| Passed by the Senate June 28, 2013 YEAS 46 ________________________________________ President of the Senate Passed by the House June 28, 2013 YEAS 69 ________________________________________ Speaker of the House of Representatives | I, Hunter G. Goodman, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5946 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 63rd Legislature | 2013 2nd Special Session |
READ FIRST TIME 06/11/13.
AN ACT Relating to strengthening student educational outcomes; amending RCW 28A.165.005, 28A.165.015, 28A.165.035, 28A.165.055, 28A.165.065, 28A.600.015, 28A.600.020, 28A.600.410, 28A.600.460, 28A.300.046, 28A.300.042, 28A.415.010, 28A.150.325, 28A.250.010, 28A.250.020, 28A.250.050, 28A.250.060, 28A.250.070, 28A.225.225, 28A.150.100, 28A.525.162, and 28A.525.166; amending 2011 1st sp.s. c 34 s 1 (uncodified); reenacting and amending RCW 28A.225.220; adding a new section to chapter 28A.300 RCW; adding new sections to chapter 28A.320 RCW; adding new sections to chapter 28A.415 RCW; adding new sections to chapter 28A.655 RCW; adding a new section to chapter 28A.165 RCW; adding new sections to chapter 28A.600 RCW; adding a new section to chapter 28A.250 RCW; adding a new chapter to Title 28A RCW; creating new sections; recodifying RCW 28A.150.325; repealing RCW 28A.150.262, 28A.165.025, 28A.165.045, 28A.415.250, and 28A.415.260; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 A new section is added to chapter 28A.300
RCW to read as follows:
In support of reading and early literacy, the office of the
superintendent of public instruction is responsible for:
(1) Continuing to work collaboratively with state and regional
partners such as the department of early learning and the educational
service districts to establish early literacy benchmarks and standards
and to implement the Washington state comprehensive literacy plan;
(2) Disseminating research and information to school districts
about evidence-based programs and practices in reading readiness
skills, early literacy, and reading instruction;
(3) Providing statewide models to support school districts that are
implementing response to intervention initiatives, positive behavior
intervention support systems, or other similar comprehensive models of
data-based identification and early intervention; and
(4) Within available funds and in partnership with the educational
service districts, providing technical assistance and professional
development opportunities for school districts.
NEW SECTION. Sec. 102 A new section is added to chapter 28A.320
RCW to read as follows:
School districts are responsible for providing a comprehensive
system of instruction and services in reading and early literacy to
kindergarten through fourth grade students that is based on the degree
of student need for additional support. Reading and early literacy
systems provided by school districts must include:
(1) Annual use of screening assessments and other tools to identify
at-risk readers in kindergarten through fourth grade, such as the
Washington kindergarten inventory of developing skills, the Washington
state early learning and development guidelines for birth through third
grade, the second grade reading assessment under RCW 28A.300.310, and
locally used assessments and other tools; and
(2) Research-based family involvement and engagement strategies,
including strategies to help families and guardians assist in improving
students' reading and early literacy skills at home.
NEW SECTION. Sec. 103 A new section is added to chapter 28A.415
RCW to read as follows:
(1) High-quality professional development is essential for
educators to keep abreast of the important advances in research that
are occurring regarding instructional strategies and curriculum.
Professional development in early literacy is especially important to
support the instruction of young readers since reading proficiency is
a crucial element for student academic success.
(2) Subject to funds appropriated for this specific purpose, the
office of the superintendent of public instruction shall create
partnerships with the educational service districts and public or
private institutions of higher education with approved educator
preparation programs to develop and deliver research-based professional
development learning opportunities in reading instruction and early
literacy for teachers of kindergarten through fourth grade students.
NEW SECTION. Sec. 104 A new section is added to chapter 28A.320
RCW to read as follows:
(1) Each school district shall require that report cards for
students in kindergarten through fourth grade include information
regarding how the student is progressing on acquiring reading skills
and whether the student is at grade level in reading.
(2) If a student is not reading at or above grade level, the
teacher, with the support of other school personnel as appropriate,
must explain to the parent or guardian which interventions and
strategies will be used to help improve the student's reading skills
and must provide strategies for parents or guardians to assist with
improving the student's reading skills at home.
(3) Each school shall report to the school district the number of
students in grades kindergarten through four who are reading below
grade level and the interventions that are being provided to improve
the reading skills of the students, with the information disaggregated
by subgroups of students. The school district shall aggregate the
reports from the schools and provide the reports to the office of the
superintendent of public instruction. The office of the superintendent
of public instruction shall submit a statewide report annually to the
education committees of the legislature and the educational opportunity
gap oversight and accountability committee.
