BILL REQ. #:  Z-0967.1 

Read first time 01/18/12.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to laboratory school partnerships; amending RCW 28A.305.140, 28A.305.140, 28A.655.180, and 28A.655.180; adding a new chapter to Title 28A RCW; providing an effective date; and providing an expiration date.

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

NEW SECTION.  Sec. 1   INTENT. The legislature finds that more low-achieving schools in the state are requesting assistance in improving the academic outcomes of students than are being assisted today.
     The legislature finds that schools across the country are experiencing greater improvements when coherent sets of strategies are implemented together, rather than by implementing one individual program change at a time.
     The legislature finds that promising educator development programs provide more school-based, residency, and mentor experiences for those preparing for teaching and leading careers.
     The legislature also finds that state institutions of higher education are seeking ways to disseminate best practices.
     Therefore, the legislature intends to create laboratory school partnerships that bring together Washington's institutions of higher education and low-achieving public schools to collaborate and implement plans to accelerate student achievement and deepen the knowledge and skills of educators. The synergy of the collaboration is expected to advance educator preparation and student learning practices within both the public school and higher education systems.

NEW SECTION.  Sec. 2   DEFINITION. As used in this chapter, unless the context clearly requires otherwise, "institution of higher education" has the same definition as in RCW 28B.10.016.

NEW SECTION.  Sec. 3   PROGRAM--CRITERIA--ELIGIBILITY. (1) The laboratory school partnership program is created. Each four-year institution of higher education may enter into an agreement with an eligible public school to form a partnership for a laboratory school. The purpose of the partnership is to create a laboratory school in which promising innovations and best practices are used to improve student achievement and the preparation of educators.
     (2) A laboratory school partnership is created by an agreement between a four-year institution of higher education and a school district to collaborate to improve student success and educator success outcomes by:
     (a) Developing and conducting instructional programs and services in an eligible partnership school; and
     (b) Developing educator skills in certificate candidates through public school-based alternative teacher and principal preparation programs.
     (3) A laboratory school is a school that satisfies the eligibility requirements in subsection (4) of this section and is partner to an agreement as described in subsection (2) of this section.
     (4) A public school is eligible to become a laboratory school if it:
     (a) Has been identified as persistently low-achieving under RCW 28A.657.020; and
     (b) Has not received other state, federal, or private funds specifically for the purpose of implementing a school improvement plan.
     (5) A four-year institution of higher education may work in conjunction with a Washington independent institution of higher education in the work of the laboratory school partnership, however, the four-year institution of higher education is the lead institution of higher education in any laboratory school partnership.

NEW SECTION.  Sec. 4   APPLICATION PROCESS. (1) Each four-year institution of higher education may apply to form a laboratory school partnership with one school district and its eligible school.
     (2) The office of the superintendent of public instruction must create a list of schools meeting, or that as of December 2011 met, the criteria under RCW 28A.657.020, and the school districts in which those schools are located. By July 1, 2012, the office of the superintendent of public instruction must notify schools on the list and their school districts of their eligibility to participate in a laboratory school partnership. The office of the superintendent of public instruction must immediately provide this list to the state board of education, the professional educator standards board, and the office of financial management.
     (3) The professional educator standards board shall also send the list of eligible schools, created under subsection (2) of this section, to each four-year institution of higher education school of education.
     (4)(a) The state board of education and the professional educator standards board shall jointly develop an application of intent for an eligible school and institution of higher education to form a partnership to develop a laboratory school. The following elements must be included in the application of intent:
     (i) To design a laboratory school partnership plan to improve the performance of the low-achieving school and to enhance the relevant practical experience for students and faculty in teacher and principal education programs and submit the plan to the professional educator standards board and the state board of education;
     (ii) To implement the laboratory school partnership plan after its approval;
     (iii) To disseminate lessons learned from the implementation of a laboratory school including: Best practices for teacher and principal preparation; data regarding student achievement; and school improvement activities related to improved student achievement; and
     (iv) To designate the entity that will serve as fiscal agent for the laboratory school partnership.
     (b)(i) The state board of education has approval authority for the student achievement portion of the application of intent.
     (ii) The professional educator standards board has approval authority for the portions of application of intent related to educator preparation.
     (5) The application must be signed by the president of the institution of higher education, the institution of higher education's dean of the school of education, the superintendent of the school district in which the public school is located, and the principal of the eligible school.
     (6) After the approval of the application of intent, the state board of education and the professional educator standards board must inform the office of financial management of those partnerships that have approved applications of intent. As appropriated for this purpose, the office of financial management must make available to each laboratory school partnership financial resources for the development of the laboratory school partnership plan.

