall document steps taken under RCW 28A.225.020 in each student's record, and make those records available upon request consistent with the laws governing student records)) submit a report indicating whether all school districts have documented steps taken under RCW 28A.225.020 in each student's record, summarizing the number of times each district held a conference with parents or guardians to analyze the causes of the child's absences, and listing actions taken pursuant to RCW 28A.225.020(1)(c) to eliminate or reduce the child's absences, including the frequency with which such actions were taken;
     (c) The number of enrolled students with ten or more unexcused absences in a school year or five or more unexcused absences in a month during a school year;
     (d) A description of any programs or schools developed to serve students who have had five or more unexcused absences in a month or ten in a year including information about the number of students in the program or school and the number of unexcused absences of students during and after participation in the program. The school district shall also describe any placements in an approved private nonsectarian school or program or certified program under a court order under RCW 28A.225.090; ((and))
     (e) The number of petitions filed by a school district with the juvenile court;
     (f) For each petition filed by a school district with the juvenile court, the school district shall collect and report a summary of:
     (i) The number of times the school district reports additional unexcused absences to the court pursuant to RCW 28A.225.035(13);
     (ii) The number of contempt motions filed by a school district with the juvenile court;
     (iii) Whether the youth named in the petition returned to school and earned academic credit following the filing of the truancy petition in court;
     (iv) Whether the youth named in the original petition returned to school and earned academic credit following a contempt finding; and
     (v) Whether the youth named in the petition returned to school and earned academic credit following incarceration for contempt in a truancy case.
     (3) For each category of information required under subsection (2) of this section, the reports under subsection (1) of this section shall include information for student populations by:
     (a) The students' age and grade level;
     (b) The students' race or ethnicity and gender;
     (c) The students' disability status;
     (d) The students' eligibility for free or reduced price lunches under federal guidelines; and
     (e) The students' eligibility for transitional bilingual instruction, as defined in RCW 28A.180.030(1);
     (4) A report required under this section shall not disclose the name or other identification of a child or parent.
     (((4))) (5) The superintendent of public instruction shall collect these reports from all school districts and prepare an annual report for each school year to be submitted to the legislature no later than December 15th of each year.