NEW SECTION. Sec. 105 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 section 106 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.
(2) Beginning in the 2014-15 school year, for any student who
receives a score of below basic on the third grade statewide student
assessment in English language arts, a meeting must be scheduled before
the end of the school year between the student's parent or guardian,
teacher, and the principal of the school the student attends or the
principal's designee to discuss appropriate grade placement and
recommended intensive strategies to improve the student's reading
skills. For students to be placed in fourth grade, the strategies
discussed must include an intensive improvement strategy provided,
supported, or contracted by the school district that includes a summer
program or other option identified by the parents, teacher, principal,
or principal's designee as appropriately meeting the student's need to
prepare for fourth grade. The parents or guardians must be fully
informed about the strategies and the parent's or guardian's consent
must be obtained regarding the appropriate grade placement and the
intensive improvement strategy to be implemented. The school district
must implement the strategy selected in consultation with the student's
parents or guardians.
(3) If a student does not have a score in English language arts on
the third grade statewide student assessment but the district
determines, using district or classroom-based diagnostic assessments or
another standardized assessment, that the student's performance is
equivalent to below basic in English language arts, the policy in
subsection (2) of this section applies.
(4) Students participating in the transitional bilingual
instruction program are exempt from the policy in subsection (2) of
this section, unless the student has participated in the transitional
bilingual instruction program for three school years and receives a
score of below basic on the third grade statewide student assessment in
English language arts.
(5) Students with disabilities whose individualized education
program includes specially designed instruction in reading or English
language arts are exempt from subsections (2), (3), and (4) of this
section. Communication and consultation with parents or guardians of
such students shall occur through the individualized education program
process required under chapter 28A.155 RCW and associated
administrative rules.
NEW SECTION. Sec. 106 A new section is added to chapter 28A.655
RCW to read as follows:
(1)(a) Beginning in the 2015-16 school year, except as otherwise
provided in this subsection (1), for any student who received a score
of basic or below basic on the third grade statewide student assessment
in English language arts in the previous school year, the school
district must implement an intensive reading and literacy improvement
strategy from a state menu of best practices established in accordance
with subsection (3) of this section or an alternative strategy in
accordance with subsection (4) of this section.
(b) Reading and literacy improvement strategies for students with
disabilities whose individualized education program includes specially
designed instruction in reading or English language arts shall be as
provided in the individualized education program.
(2)(a) Also beginning in the 2015-16 school year, in any school
where more than forty percent of the tested students received a score
of basic or below basic on the third grade statewide student assessment
in English language arts in the previous school year, as calculated
under this subsection (2), the school district must implement an
intensive reading and literacy improvement strategy from a state menu
of best practices established in accordance with subsection (3) of this
section or an alternative strategy in accordance with subsection (4) of
this section for all students in grades kindergarten through four at
the school.
(b) For the purposes of this subsection (2), the office of the
superintendent of public instruction shall exclude the following from
the calculation of a school's percentage of tested students receiving
a score of basic or below basic on the third grade statewide student
assessment:
(i) Students enrolled in the transitional bilingual instruction
program unless the student has participated in the transitional
bilingual instruction program for three school years;
(ii) Students with disabilities whose individualized education
program specifies a different standard to measure reading performance
than is required for the statewide student assessment; and
(iii) Schools with fewer than ten students in third grade.
(3) The office of the superintendent of public instruction shall
convene a panel of experts, including the Washington state institute
for public policy, to develop a state menu of best practices and
strategies for intensive reading and literacy improvement designed to
assist struggling students in reaching grade level in reading by the
end of fourth grade. The state menu must also include best practices
and strategies to improve the reading and literacy of students who are
English language learners and for system improvements that schools and
school districts can implement to improve reading instruction for all
students. The office of the superintendent of public instruction shall
publish the state menu by July 1, 2014, and update the state menu by
each July 1st thereafter.
(4) School districts may use an alternative practice or strategy
that is not on a state menu developed under subsection (3) of this
section for two school years initially. If the district is able to
demonstrate improved outcomes for participating students over the
previous two school years at a level commensurate with the best
practices and strategies on the state menu, the office of the
superintendent of public instruction must approve use of the
alternative practice or strategy by the district for one additional
school year. Subsequent annual approval by the superintendent of
public instruction to use the alternative practice or strategy is
dependent on the district continuing to demonstrate an increase in
improved outcomes for participating students.
