BILL REQ. #:  H-1666.2 

READ FIRST TIME 02/22/13.   

     AN ACT Relating to establishing accountability for student performance in third grade; adding new sections to chapter 28A.655 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that significant state investments have been and will be made to support a continuum of learning from prekindergarten through third grade, including through early learning programs, statewide implementation of full-day kindergarten, and reduced class sizes in grades kindergarten through three. These investments reflect the importance of providing young children with the best possible opportunities to develop foundational knowledge and skills, particularly in the critical area of English language arts. The investments also reflect the legislature's recognition that early intervention represents the best hope of eliminating the educational opportunity gap among groups of students.
     (2) The legislature also finds that such investments and the state's commitment to prekindergarten through third grade learning warrant an accountability mechanism to ensure positive student outcomes. School districts should be required to notify parents or guardians about the availability of educational options to provide intensive instructional supports and services if student performance in English language arts continues to fall below grade level after completion of third grade. Furthermore, statewide implementation of aligned curriculum, instruction, and assessments associated with the common core state standards, along with expanded use of the state kindergarten readiness assessment for early identification of students needing assistance, provide a timely opportunity to initiate this accountability mechanism.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The definitions in this subsection apply throughout this section and sections 3 through 6 of this act unless the context clearly requires otherwise.
     (a) "Basic" means a score on the statewide student assessment at a level two in a four-level scoring system.
     (b) "Below basic" means a score on the statewide student assessment at a level one in a four-level scoring system.
     (c) "Not meet the state standard" means a score on the statewide student assessment at either a level one or a level two in a four-level scoring system.
     (d) "Section 504 plan" means a plan for providing accommodations to enable students with disabilities to access educational services as required under section 504 of the federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794).
     (2) When the policy in this subsection takes effect as provided in section 7 of this act, a student who receives a score of below basic on the third grade statewide student assessment in English language arts may not be promoted to fourth grade unless the student meets one of the good cause exemptions under section 3 of this act, or unless the student's parent or guardian does not concur with the retention of the student in third grade.
     (3) Beginning in the 2013-14 school year, a school district must provide intensive instructional supports and services as required under section 4 of this act for any student who did not meet the state standard on the third grade statewide student assessment in English language arts in the previous school year.
     (4) If a student does not have a score in English language arts on the third grade statewide student assessment, the policies regarding promotion and instructional support under this section and section 4 of this act are required if the district determines, using district or classroom-based diagnostic assessments or another standardized assessment, that the student's performance is equivalent to basic or below basic in English language arts.
     (5) A school district must provide written notification to the parent or guardian of a student who does not meet the state standard on the third grade statewide student assessment in English language arts. The notification must provide information about the promotion policies under this section and the options for intensive instructional supports and services described under section 4 of this act. The district must consult with the student's parent or guardian about the forms of instructional supports and services the parent or guardian prefers and the forms recommended by the student's teachers and principal. If the student is subject to the promotion policies under this section, the district must seek the concurrence of the parent or guardian to retain the student in third grade and have complied with each of the provisions in section 5 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) A school district may exempt the following students from the performance standard for promotion to fourth grade required under section 2 of this act:
     (a) Students who participate in the statewide student assessment system through an alternate assessment designed for students with significant cognitive disabilities;
     (b) Students with disabilities whose individualized education program includes specially designed instruction in English language arts, and whose individualized education program team determines that retention in third grade is not an appropriate educational placement;
     (c) Students who are English language learners who have been enrolled in the transitional bilingual instructional program under chapter 28A.180 RCW for two or fewer years; and
     (d) Students who have previously been retained in the same grade and who have received supplemental instruction and remediation for at least two years.
     (2) School districts must exempt a student from the performance standard for promotion to fourth grade required under section 2 of this act if the student's parent or guardian does not concur with the retention of the student in third grade.
     (3) School districts must adopt a policy for the mid-year promotion to fourth grade of a student who is retained in third grade under section 2 of this act if the district determines the student is demonstrating sufficient progress to be likely to achieve at least a score of basic on the fourth grade statewide student assessment in English language arts.

