BILL REQ. #:  S-1143.1 

Read first time 02/06/13.   Referred to Committee on Early Learning & K-12 Education.

     AN ACT Relating to using the collaborative schools process for required action districts that continue to struggle to improve student academic achievement; amending RCW 28A.630.101, 28A.630.103, 28A.630.104, 28A.630.105, 28A.630.107, 28A.657.020, 28A.657.090, 28A.657.100, and 28A.657.125; adding a new section to chapter 28A.657 RCW; and providing an expiration date.

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

Sec. 1   RCW 28A.630.101 and 2012 c 53 s 1 are each amended to read as follows:
     (1) The legislature finds that:
     (a) There are more low-achieving schools in the state seeking assistance in improving the academic outcomes of students than are being assisted using current school improvement initiatives;
     (b) Promising educator development programs provide intensive school-based, residency, and mentor experiences for those preparing for careers in teaching and educational leadership; and
     (c) Collaboration among colleges of education, schools, and communities offers unique opportunities to leverage resources, foster innovation, disseminate best practices in educator preparation and professional development, and close the educational opportunity gap for students in low-achieving schools.
     (2) Therefore, the legislature intends to authorize a pilot project where colleges of education collaborate with school districts to establish collaborative schools for innovation and success serving particularly at-risk and low-achieving students and schools that are persistently low-achieving even after receiving state intervention services through the required action process established in chapter 28A.657 RCW. Each collaboration is intended both to accelerate student achievement and deepen the knowledge and skills of current and future educators. ((The legislature intends that the initial collaborations occur in elementary schools. Pending the evaluation results of the initial pilot project, the legislature may expand the collaborations to include middle and high schools.))

Sec. 2   RCW 28A.630.103 and 2012 c 53 s 3 are each amended to read as follows:
     (1)(a) The collaborative schools for innovation and success pilot project is created.
     (b) Any school district in the state may enter an agreement with a college of education and submit an application to the office of the superintendent of public instruction and the professional educator standards board as provided in RCW 28A.630.104 to participate in the pilot project.
     (c) School districts that have participated in the required action district process as established in chapter 28A.657 RCW are required to participate in the collaborative schools for innovation and success pilot project if recommended by the office of the superintendent of public instruction under the authority of RCW 28A.657.100 if the state board of education approves that recommendation.
     (2) The purpose of the pilot project is for colleges of education and school districts to collaborate to improve student and educator success by:
     (a) Developing and implementing research-based models of instruction and services that have proven to be successful in closing the educational opportunity gap and improving student learning in low-performing schools; and
     (b) Developing and implementing research-based models of educator preparation and professional development programs that have proven to be successful in building an educator workforce with the knowledge, skills, and background that aligns with the characteristics and needs of students in low-performing schools.
     (3) For ((each proposed pilot project)) school districts voluntarily participating in the pilot project under the authority of subsection (1)(b) of this section, the college of education and the school district shall collaborate to select an elementary school in the district to be the collaborative school for innovation and success. The school must be among the lowest-achieving schools in the district as measured by district, state, or federal criteria, including criteria that measure the educational opportunity gap in the school, and the school must not have received state, federal, or private funds for the purpose of implementing a school improvement plan.