Sec. 201 RCW 28A.165.005 and 2009 c 548 s 701 are each amended to
read as follows:
(1) This chapter is designed to: (((1))) (a) Promote the use of
((assessment)) data when developing programs to assist underachieving
students and reduce disruptive behaviors in the classroom; and (((2)))
(b) guide school districts in providing the most effective and
efficient practices when implementing supplemental instruction and
services to assist underachieving students and reduce disruptive
behaviors in the classroom.
(2) School districts implementing a learning assistance program
shall focus first on addressing the needs of students in grades
kindergarten through four who are deficient in reading or reading
readiness skills to improve reading literacy.
Sec. 202 RCW 28A.165.015 and 2009 c 548 s 702 are each amended to
read as follows:
Unless the context clearly indicates otherwise the definitions in
this section apply throughout this chapter.
(1) (("Approved program" means a program submitted to and approved
by the office of the superintendent of public instruction and conducted
pursuant to the plan that addresses the required elements as provided
for in this chapter.)) "Basic skills areas" means reading, writing, and mathematics
as well as readiness associated with these skills.
(2)
(((3))) (2) "Participating student" means a student in kindergarten
through grade twelve who scores below standard for his or her grade
level using multiple measures of performance, including on the
statewide student assessments or other assessments and performance
measurement tools administered by the school or district and who is
identified ((in)) by the ((approved plan)) district to receive
services.
(((4))) (3) "Statewide student assessments" means one or more of
the ((several basic skills assessments administered as part of the
state's student assessment system, and assessments in the basic skills
areas)) assessments administered by ((local)) school districts as
required under RCW 28A.655.070.
(((5))) (4) "Underachieving students" means students with the
greatest academic deficits in basic skills as identified by ((the))
statewide, school, or district assessments or other performance
measurement tools.
Sec. 203 RCW 28A.165.035 and 2008 c 321 s 4 are each amended to
read as follows:
(1) Beginning in the 2015-16 school year, expenditure of funds from
the learning assistance program must be consistent with the provisions
of section 106 of this act.
(2) Use of best practices that have been demonstrated through
research to be associated with increased student achievement magnifies
the opportunities for student success. To the extent they are included
as a best practice or strategy in one of the state menus or an approved
alternative under this section or section 106 of this act, the
following are services and activities that may be supported by the
learning assistance program:
(((1))) (a) Extended learning time opportunities occurring:
(((a))) (i) Before or after the regular school day;
(((b))) (ii) On Saturday; and
(((c))) (iii) Beyond the regular school year;
(((2))) (b) Services under RCW 28A.320.190;
(((3))) (c) Professional development for certificated and
classified staff that focuses on:
(((a))) (i) The needs of a diverse student population;
(((b))) (ii) Specific literacy and mathematics content and
instructional strategies; and
(((c))) (iii) The use of student work to guide effective
instruction and appropriate assistance;
(((4))) (d) Consultant teachers to assist in implementing effective
instructional practices by teachers serving participating students;
(((5))) (e) Tutoring support for participating students; ((and)) (f) Outreach activities and support for parents of
participating students, including employing parent and family
engagement coordinators; and
(6)
(g) Up to five percent of a district's learning assistance program
allocation may be used for development of partnerships with community-based organizations, educational service districts, and other local
agencies to deliver academic and nonacademic supports to participating
students who are significantly at risk of not being successful in
school to reduce barriers to learning, increase student engagement, and
enhance students' readiness to learn. The office of the superintendent
of public instruction must approve any community-based organization or
local agency before learning assistance funds may be expended.
(3) In addition to the state menu developed under section 106 of
this act, the office of the superintendent of public instruction shall
convene a panel of experts, including the Washington state institute
for public policy, to develop additional state menus of best practices
and strategies for use in the learning assistance program to assist
struggling students at all grade levels in English language arts and
mathematics and reduce disruptive behaviors in the classroom. The
office of the superintendent of public instruction shall publish the
state menus by July 1, 2015, and update the state menus by each July
1st thereafter.
(4)(a) Beginning in the 2016-17 school year, except as provided in
(b) of this subsection, school districts must use a practice or
strategy that is on a state menu developed under subsection (3) of this
section or section 106 of this act.
(b) Beginning in the 2016-17 school year, school districts may use
a practice or strategy that is not on a state menu developed under
subsection (3) of this section for two school years initially. If the
district is able to demonstrate improved outcomes for participating
students over the previous two school years at a level commensurate
with the best practices and strategies on the state menu, the office of
the superintendent of public instruction shall approve use of the
alternative practice or strategy by the district for one additional
school year. Subsequent annual approval by the superintendent of
public instruction to use the alternative practice or strategy is
dependent on the district continuing to demonstrate increased improved
outcomes for participating students.