NEW SECTION.  Sec. 5   PLAN REQUIREMENTS. (1) The laboratory school partnership plan must be developed in collaboration with the institution of higher education's educator preparation program staff as well as others as designated by the institution of higher education; and staff and community members from the eligible school and school district, including administrators, teachers, parents, unions representing employees within the district, and students, as appropriate. The school board and the institution of higher education must jointly conduct at least one public hearing regarding the plan.
     (2) The plan must include the following elements:
     (a) An examination of the elements included in the school academic performance audit under RCW 28A.657.040;
     (b) Articulation of the goals and related outcomes for the laboratory school related to significant student achievement gains and educator preparation and development skills;
     (c) A description of learning innovations and instructional best practices to be implemented in the laboratory school that: (i) Affect both educator preparation and school instructional and support services provided to the school's students, and (ii) change current practices;
     (d) A description of the roles, activities, and responsibilities of the institution of higher education, the laboratory school, and laboratory school's school district in carrying out the laboratory school partnership plan;
     (e) A description of the strategies the laboratory school will use to engage families and communities;
     (f) Identification of other entities involved in the laboratory school and their roles and activities related to the implementation of the laboratory school partnership plan;
     (g) Identification of measures the laboratory school will use in assessing:
     (i) Student achievement, skill development, and other student success indicators; and
     (ii) Educator skill development;
     (h) Identification of waivers to be requested from the state board of education under RCW 28A.305.140 and from the superintendent of public instruction under RCW 28A.655.180;
     (i) Identification of any modifications to approved alternative route programs or waivers to be requested of the professional educator standards board related to alternative routes to teacher and principal preparation;
     (j) A proposed budget that uses the funding provided the laboratory school partnership program and other resources available to the laboratory school partnership;
     (k) Identification and completion of any needed collective bargaining procedures as specified in RCW 28A.657.050(3) and any modifications to collective bargaining agreements at the institutions of higher education;
     (l) A statement providing that all contracts between a school district and an employee, and contracts between an institution of higher education and an employee, must allow the school district and the institution of higher education to implement the approved laboratory school partnership plan; and
     (m) A timeline, with identified progress benchmarks, for accomplishing the laboratory school partnership plan. The progress benchmarks must address the planning year, the 2013-14 school year, and the implementing years beginning with the 2014-15 school year and concluding in the 2016-17 school year. Nothing prevents a laboratory school partnership plan from beginning its implementation during the 2013-14 school year after approval of the plan as provided in section 6 of this act.

NEW SECTION.  Sec. 6   PLAN APPROVAL. (1) The laboratory school partnership, with supporting documentation from the eligible school's school district and the institution of higher education, shall jointly submit the laboratory school partnership plan to the state board of education and the professional educator standards board not later than February 1, 2013.
     (2) The professional educator standards board has the responsibility to approve or to not approve the portions of the plan related to educator preparation.
     (3) The state board of education must accept for inclusion in the plan the final decision of the superior court on any issue certified by the executive director of the public employment relations commission under the process in RCW 28A.657.050. The state board of education shall approve a plan proposed by a laboratory school partnership only if the plan meets the requirements of section 5 of this act and provides sufficient remedies to improve student achievement. Any addendum or modification to an existing collective bargaining agreement negotiated under RCW 28A.657.050 or by agreement of the district and the exclusive bargaining unit, related to student achievement or school improvement, shall not go into effect until approval of the plan by the state board of education.
     (4) If the state board of education or the professional educator standards board does not approve the laboratory school partnership plan, it must notify the laboratory school partnership, the eligible school's school district board, and the institution of higher education, in writing with an explicit rationale for why the plan was not approved.
     (5) The laboratory school partnership may submit a new laboratory school partnership plan to the state board of education and the professional educator standards board for approval within forty days of notification that its plan was rejected.
     (6) After the approval of the laboratory school partnership plan, the state board of education and the professional educator standards board must inform the office of financial management of their approval of the plan. The office of financial management must make available to the laboratory school partnership the financial resources for the implementation of the laboratory school partnership plan, within the resources appropriated for this purpose.

NEW SECTION.  Sec. 7   WAIVERS. (1) Waivers for the implementation of laboratory school partnership plans may be granted under RCW 28A.655.180 and 28A.305.140.
     (2) Waivers may be initially granted for a time period not to exceed the designation of the school as a laboratory school and may be extended under the conditions specified in section 8 of this act.