Sec. 3   RCW 28A.630.104 and 2012 c 53 s 4 are each amended to read as follows:
     (1) Each school district and college of education seeking approval to participate in the collaborative schools for innovation and success pilot project under the authority of RCW 28A.630.103(1)(b) must submit a joint application of intent to the office of the superintendent of public instruction and the professional educator standards board by July 1, 2012. Those school districts that are required to participate in the pilot project under the authority of RCW 28A.630.103(1)(c) and 28A.657.100 are not required to submit a joint application of intent.
     (2) An application of intent must contain:
     (a) The school selected for inclusion in the pilot project and the rationale for its selection;
     (b) The research basis and theory of action proposed to close the educational opportunity gap and improve student achievement in the selected school;
     (c) The research basis and theory of action proposed to improve educator preparation and professional development in the selected school;
     (d) A preliminary plan for involving parents, community members, and school staff in the development of the innovation and success plan under RCW 28A.630.105;
     (e) The proposed roles and responsibilities of the college of education and school district in the pilot project; and
     (f) A preliminary plan for using the results of the pilot project to improve educational programs throughout the school district and throughout the college of education.
     (3) The office of the superintendent of public instruction and the professional educator standards board shall jointly review the applications submitted under the authority of RCW 28A.630.103(1)(b) and select up to six applications for participation in the pilot project no later than August 1, 2012. One of the selected applications must be from the largest school district in western Washington that submitted an application, and one must be from the largest school district in eastern Washington that submitted an application.
     (4) The selection criteria shall include, but are not limited to, the quality of the research basis for the proposed collaboration; the efficacy of the proposed strategies for closing the educational opportunity gap, improving student achievement, and improving educator preparation in low-performing schools; and the degree of commitment displayed by the college of education and the school district to collaborate throughout the pilot project.
     (5) Subject to funds appropriated specifically for this purpose, the office of the superintendent of public instruction shall allocate grants to three of the selected applications under subsection (3) of this section, to be used for development and implementation of an innovation and success plan under RCW 28A.630.105. The colleges of education and school districts from the remaining selected applications under subsection (3) of this section may participate in the collaborative schools for innovation and success pilot project by complying with the provisions of RCW 28A.630.105 through 28A.630.107, but without state funding support.
     (6) The office of the superintendent of public instruction shall allocate grants to support the development and implementation of an innovation and success plan under RCW 28A.630.105 for all school districts required to participate in the pilot project under RCW 28A.657.100.
     (7) The college of education shall serve as the fiscal agent for the pilot project, unless the college is an independent institution of higher education, in which case the school district shall serve as the fiscal agent. Each college of education and school district must seek private, foundation, community, or other grant funds to leverage any supplemental state funds that may be appropriated for the purposes of the pilot project.

Sec. 4   RCW 28A.630.105 and 2012 c 53 s 5 are each amended to read as follows:
     (1) After receiving approval of an application of intent, each college of education and school district must conduct a comprehensive needs assessment of the students to be served by a collaborative school for innovation and success. The needs assessment must use disaggregated student data and include a thorough evaluation of student needs as identified by the parents of the students served by the school, as well as the levels of support within the school community and in the external community at-large for students' academic and social emotional needs. The needs assessment must also examine elements included in an academic performance audit under RCW 28A.657.040.
     (2) The college of education and the school district must develop an innovation and success plan for the school in collaboration with school staff, parents, and community members. For school districts required to participate in the pilot project under RCW 28A.657.100, the school district shall work in collaboration with the office of the superintendent of public instruction and the college of education in developing the innovation and success plan.
     (3) The innovation and success plan must include:
     (a) The proposed program for instruction, wraparound support services, resource deployment, and professional development that has been developed based on the comprehensive needs assessment;
     (b) A family and community engagement strategy that builds support among students and parents for high achievement for all students in culturally appropriate ways;
     (c) Professional learning communities among school staff and higher education faculty that are focused on identifying and responding to emergent student learning needs;
     (d) Intensive preparation of teacher and principal candidates using research-based practices and a particular focus on cultural competency and skill development to improve learning for English language learners, highly mobile and homeless students, students with disabilities, and other students with special learning needs;
     (e) Identification of the metrics that will be used to assess student achievement and skill development, both while the students are enrolled in elementary school and after they continue into middle school, and specific goals for improvement of these outcomes over the term of the pilot project, including but not limited to such metrics as attendance, grade-level retention, student growth, disciplinary incidents, course completion and grades, and performance on classroom-based assessments;
     (f) Identification of the metrics that will be used to assess educator skill development, both for preservice and certificated educators, and specific goals for improvement of these outcomes over the term of the pilot project;
     (g) Identification of private and community partners to provide wraparound services, technology, mentoring, or other enhancements for the students in the school;
     (h) Identification of waivers to be requested from the state board of education under RCW 28A.305.140 or from the superintendent of public instruction under RCW 28A.655.180;
     (i) Identification of any modifications to approved educator preparation programs or other waivers to be requested from the professional educator standards board;
     (j) Identification and completion of any modifications to school district collective bargaining agreements necessary to implement the innovation and success plan, using the procedures under RCW 28A.657.050(3); and
     (k) A proposed budget based on funding and resources available to the pilot project.
     (4) Each college of education and school district participating in the pilot project voluntarily must submit a completed innovation and success plan to the office of the superintendent of public instruction and the professional educator standards board by March 15, 2013. Each college of education and school district participating in the pilot project under the requirements of RCW 28A.657.100 shall submit a completed innovation and success plan to the professional educator standards board and the office of the superintendent of public instruction within six months of the state board of education's approval required under section 10 of this act.
     (5) The office of the superintendent of public instruction and the professional educator standards board must notify each college of education and school district ((by May 1, 2013,)) within two months of the innovation and success plan being submitted or by May 1st of the year in which the plan is submitted, whichever is first, of whether the innovation and success plan has been approved. If the plan is not approved, the reasons must be specified in writing and the college of education and school district must be provided an opportunity to revise and resubmit the plan within thirty days. The office and the board may provide technical assistance in revising a plan.
     (6) School districts are encouraged to assign teachers, principals, and other staff to a collaborative school for innovation and success who express an interest, commitment, and qualifications to participate in the pilot project. School districts are also encouraged to permit the transfer of existing school staff to another school in the district if the staff do not wish to participate in the pilot project.