(c) Beginning in the 2016-17 school year, school districts may
enter cooperative agreements with state agencies, local governments, or
school districts for administrative or operational costs needed to
provide services in accordance with the state menus developed under
this section and section 106 of this act.
(5) School districts are encouraged to implement best practices and
strategies from the state menus developed under this section and
section 106 of this act before the use is required.
NEW SECTION. Sec. 204 A new section is added to chapter 28A.165
RCW to read as follows:
(1) Beginning with the 2014-15 school year, school districts shall
record in the statewide individual student data system annual entrance
and exit performance data for each student participating in the
learning assistance program according to specifications established by
the office of the superintendent of public instruction.
(2) By August 1, 2014, and each August 1st thereafter, school
districts shall report to the office of the superintendent of public
instruction, using a common format prepared by the office:
(a) The amount of academic growth gained by students participating
in the learning assistance program;
(b) The number of students who gain at least one year of academic
growth; and
(c) The specific practices, activities, and programs used by each
school building that received learning assistance program funding.
(3) The office of the superintendent of public instruction shall
compile the school district data and report annual and longitudinal
gains for the specific practices, activities, and programs used by the
school districts to show which are the most effective. The data must
be disaggregated by student subgroups.
Sec. 205 RCW 28A.165.055 and 2009 c 548 s 703 are each amended to
read as follows:
((Each school district with an approved program is eligible for
state funds provided for the learning assistance program.)) The funds
for the learning assistance program shall be appropriated ((for the
learning assistance program)) in accordance with RCW 28A.150.260 and
the omnibus appropriations act. The distribution formula is for school
district allocation purposes only, but funds appropriated for the
learning assistance program must be expended for the purposes of RCW
28A.165.005 through 28A.165.065 and section 106 of this act.
Sec. 206 RCW 28A.165.065 and 2004 c 20 s 7 are each amended to
read as follows:
To ensure that school districts are meeting the requirements of
((an approved program)) this chapter, the superintendent of public
instruction shall monitor ((such)) learning assistance programs no less
than once every four years. ((Individual student records shall be
maintained at the school district.)) The primary purpose of program
monitoring is to evaluate the effectiveness of a district's allocation
and expenditure of resources and monitor school district fidelity in
implementing best practices. The office of the superintendent of
public instruction may provide technical assistance to school districts
to improve the effectiveness of a learning assistance program.
NEW SECTION. Sec. 301 A new section is added to chapter 28A.600
RCW to read as follows:
(1) The office of the superintendent of public instruction shall
convene a discipline task force to develop standard definitions for
causes of student disciplinary actions taken at the discretion of the
school district. The task force must also develop data collection
standards for disciplinary actions that are discretionary and for
disciplinary actions that result in the exclusion of a student from
school. The data collection standards must include data about
education services provided while a student is subject to a
disciplinary action, the status of petitions for readmission to the
school district when a student has been excluded from school, credit
retrieval during a period of exclusion, and school dropout as a result
of disciplinary action.
(2) The discipline task force shall include representatives from
the K-12 data governance group, the educational opportunity gap
oversight and accountability committee, the state ethnic commissions,
the governor's office of Indian affairs, the office of the education
ombudsman, school districts, and other education and advocacy
organizations.
(3) The office of the superintendent of public instruction and the
K-12 data governance group shall revise the statewide student data
system to incorporate the student discipline data collection standards
recommended by the discipline task force, and begin collecting data
based on the revised standards in the 2015-16 school year.
Sec. 302 RCW 28A.600.015 and 2006 c 263 s 701 are each amended to
read as follows:
(1) The superintendent of public instruction shall adopt and
distribute to all school districts lawful and reasonable rules
prescribing the substantive and procedural due process guarantees of
pupils in the common schools. Such rules shall authorize a school
district to use informal due process procedures in connection with the
short-term suspension of students to the extent constitutionally
permissible: PROVIDED, That the superintendent of public instruction
deems the interest of students to be adequately protected. When a
student suspension or expulsion is appealed, the rules shall authorize
a school district to impose the suspension or expulsion temporarily
after an initial hearing for no more than ten consecutive school days
or until the appeal is decided, whichever is earlier. Any days that
the student is temporarily suspended or expelled before the appeal is
decided shall be applied to the term of the student suspension or
expulsion and shall not limit or extend the term of the student
suspension or expulsion. An expulsion or suspension of a student may
not be for an indefinite period of time.
(2) Short-term suspension procedures may be used for suspensions of
students up to and including, ten consecutive school days.
(3) Emergency expulsions must end or be converted to another form
of corrective action within ten school days from the date of the
emergency removal from school. Notice and due process rights must be
provided when an emergency expulsion is converted to another form of
corrective action.
