BILL REQ. #:  Z-0333.3 

Read first time 01/13/11.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to revising education provisions to implement budget reductions; amending RCW 28A.300.136, 28A.300.137, 28A.300.380, 28A.300.515, 28A.630.016, 28A.655.066, and 28A.500.030; providing expiration dates; and declaring an emergency.

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

Sec. 1   RCW 28A.300.136 and 2010 c 235 s 901 are each amended to read as follows:
     (1) To the extent funds are available, the superintendent of public instruction shall provide support for an achievement gap oversight and accountability committee ((is created to synthesize)). The committee's work may include synthesis of the findings and recommendations from the 2008 achievement gap studies into an implementation plan, and ((to recommend)) development of recommended policies and strategies to the superintendent of public instruction, the professional educator standards board, and the state board of education to close the achievement gap.
     (2) The committee shall recommend specific policies and strategies in at least the following areas:
     (a) Supporting and facilitating parent and community involvement and outreach;
     (b) Enhancing the cultural competency of current and future educators and the cultural relevance of curriculum and instruction;
     (c) Expanding pathways and strategies to prepare and recruit diverse teachers and administrators;
     (d) Recommending current programs and resources that should be redirected to narrow the gap;
     (e) Identifying data elements and systems needed to monitor progress in closing the gap;
     (f) Making closing the achievement gap part of the school and school district improvement process; and
     (g) Exploring innovative school models that have shown success in closing the achievement gap.
     (3) Taking a multidisciplinary approach, the committee may seek input and advice from other state and local agencies and organizations with expertise in health, social services, gang and violence prevention, substance abuse prevention, and other issues that disproportionately affect student achievement and student success.
     (4) The achievement gap oversight and accountability committee shall be composed of the following members:
     (a) The chairs and ranking minority members of the house and senate education committees, or their designees;
     (b) One additional member of the house of representatives appointed by the speaker of the house and one additional member of the senate appointed by the president of the senate;
     (c) A representative of the office of the education ombudsman;
     (d) A representative of the center for the improvement of student learning in the office of the superintendent of public instruction;
     (e) A representative of federally recognized Indian tribes whose traditional lands and territories lie within the borders of Washington state, designated by the federally recognized tribes; and
     (f) Four members appointed by the governor in consultation with the state ethnic commissions, who represent the following populations: African-Americans, Hispanic Americans, Asian Americans, and Pacific Islander Americans.
     (5) The governor and the tribes are encouraged to designate members who have experience working in and with schools.
     (6) The committee may convene ad hoc working groups to obtain additional input and participation from community members. Members of ad hoc working groups shall serve without compensation and shall not be reimbursed for travel or other expenses.
     (7) The chair or cochairs of the committee shall be selected by the members of the committee. Staff support for the committee shall be provided by the center for the improvement of student learning. Members of the committee shall serve without compensation but must be reimbursed as provided in RCW 43.03.050 and 43.03.060. Legislative members of the committee shall be reimbursed for travel expenses in accordance with RCW 44.04.120.
     (8) The superintendent of public instruction, the state board of education, the professional educator standards board, and the quality education council shall work collaboratively with the achievement gap oversight and accountability committee to close the achievement gap.

Sec. 2   RCW 28A.300.137 and 2009 c 468 s 3 are each amended to read as follows:
     To the extent funds are available, beginning in January 2010, the achievement gap oversight and accountability committee shall report annually to the superintendent of public instruction, the state board of education, the professional educator standards board, the governor, and the education committees of the legislature on the strategies to address the achievement gap and on the progress in improvement of education performance measures for African-American, Hispanic, American Indian/Alaskan Native, Asian, and Pacific Islander/Hawaiian Native students.