NEW SECTION.  Sec. 4   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) Beginning in the 2013-14 school year, a school district must, at a minimum, provide one or more of the following educational options for any student who did not meet the state standard on the third grade statewide assessment in English language arts in the previous school year:
     (a) The opportunity to assign the student to a different classroom or school within the district;
     (b) An evaluation of the student to determine if an individualized education program or a section 504 plan should be developed or revised, and then implementation of that program or plan;
     (c) Provision of intensive, research-based supplemental instruction in English language arts, which may include supplemental tutoring, small group instruction, reduced teacher-to-student ratios, extended learning opportunities through an extended school day or school year, or other research-based strategies intended to assist the student in reaching the state standard in English language arts;
     (d) Use of diagnostic assessments to identify specific skills where the student needs assistance and other formative assessments to monitor student progress during the school year; or
     (e) Retention of the student in third grade as provided under section 2 of this act.
     (2) To implement the instructional supports and services required under this section and section 5 of this act, school districts may use state funds provided for basic education through general apportionment or the learning assistance program, state and federal funds for the transitional bilingual instructional program for students eligible for and enrolled in the program, state and federal funds for special education for students with disabilities, federal funds from Title I of the elementary and secondary education act, or any other state, federal, local, or private funds available generally or specifically to support student learning in English language arts.

NEW SECTION.  Sec. 5   A new section is added to chapter 28A.655 RCW to read as follows:
     Before seeking the concurrence of a parent or guardian to retain a student in third grade as provided under section 2 of this act, a school district must have complied with the following provisions:
     (1)(a) The school district must assess whether a student:
     (i) Has a disability, even if the disability is not at a level of severity that requires development of a section 504 plan or an individualized education program;
     (ii) Has a form of dyslexia or other learning disability; or
     (iii) Is an English language learner whose language proficiency is impeding the student's reading, even if the student does not qualify for the transitional bilingual instruction program.
     (b) The results of the assessments under this subsection (1) must be communicated in writing and in person with the parent or guardian of the student. The district must also make recommendations regarding appropriate intensive instructional supports and services that could be provided for the student.
     (2) The school district must provide appropriate intensive instructional supports and services for the student that are specific to that student's learning needs for at least five months.
     (3) The school district must inform the parent or guardian in writing and in person that research indicates that retention may increase the likelihood of a student dropping out of school, may result in permanent emotional harm to the student, and often does not improve student performance. The school district must also inform the parent or guardian that the student is eligible to receive the other intensive instructional supports and services outlined in section 4 of this act as an alternative to retention.

NEW SECTION.  Sec. 6   A new section is added to chapter 28A.655 RCW to read as follows:
     (1) The requirement under section 2(2) of this act that school districts may not promote certain students to fourth grade based on their performance on the third grade statewide student assessment in English language arts, subject to the other provisions of sections 2 through 5 of this act, takes effect in the school year when the first cohort of third grade students has had an opportunity to enroll in statewide, state-funded all-day kindergarten as provided under RCW 28A.150.315 and to enroll in kindergarten through third grade classes where the state allocations for class size have been as provided under RCW 28A.150.260(4)(b).
     (2) The office of the superintendent of public instruction must provide notice of the effective date of the requirement under section 2(2) of this act to school districts, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the office of the superintendent of public instruction.

NEW SECTION.  Sec. 7   (1) The office of the superintendent of public instruction must identify a range of research-based, intensive instructional supports and services designed to enable a student who is not reading at grade level by the end of second grade to reach grade-level reading proficiency by the end of third grade, including meeting the state standard on the statewide student assessment in English language arts. The instructional supports and services must address such contributing factors as dyslexia, language impediments, environmental and social emotional factors, and any form of learning disability regardless of whether the disability is at a level of severity that requires development of a section 504 plan or an individualized education program.
     (2) The office of the superintendent of public instruction must submit a report to the education committees of the legislature by December 31, 2013, outlining the range of research-based, intensive instructional supports and services identified under this section, along with an estimate of the number of students in grades kindergarten through third grade who would benefit from these services and the estimated cost to provide them.