Sec. 303 RCW 28A.600.020 and 2006 c 263 s 706 are each amended to
read as follows:
(1) The rules adopted pursuant to RCW 28A.600.010 shall be
interpreted to ensure that the optimum learning atmosphere of the
classroom is maintained, and that the highest consideration is given to
the judgment of qualified certificated educators regarding conditions
necessary to maintain the optimum learning atmosphere.
(2) Any student who creates a disruption of the educational process
in violation of the building disciplinary standards while under a
teacher's immediate supervision may be excluded by the teacher from his
or her individual classroom and instructional or activity area for all
or any portion of the balance of the school day, or up to the following
two days, or until the principal or designee and teacher have
conferred, whichever occurs first. Except in emergency circumstances,
the teacher first must attempt one or more alternative forms of
corrective action. In no event without the consent of the teacher may
an excluded student return to the class during the balance of that
class or activity period or up to the following two days, or until the
principal or his or her designee and the teacher have conferred.
(3) In order to preserve a beneficial learning environment for all
students and to maintain good order and discipline in each classroom,
every school district board of directors shall provide that written
procedures are developed for administering discipline at each school
within the district. Such procedures shall be developed with the
participation of parents and the community, and shall provide that the
teacher, principal or designee, and other authorities designated by the
board of directors, make every reasonable attempt to involve the parent
or guardian and the student in the resolution of student discipline
problems. Such procedures shall provide that students may be excluded
from their individual classes or activities for periods of time in
excess of that provided in subsection (2) of this section if such
students have repeatedly disrupted the learning of other students. The
procedures must be consistent with the rules of the superintendent of
public instruction and must provide for early involvement of parents in
attempts to improve the student's behavior.
(4) The procedures shall assure, pursuant to RCW 28A.400.110, that
all staff work cooperatively toward consistent enforcement of proper
student behavior throughout each school as well as within each
classroom.
(5)(a) A principal shall consider imposing long-term suspension or
expulsion as a sanction when deciding the appropriate disciplinary
action for a student who, after July 27, 1997:
(((a))) (i) Engages in two or more violations within a three-year
period of RCW 9A.46.120, 28A.320.135, 28A.600.455, 28A.600.460,
28A.635.020, 28A.600.020, 28A.635.060, 9.41.280, or 28A.320.140; or
(((b))) (ii) Engages in one or more of the offenses listed in RCW
13.04.155.
(b) The principal shall communicate the disciplinary action taken
by the principal to the school personnel who referred the student to
the principal for disciplinary action.
(6) Any corrective action involving a suspension or expulsion from
school for more than ten days must have an end date of not more than
one calendar year from the time of corrective action. Districts shall
make reasonable efforts to assist students and parents in returning to
an educational setting prior to and no later than the end date of the
corrective action. Where warranted based on public health or safety,
a school may petition the superintendent of the school district,
pursuant to policies and procedures adopted by the office of the
superintendent of public instruction, for authorization to exceed the
one calendar year limitation provided in this subsection. The
superintendent of public instruction shall adopt rules outlining the
limited circumstances in which a school may petition to exceed the one
calendar year limitation, including safeguards to ensure that the
school district has made every effort to plan for the student's return
to school. School districts shall report to the office of the
superintendent of public instruction the number of petitions made to
the school board and the number of petitions granted on an annual
basis.
(7) Nothing in this section prevents a public school district,
educational service district, the Washington state center for childhood
deafness and hearing loss, or the state school for the blind if it has
suspended or expelled a student from the student's regular school
setting from providing educational services to the student in an
alternative setting or modifying the suspension or expulsion on a case-by-case basis.
Sec. 304 RCW 28A.600.410 and 1992 c 155 s 1 are each amended to
read as follows:
The state of Washington excludes tens of thousands of students from
school each year due to out-of-school suspensions and expulsions. Out-of-school suspensions and expulsions contribute to poor academic
achievement, lower graduation rates, and higher dropout rates. It is
the intent of the legislature to minimize the use of out-of-school
suspension and expulsion and its impact on student achievement by
reducing the number of days that students are excluded from school due
to disciplinary action. Student behavior should not result in the loss
of educational opportunity in the public school system.
School districts are encouraged to find alternatives to suspension
including reducing the length of a student's suspension conditioned by
the commencement of counseling or other treatment services. Consistent
with current law, the conditioning of a student's suspension does not
obligate the school district to pay for the counseling or other
treatment services except for those stipulated and agreed to by the
district at the inception of the suspension.