Sec. 3   RCW 28A.300.380 and 2010 1st sp.s. c 37 s 913 are each amended to read as follows:
     (1) To the extent funds are available, the superintendent of public instruction shall maintain support for statewide coordination for career and technical student organizations by providing program staff support that is available to assist in meeting the needs of career and technical student organizations and their members and students. The superintendent may provide additional support to the organizations through contracting with independent coordinators.
     (2) Career and technical student organizations eligible for technical assistance and other support services under this section are organizations recognized as career and technical student organizations by:
     (a) The United States department of education; or
     (b) The superintendent of public instruction, if such recognition is recommended by the Washington association for career and technical education.
     (3) Career and technical student organizations eligible for technical assistance and other support services under this section include, but are not limited to: The national FFA organization; family, career, and community leaders of America; skillsUSA; distributive education clubs of America; future business leaders of America; and the technology student association.

Sec. 4   RCW 28A.300.515 and 2007 c 396 s 15 are each amended to read as follows:
     To the extent funds are available, the superintendent of public instruction shall provide support for statewide coordination for math, science, and technology, including employing a statewide director for math, science, and technology. The duties of the director shall include, but not be limited to:
     (1) Within funds specifically appropriated therefor, obtain a statewide license, or otherwise obtain and disseminate, an interactive, project-based high school and middle school technology curriculum that includes a comprehensive professional development component for teachers and, if possible, counselors, and also includes a systematic program evaluation. The curriculum must be distributed to all school districts, or as many as feasible, by the 2007-08 school year;
     (2) Within funds specifically appropriated therefor, supporting a public-private partnership to assist school districts with implementing an ongoing, inquiry-based science program that is based on a research-based model of systemic reform and aligned with the Washington state science grade level expectations;
     (3) Within funds specifically appropriated therefor, supporting a public-private partnership to provide enriching opportunities in mathematics, engineering, and science for underrepresented students in grades kindergarten through twelve using exemplary materials and instructional approaches;
     (4) In an effort to increase precollege and prework interest in math, science, and technology fields, in collaboration with the community and technical colleges, the four-year institutions of higher education, and the workforce training and education coordinating board, conducting outreach efforts to attract middle and high school students to careers in math, science, and technology and to educate students about the coursework that is necessary to be adequately prepared to succeed in these fields;
     (5) Coordinating youth opportunities in math, science, and technology, including facilitating student participation in school clubs, state-level fairs, national competitions, and encouraging partnerships between students and university faculty or industry to facilitate such student participation;
     (6) Developing and maintaining public-private partnerships to generate business and industry assistance to accomplish the following:
     (a) Increasing student engagement and career awareness, including increasing student participation in the youth opportunities in subsection (5) of this section;
     (b) Creation and promotion of student scholarships, internships, and apprenticeships;
     (c) Provision of relevant teacher experience and training, including on-the-job professional development opportunities;
     (d) Upgrading kindergarten through twelfth grade school equipment and facilities to support high quality math, science, and technology programs;
     (7) Assembling a cadre of inspiring speakers employed or experienced in the relevant fields to speak to kindergarten through twelfth grade students to demonstrate the breadth of the opportunities in the relevant fields as well as share the types of coursework that ((is [are])) are necessary for someone to be successful in the relevant field;
     (8) Providing technical assistance to schools and school districts, including working with counselors in support of the math, science, and technology programs; and
     (9) Reporting annually to the legislature about the actions taken to provide statewide coordination for math, science, and technology.