Sec. 5   RCW 28A.630.107 and 2012 c 53 s 7 are each amended to read as follows:
     (1) Subject to funds appropriated specifically for this purpose, the office of the superintendent of public instruction shall contract with a northwest educational research organization to conduct an evaluation of the collaborative schools for innovation and success pilot project using quantitative and qualitative analysis to identify successful practices in improving student and educator outcomes. The organization shall submit a preliminary evaluation by December 1, 2015, and a final evaluation by September 1, 2018, to the superintendent of public instruction and the professional educator standards board.
     (2) Based on the experience of the participants and the evaluation results, the office of the superintendent of public instruction and the professional educator standards board shall recommend whether the voluntary pilot project should be modified, continued, and expanded to include other elementary schools in the state, or expanded to include middle and high schools. The office and the board shall submit their recommendations and the final report of the pilot project to the governor and the appropriate committees of the legislature by December 1, 2018.

Sec. 6   RCW 28A.657.020 and 2010 c 235 s 102 are each amended to read as follows:
     (1) Beginning in 2010, and each year thereafter, by December 1st, the superintendent of public instruction shall annually identify schools as one of the state's persistently lowest-achieving schools if the school is a Title I school, or a school that is eligible for but does not receive Title I funds, that is among the lowest-achieving five percent of Title I or Title I eligible schools in the state.
     (2) The criteria for determining whether a school is among the persistently lowest-achieving five percent of Title I schools, or Title I eligible schools, under subsection (1) of this section shall be established by the superintendent of public instruction. The criteria must meet all applicable requirements for the receipt of a federal school improvement grant under the American recovery and reinvestment act of 2009 and Title I of the elementary and secondary education act of 1965, and take into account both:
     (a) The academic achievement of the "all students" group in a school in terms of proficiency on the state's assessment, and any alternative assessments, in reading and mathematics combined; and
     (b) The school's lack of progress on the mathematics and reading assessments over a number of years in the "all students" group.
     (3) Beginning in 2013, and each year thereafter, as part of the second phase of the accountability system, schools that are not Title I schools may be identified as one of the state's persistently lowest-achieving schools by the superintendent of public instruction under the same criteria established in subsections (1) and (2) of this section and shall be eligible for state funding as provided in this chapter. Non-Title I schools identified under this section are subject to the same requirements under this chapter as are Title I schools.

Sec. 7   RCW 28A.657.090 and 2010 c 235 s 109 are each amended to read as follows:
     A school district must implement a required action plan upon approval by the state board of education. The office of (([the])) the superintendent of public instruction must provide the required action district with technical assistance and federal school improvement grant funds ((or)), other federal funds for school improvement, if available, or state funds to implement an approved plan. The district must submit a report to the superintendent of public instruction that provides the progress the district is making in meeting the student achievement goals based on the state's assessments, identifying strategies and assets used to solve audit findings, and establishing evidence of meeting plan implementation benchmarks as set forth in the required action plan.