Sec. 305 RCW 28A.600.460 and 1997 c 266 s 9 are each amended to
read as follows:
(1) School district boards of directors shall adopt policies that
restore discipline to the classroom. Such policies must provide for at
least the following: Allowing each teacher to take disciplinary action
to correct a student who disrupts normal classroom activities, abuses
or insults a teacher as prohibited by RCW 28A.635.010, willfully
disobeys a teacher, uses abusive or foul language directed at a school
district employee, school volunteer, or another student, violates
school rules, or who interferes with an orderly education process.
Disciplinary action may include but is not limited to: Oral or written
reprimands; written notification to parents of disruptive behavior, a
copy of which must be provided to the principal.
(2) A student committing an offense under chapter 9A.36, 9A.40,
9A.46, or 9A.48 RCW when the activity is directed toward the teacher,
shall not be assigned to that teacher's classroom for the duration of
the student's attendance at that school or any other school where the
teacher is assigned.
(3) A student who commits an offense under chapter 9A.36, 9A.40,
9A.46, or 9A.48 RCW, when directed toward another student, may be
removed from the classroom of the victim for the duration of the
student's attendance at that school or any other school where the
victim is enrolled. A student who commits an offense under one of the
chapters enumerated in this section against a student or another school
employee, may be expelled or suspended.
(4) Nothing in this section is intended to limit the authority of
a school under existing law and rules to expel or suspend a student for
misconduct or criminal behavior.
(5) All school districts must collect data on disciplinary actions
taken in each school and must record these actions using the statewide
student data system, based on the data collection standards established
by the office of the superintendent of public instruction and the K-12
data governance group. The information shall be made available to the
public ((upon request. This collection of)), but public release of the
data shall not include personally identifiable information including,
but not limited to, a student's social security number, name, or
address.
Sec. 306 RCW 28A.300.046 and 2011 c 288 s 10 are each amended to
read as follows:
(1)(a) The superintendent of public instruction shall adopt rules
establishing a standard definition of student absence from school. In
adopting the definition, the superintendent shall review current
practices in Washington school districts, definitions used in other
states, and any national standards or definitions used by the national
center for education statistics or other national groups. The
superintendent shall also consult with the building bridges work group
established under RCW 28A.175.075.
(b) Using the definition of student absence adopted under this
section, the superintendent shall establish an indicator for measuring
student attendance in high schools for purposes of the PASS program
under RCW 28A.175.130.
(2)(a) The K-12 data governance group under RCW 28A.300.507 shall
establish the parameters and an implementation schedule for statewide
collection through the comprehensive education and data research system
of: (i) Student attendance data using the definitions of student
absence adopted under this section; and (ii) student discipline data
with a focus on suspensions and expulsions from school.
(b) ((At a minimum,)) Student suspension and expulsion data
collected for the purposes of this subsection (2) must be:
(i) Made publicly available and easily accessible on the
superintendent of public instruction's web site; and
(ii) Disaggregated and cross-tabulated as established under RCW
28A.300.042.
(c) School districts must collect and submit student attendance
data and student discipline data for high school students through the
comprehensive education and data research system for purposes of the
PASS program under RCW 28A.175.130 beginning in the 2012-13 school
year.
Sec. 307 RCW 28A.300.042 and 2009 c 468 s 4 are each amended to
read as follows:
(1) All student data-related reports required of the superintendent
of public instruction in this title must be disaggregated by at least
the following subgroups of students: White, Black, Hispanic, American
Indian/Alaskan Native, Asian, Pacific Islander/Hawaiian Native, low
income, transitional bilingual, migrant, special education, and
students covered by section 504 of the federal rehabilitation act of
1973, as amended (29 U.S.C. Sec. 794).
(2) All student data-related reports required of the superintendent
of public instruction regarding student suspensions and expulsions as
required in RCW 28A.300.046 are subject to disaggregation by subgroups
including:
(a) Gender;
(b) Foster care;
(c) Homeless, if known;
(d) School district;
(e) School;
(f) Grade level;
(g) Behavior infraction code, including:
(i) Bullying;
(ii) Tobacco;
(iii) Alcohol;
(iv) Illicit drug;
(v) Fighting without major injury;
(vi) Violence without major injury;
(vii) Violence with major injury;
(viii) Possession of a weapon; and
(ix) Other behavior resulting from a short-term or long-term
suspension, expulsion, or interim alternative education setting
intervention;
(h) Intervention applied, including:
(i) Short-term suspension;
(ii) Long-term suspension;
(iii) Emergency expulsion;
(iv) Expulsion;
(v) Interim alternative education settings;
(vi) No intervention applied; and
(vii) Other intervention applied that is not described in this
subsection (2)(h);
(i) Number of days a student is suspended or expelled, to be
counted in half or full days; and
(j) Any other categories added at a future date by the data
governance group.