Sec. 5   RCW 28A.630.016 and 2007 c 522 s 959 are each amended to read as follows:
     (1)(a) Research has shown that early, intensive interventions can significantly improve reading, written language, and mathematics skills for children who are struggling academically. This early research-based assistance has been successful in reducing the number of children who require specialized programs. Research further suggests that the disabilities of many students with mild and moderate disabilities are correctable through strategic early intervention and the students do not necessitate special education eligibility. However, by being effective in reducing the number of students eligible for these programs, school district funding is reduced.
     (b) The purpose of the program in this section is to continue support to the existing pilot districts and to encourage other school districts to participate as pilot districts to improve the implementation of high quality general education research-based core instructional programs to meet the needs of students struggling academically, while reducing the number of students inappropriately referred and placed in special education under the specific learning disability eligibility category because of ineffective instructional practices. This will allow special education programs to concentrate specially designed instruction on students who truly require special education services. The goal of this assistance is to effectively address reading, written language, and mathematics difficulties resulting in a substantially greater proportion of students meeting the progressively increasing performance standards for both the aggregate and disaggregated subgroups under federal law.
     (c) The participating pilot districts implementing the special services pilot program have met the goals of the pilot program resulting in (i) a substantial number of underachieving students meeting the progressively increasing reading performance standards and (ii) a reduction in the number of children who require special education.
     (2) Seven school districts may participate in the special services pilot program, including two school districts already participating and five additional school districts. The special services pilot program shall begin in the 2007-08 school year and conclude in the 2010-11 school year.
     (3) School districts participating in the pilot program shall receive state special education funding in accordance with state special education funding formulas and a separate pilot program appropriation from sources other than special education funds. The separate appropriation shall be: (a) The school district's estimated state special education funding for the current year based on the school district's average percentage of students age three through twenty-one who were eligible for special education services for the school year before participation as a pilot program as reported to the office of the superintendent of public instruction; minus (b) the school district's actual state special education funding based on the district's current percentage of students age three through twenty-one eligible for special education services as reported to (([the office of])) the office of the superintendent of public instruction.
     The superintendent shall adjust the factors in (a) of this subsection for one or more participating school districts, where legislative changes to the special education funding formula impact the funding mechanism of this program.
     (4) Participation in the pilot program shall not increase or decrease a district's ability to access the safety net for high-cost students by virtue of the district's participation in the program. Districts participating in the pilot program shall have access to the special education safety net using a modified application approach for the office of the superintendent of public instruction demonstration of financial need. The superintendent shall create a modified application to include all special education revenues received by the district, all pilot program funding, expenditures for students with individual education programs, and expenditures for students generating pilot program revenue. Districts participating in the pilot program that seek safety net funding shall convincingly demonstrate to the safety net committee that any change in demonstrated need is not attributable to their participation in this pilot program.
     (5) School districts participating in the program must agree to:
     (a) Implement the program as part of the school district's general education curriculum for all students;
     (b) Use a multitiered service delivery system to provide scientific research-based instructional interventions addressing individual student needs in the areas of reading, written language, or mathematics;
     (c) Develop and implement an assessment system to conduct universal screening, progress monitoring, targeted assessments, and outcome assessments to identify the reading, written language, or mathematics needs of each student and to monitor student progress;
     (d) Incorporate student-specific data obtained through the pilot program when conducting an evaluation to determine if the student has a disability;
     (e) Assure that parents are informed of: The amount and nature of student performance data that is collected and the general education services that are provided; the strategies for increasing the student's rate of learning; the parents' right to make a referral for special education evaluation if they suspect the student has a disability; and the parents' right to have input into designed interventions;
     (f) Assure that parents are provided assessments of achievement at reasonable intervals addressing student progress during instruction;
     (g) Actively engage parents as partners in the learning process;
     (h) Comply with state special education requirements; and
     (i) Participate and provide staff expertise in the design and implementation of an evaluation of the program as determined by the superintendent of public instruction. Districts shall annually review and report progress, including objective measures or indicators that show the progress towards achieving the purpose and goal of the program, to the office of the superintendent of public instruction.
     (6) By December 15, 2010, the superintendent of public instruction shall submit a report to the governor and appropriate committees of the legislature that summarizes the effectiveness of the pilot program in this section. The report shall also include a recommendation as to whether or not the pilot program should be continued, expanded, or otherwise modified.
     (7) This section expires ((June 30)) March 1, 2011.