NEW SECTION.  Sec. 8   REVIEW AND ACCOUNTABILITY. (1) Laboratory schools must provide the superintendent of public instruction the data required for the superintendent of public instruction to comply with any necessary reporting provisions of RCW 28A.657.100.
     (2) The institution of higher education partner must provide data requested by the professional educator standards board to enable the board to evaluate the teacher preparation program in the laboratory school and the extent to which the requirements of the plan are being met.
     (3) The professional educator standards board must conduct an analysis of the laboratory school data and practices, and establish strategies that assure longitudinal analysis of certificate candidate outcomes during and beyond the project. The analysis may be performed by an institution of higher education or another qualified entity through a contract with the professional educator standards board.
     (4) The laboratory school and the school district must provide data requested by the state board of education and as outlined in the plan approved under section 6 of this act.
     (5)(a) Both the professional educator standards board and the state board of education must summarize the laboratory school data obtained under subsections (2) and (3) of this section and make any recommendations in a manner that can be disseminated to the governor, legislature, institutions of higher education, and school districts.
     (b) A first report must be delivered no later than September 1, 2013, summarizing the laboratory school partnerships that have been formed.
     (c) Additional annual reports shall be submitted by September 1st for each of the implementation years with a final report due September 1, 2017.
     (6)(a) The state board of education and the professional educator standards board shall develop a collaborative process to review data collected under this section and reports prepared under this section and consult with the laboratory schools regarding the data and reports, any plan modifications, and any decisions regarding continuing plan implementation.
     (b) Recommendations from the state board of education and the professional educator standards board may include a determination to rescind the approval of a laboratory school partnership plan or to significantly modify the laboratory school partnership plan based on a lack of expected results as articulated in the plan. If the recommendation is to rescind the laboratory school partnership plan, the state board of education and the professional educator standards board must work with the school and school district to provide a plan to transition the laboratory school out of laboratory school status.
     (7) The state board of education and the professional educator standards board must notify a school when it completes its laboratory school plan.

NEW SECTION.  Sec. 9   CONTINUED OPERATION OF LABORATORY SCHOOLS. Upon the successful completion of a laboratory school plan under this chapter, a laboratory school may retain laboratory school status if the school district and the institution of higher education develop and agree to a revised plan for continual school and teacher preparation program improvement beyond the completion of the plan supported by grant funds. The plans must be updated and reapproved every five years. The laboratory school must notify the state board of education, the professional educator standards board, and the office of the superintendent of public instruction of their continuing partnership. As long as a school is a laboratory school, the school continues to be eligible for waivers applicable to laboratory schools.

Sec. 10   RCW 28A.305.140 and 2011 c 260 s 8 are each amended to read as follows:
     (1) The state board of education may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to:
     (a) Implement successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program; ((or))
     (b) Implement an innovation school or innovation zone designated under RCW 28A.630.081; or
     (c) Implement a laboratory school under section 2 of this act.
     (2) The state board shall adopt criteria to evaluate the need for the waiver or waivers.

Sec. 11   RCW 28A.305.140 and 1990 c 33 s 267 are each amended to read as follows:
     (1) The state board of education may grant waivers to school districts from the provisions of RCW 28A.150.200 through 28A.150.220 on the basis that such waiver or waivers are necessary to implement:
     (a) Successfully a local plan to provide for all students in the district an effective education system that is designed to enhance the educational program for each student. The local plan may include alternative ways to provide effective educational programs for students who experience difficulty with the regular education program; or
     (b) A laboratory school under section 2 of this act.
     (2) The state board shall adopt criteria to evaluate the need for the waiver or waivers.

Sec. 12   RCW 28A.655.180 and 2011 c 260 s 9 are each amended to read as follows:
     (1) The state board of education, where appropriate, or the superintendent of public instruction, where appropriate, may grant waivers to districts from the provisions of statutes or rules relating to: The length of the school year; student-to-teacher ratios; and other administrative rules that in the opinion of the state board of education or the opinion of the superintendent of public instruction may need to be waived in order for a district to implement a plan for restructuring its educational program or the educational program of individual schools within the district or to implement an innovation school or innovation zone designated under RCW 28A.630.081 or to implement a laboratory school under section 2 of this act.
     (2) School districts may use the application process in RCW 28A.305.140 to apply for the waivers under this section.

Sec. 13   RCW 28A.655.180 and 2009 c 543 s 3 are each amended to read as follows:
     (1) The state board of education, where appropriate, or the superintendent of public instruction, where appropriate, may grant waivers to districts from the provisions of statutes or rules relating to: The length of the school year; student-to-teacher ratios; and other administrative rules that in the opinion of the state board of education or the opinion of the superintendent of public instruction may need to be waived in order for a district to implement a plan for restructuring its educational program or the educational program of individual schools within the district or to implement a laboratory school under section 2 of this act.
     (2) School districts may use the application process in RCW 28A.305.140 to apply for the waivers under this section.

NEW SECTION.  Sec. 14   Sections 1 through 9 of this act constitute a new chapter in Title 28A RCW.

NEW SECTION.  Sec. 15   Sections 10 and 12 of this act expire June 30, 2019.

NEW SECTION.  Sec. 16   Sections 11 and 13 of this act take effect June 30, 2019.