(3) All student data-related reports required of the superintendent
of public instruction regarding student suspensions and expulsions as
required in RCW 28A.300.046 are subject to cross-tabulation at a
minimum by the following:
(a) School and district;
(b) Race, low income, special education, transitional bilingual,
migrant, foster care, homeless, students covered by section 504 of the
federal rehabilitation act of 1973, as amended (29 U.S.C. Sec. 794),
and categories to be added in the future;
(c) Behavior infraction code; and
(d) Intervention applied.
NEW SECTION. Sec. 308 A new section is added to chapter 28A.600
RCW to read as follows:
(1) School districts should make efforts to have suspended or
expelled students return to an educational setting as soon as possible.
School districts should convene a meeting with the student and the
student's parents or guardians within twenty days of the student's
long-term suspension or expulsion, but no later than five days before
the student's enrollment, to discuss a plan to reengage the student in
a school program.
(2) In developing a reengagement plan, school districts should
consider shortening the length of time that the student is suspended or
expelled, other forms of corrective action, and supportive
interventions that aid in the student's academic success and keep the
student engaged and on track to graduate. School districts must create
a reengagement plan tailored to the student's individual circumstances,
including consideration of the incident that led to the student's long-term suspension or expulsion. The plan should aid the student in
taking the necessary steps to remedy the situation that led to the
student's suspension or expulsion.
(3) Any reengagement meetings conducted by the school district
involving the suspended or expelled student and his or her parents or
guardians are not intended to replace a petition for readmission.
NEW SECTION. Sec. 309 Nothing in chapter . . ., Laws of 2013 2nd
sp. sess. (this act) prevents a public school district, law enforcement
agencies, or law enforcement personnel from enforcing laws protecting
health and human safety.
NEW SECTION. Sec. 401 A new section is added to chapter 28A.415
RCW to read as follows:
(1) The educator support program is established to provide
professional development and mentor support for beginning educators and
educators on probation under RCW 28A.405.100, to be composed of the
beginning educator support team for beginning educators and continuous
improvement coaching for educators on probation, as provided in this
section.
(2)(a) Subject to funds appropriated for this specific purpose, the
office of the superintendent of public instruction shall allocate funds
for the beginning educator support team on a competitive basis to
individual school districts or consortia of districts. School
districts are encouraged to include educational service districts in
creating regional consortia. In allocating funds, the office of the
superintendent of public instruction shall give priority to school
districts with low-performing schools identified under RCW 28A.657.020
as being challenged schools in need of improvement. A portion of the
appropriated funds may be used for program coordination and provision
of statewide or regional professional development through the office of
the superintendent of public instruction.
(b) A beginning educator support team must include the following
components:
(i) A paid orientation or individualized assistance before the
start of the school year for beginning educators;
(ii) Assignment of a trained and qualified mentor for the first
three years for beginning educators, with intensive support in the
first year and decreasing support over the following years depending on
the needs of the beginning educator;
(iii) Professional development for beginning educators that is
designed to meet their unique needs for supplemental training and skill
development;
(iv) Professional development for mentors;
(v) Release time for mentors and their designated educators to work
together, as well as time for educators to observe accomplished peers;
and
(vi) A program evaluation using a standard evaluation tool provided
from the office of the superintendent of public instruction that
measures increased knowledge, skills, and positive impact on student
learning for program participants.
(3) Subject to funds separately appropriated for this specific
purpose, the beginning educator support team components under
subsection (2) of this section may be provided for continuous
improvement coaching to support educators on probation under RCW
28A.405.100.
Sec. 402 RCW 28A.415.010 and 2006 c 263 s 807 are each amended to
read as follows:
It shall be the responsibility of each educational service district
board to establish a center for the improvement of teaching. The
center shall administer, coordinate, and act as fiscal agent for such
programs related to the recruitment and training of certificated and
classified K-12 education personnel as may be delegated to the center
by the superintendent of public instruction under RCW 28A.310.470. To
assist in these activities, each educational service district board
shall establish an improvement of teaching coordinating council to
include, at a minimum, representatives as specified in RCW 28A.415.040.
An existing in-service training task force, established pursuant to RCW
28A.415.040, may serve as the improvement of teaching coordinating
council. The educational service district board shall ensure
coordination of programs established pursuant to RCW 28A.415.030,
28A.410.060, and ((28A.415.250)) section 401 of this act.