Sec. 6   RCW 28A.655.066 and 2009 c 310 s 3 are each amended to read as follows:
     (1)(a) In consultation with the state board of education, the superintendent of public instruction shall develop statewide end-of-course assessments for high school mathematics that measure student achievement of the state mathematics standards. The superintendent shall take steps to ensure that the language of the assessments is responsive to a diverse student population. The assessments shall be implemented statewide in the 2010-11 school year.
     (b) The superintendent shall develop end-of-course assessments for the first year of high school mathematics that include the standards common to algebra I and integrated mathematics I and for the second year of high school mathematics that include the standards common to geometry and integrated mathematics II. The assessments under this subsection (1)(b) shall be used to demonstrate that a student meets the state standard on the mathematics content area of the high school Washington assessment of student learning for purposes of RCW 28A.655.061.
     (c) The superintendent of public instruction shall also develop subtests for the end-of-course assessments that measure standards for the first two years of high school mathematics that are unique to algebra I, integrated mathematics I, geometry, and integrated mathematics II. The results of the subtests shall be reported at the student, teacher, school, and district level.
     (2) For the graduating class of 2013 and for the purposes of the certificate of academic achievement under RCW 28A.655.061, a student may use:
     (a) Results from the end-of-course assessment for the first year of high school mathematics or the results from the end-of-course assessment for the second year of high school mathematics; or
     (b) Results from a retake assessment.
     (3) For the graduating ((classes of 2013 and)) class of 2014 and for purposes of the certificate of academic achievement under RCW 28A.655.061, a student may use:
     (a) Results from the end-of-course assessment for the first year of high school mathematics plus the results from the end-of-course assessment for the second year of high school mathematics; or
     (b) Results from ((the comprehensive mathematics assessment to demonstrate that a student meets the state standard on the mathematics content area of the high school Washington assessment of student learning)) one or both retake assessments as needed to demonstrate achievement of the state mathematics standards for both first and second years of high school mathematics.
     (((3))) (4) Beginning with the graduating class of 2015 and for purposes of the certificate of academic achievement under RCW 28A.655.061, the mathematics content area of the Washington assessment of student learning shall be assessed using the end-of-course assessment for the first year of high school mathematics plus the end-of-course assessment for the second year of high school mathematics. All of the objective alternative assessments available to students under RCW 28A.655.061 and 28A.655.065 shall be available to any student who has taken the sequence of end-of-course assessments once but does not meet the state mathematics standard on the sequence of end-of-course assessments.
     (((4))) (5) The superintendent of public instruction shall report at least annually or more often if necessary to keep the education committees of the legislature informed on each step of the development and implementation process under this section.

Sec. 7   RCW 28A.500.030 and 2010 c 237 s 6 are each amended to read as follows:
     Allocation of state matching funds to eligible districts for local effort assistance shall be determined as follows:
     (1) Funds raised by the district through maintenance and operation levies shall be matched with state funds using the following ratio of state funds to levy funds:
     (a) The difference between the district's fourteen percent levy rate and the statewide average fourteen percent levy rate; to
     (b) The statewide average fourteen percent levy rate.
     (2) The maximum amount of state matching funds for districts eligible for local effort assistance shall be the district's fourteen percent levy amount, multiplied by the following percentage:
     (a) The difference between the district's fourteen percent levy rate and the statewide average fourteen percent levy rate; divided by
     (b) The district's fourteen percent levy rate.
     (3)(a) Except as provided in (b) and (c) of this subsection, beginning with calendar year 2007, allocations and maximum eligibility under this chapter shall be fully funded at one hundred percent and shall not be reduced.
     (b) From January 1, 2011, to June 30, 2011, allocations and maximum eligibility under this chapter shall be multiplied by 0.8928.
     (c) From July 1, 2011, to December 31, 2011, allocations and maximum eligibility under this chapter shall be multiplied by 0.93713.

NEW SECTION.  Sec. 8   Section 7 of this act expires January 1, 2018.

NEW SECTION.  Sec. 9   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.