Sec. 8   RCW 28A.657.100 and 2010 c 235 s 110 are each amended to read as follows:
     (1) The superintendent of public instruction must provide a report twice per year to the state board of education regarding the progress made by all school districts designated as required action districts.
     (2) The superintendent of public instruction must recommend to the state board of education that a school district be released from the designation as a required action district after the district implements a required action plan for a period of three years; has made progress, as defined by the superintendent of public instruction, in reading and mathematics on the state's assessment over the past three consecutive years; and no longer has a school within the district identified as persistently lowest-achieving. The state board shall release a school district from the designation as a required action district upon confirmation that the district has met the requirements for a release.
     (3) If a required action district has not met the criteria established in subsection (2) of this section requiring release from designation as a required action district, the superintendent of public instruction may:
     (a) Recommend to the state board of education that the district remain a required action district for an additional three years; or
     (b) Recommend to the state board of education that some or all of schools designated as persistently lowest-achieving schools in the district be required to enter into an agreement with a college of education under the provisions established in chapter 28A.630 RCW. If there are multiple schools within the required action district that are recommended to enter into agreements, the same college of education must be used for all the schools.
     (4) If the state board of education determines that the required action district has not met the requirements for release((,)) and the district is to remain((s)) in required action ((and)), the district must submit a new or revised plan under the process in RCW 28A.657.050.
     (5) If the state board of education determines that the required action district has not met the requirements for release but determines that a lowest-achieving school is to be required to enter into an agreement with a college of education under the requirements of chapter 28A.630 RCW, it shall provide the original school district with written notice of the recommendation and shall release the school district from the designation of a required action district only if all of the lowest-achieving schools in the district are required to enter into agreements with a college of education.

Sec. 9   RCW 28A.657.125 and 2010 c 235 s 114 are each amended to read as follows:
     (1) The legislature finds that a unified and equitable system of education accountability must include expectations and benchmarks for improvement, along with support for schools and districts to make the necessary changes that will lead to success for all students. Such a system must also clearly address the consequences for persistent lack of improvement. Establishing a process for school districts to prepare and implement a required action plan is one such consequence. However, to be truly accountable to students, parents, the community, and taxpayers, the legislature must also consider what should happen if a required action district continues not to make improvement after an extended period of time. Without an answer to this significant question, the state's system of education accountability is incomplete. Furthermore, accountability must be appropriately shared among various levels of decision makers, including in the building, in the district, and at the state.
     (2)(a) A joint select committee on education accountability is established beginning no earlier than May 1, 2012, with the following members:
     (i) The president of the senate shall appoint two members from each of the two largest caucuses of the senate.
     (ii) The speaker of the house of representatives shall appoint two members from each of the two largest caucuses of the house of representatives.
     (b) The committee shall choose its cochairs from among its membership.
     (3) The committee shall:
     (a) Identify and analyze options for a complete system of education accountability, particularly consequences in the case of persistent lack of improvement by a required action district;
     (b) Identify and analyze appropriate decision-making responsibilities and accompanying consequences at the building, district, and state level within such an accountability system;
     (c) Examine models and experiences in other states;
     (d) Identify the circumstances under which significant state action may be required; ((and))
     (e) Analyze the financial, legal, and practical considerations that would accompany significant state action;
     (f) Examine whether the use of the collaborative schools pilot project as the second phase for addressing persistent lack of improvement by a required action district is appropriate; and
     (g) Make recommendations as to whether additional actions or monitoring should be implemented for required action districts that are released from the designation of a required action district in order to ensure that the changes instituted at the school are ongoing and that continuity of services and high academic achievement are maintained after the designation is removed.
     (4) Staff support for the committee must be provided by the senate committee services and the house of representatives office of program research.
     (5) The committee shall submit an interim report to the education committees of the legislature by September 1, 2012, and a final report with recommendations by September 1, 2013.
     (6) This section expires June 30, 2014.

NEW SECTION.  Sec. 10   A new section is added to chapter 28A.657 RCW to read as follows:
     (1) If a required action district fails to be released from the designation of a required action district under the provisions of RCW 28A.657.100, each school within that district that is designated as a persistently lowest-achieving school may be required to enter into an agreement with a college of education in accordance with chapter 28A.630 RCW at the recommendation of the superintendent of public instruction and with the approval of the state board of education.
     (2) The superintendent of public instruction shall make a recommendation to the state board of education. The state board of education shall develop criteria for determining whether to approve or deny the recommendation, including a process for identifying which college of education would be the partner entity.
     (3) The superintendent of public instruction shall provide the required action school district superintendent with written notice of the recommendation by certified mail or personal service.
     (4) The state board of education must consider the recommendations of the superintendent of public instruction under subsection (2) of this section at a public meeting and must provide an opportunity for comment on the proposal.
     (5) If the state board of education approves the recommendation, the office of the superintendent of public instruction shall provide technical assistance to the school district and the college of education identified by the state board of education in developing an innovation and success plan as established in RCW 28A.630.105.

NEW SECTION.  Sec. 11   Sections 1 through 5 of this act expire June 30, 2019.