The educational service district board may arrange each year for
the holding of one or more teachers' institutes and/or workshops for
professional staff preparation and in-service training in such manner
and at such time as the board believes will be of benefit to the
teachers and other professional staff of school districts within the
educational service district and shall comply with rules of the
professional educator standards board pursuant to RCW 28A.410.060 or
the superintendent of public instruction ((pursuant to RCW
28A.415.250)). The board may provide such additional means of teacher
and other professional staff preparation and in-service training as it
may deem necessary or appropriate and there shall be a proper charge
against the educational service district general expense fund when
approved by the educational service district board.
Educational service district boards of contiguous educational
service districts, by mutual arrangements, may hold joint institutes
and/or workshops, the expenses to be shared in proportion to the
numbers of certificated personnel as shown by the last annual reports
of the educational service districts holding such joint institutes or
workshops.
In local school districts employing more than one hundred teachers
and other professional staff, the school district superintendent may
hold a teachers' institute of one or more days in such district, said
institute when so held by the school district superintendent to be in
all respects governed by the provisions of this title and rules
relating to teachers' institutes held by educational service district
superintendents.
Sec. 501 2011 1st sp.s. c 34 s 1 (uncodified) is amended to read
as follows:
(1) Under Article IX of the Washington state Constitution, all
children are entitled to an opportunity to receive a basic education.
Although the state must assure that students in public schools have
opportunities to participate in the instructional program of basic
education, there is no obligation for either the state or school
districts to provide that instruction using a particular delivery
method or through a particular program.
(2) The legislature finds ample evidence of the need to examine and
reconsider policies under which alternative learning that occurs
outside the classroom using an individual student learning plan may be
considered equivalent to full-time attendance in school, including for
funding purposes. Previous legislative studies have raised questions
about financial practices and accountability in alternative learning
experience ((programs)) courses. Since 2005, there has been
significant enrollment growth in alternative learning experience online
((programs)) courses, with evidence of unexpected financial impact when
large numbers of nonresident students enroll in ((programs)) courses.
Based on this evidence, there is a rational basis on which to conclude
that there are different costs associated with providing ((a program))
courses not primarily based on full-time, daily contact between
teachers and students and not primarily occurring on-site in a
classroom.
(3) For these reasons, the legislature intends to allow for
continuing review and revision of the way in which state funding
allocations are used to support alternative learning experience
((programs)) courses.
Sec. 502 RCW 28A.150.325 and 2011 1st sp.s. c 34 s 2 are each
amended to read as follows:
(1) ((For purposes of this chapter,)) The definitions in this
subsection apply throughout this chapter unless the context clearly
requires otherwise.
(a) "Alternative learning experience ((program)) course" means a
course ((or set of courses)), or for grades kindergarten through eight
grade-level coursework, that is a delivery method for the program of
basic education and is:
(((a))) (i) Provided in whole or in part independently from a
regular classroom setting or schedule, but may include some components
of direct instruction;
(((b))) (ii) Supervised, monitored, assessed, evaluated, and
documented by a certificated teacher employed by the school district or
under contract as permitted by applicable rules; and
(((c))) (iii) Provided in accordance with a written student
learning plan that is implemented pursuant to the school district's
policy and rules adopted by the superintendent of public instruction
for alternative learning experiences.
(b) "In-person" means face-to-face instructional contact in a
physical classroom environment.
(c) "Instructional contact time" means instructional time with a
certificated teacher. Instructional contact time must be for the
purposes of actual instruction, review of assignments, testing,
evaluation of student progress, or other learning activities or
requirements identified in the student's written student learning plan.
Instructional contact time must be related to an alternative learning
experience course identified in the student's written student learning
plan. Instructional contact time may occur in a group setting between
the teacher and multiple students and may be delivered either in-person
or remotely using technology.
(d) "Online course" means an alternative learning experience course
that has the same meaning as provided in RCW 28A.250.010.
(e) "Remote course" means an alternative learning experience course
that is not an online course where the student has in-person
instructional contact time for less than twenty percent of the total
weekly time for the course. No minimum in-person instructional contact
time is required.
(f) "Site-based course" means an alternative learning experience
course where the student has in-person instructional contact time for
at least twenty percent of the total weekly time for the course.
(g) "Total weekly time" means the estimated average hours per
school week the student will engage in learning activities to meet the
requirements of the written student learning plan.
(2) ((The broad categories of alternative learning experience
programs include, but are not limited to:)) School districts may claim
state funding under section 503 of this act, to the extent otherwise
allowed by state law including the provisions of RCW 28A.250.060, for
students enrolled in remote, site-based, or online alternative learning
experience courses. High school courses must meet district or state
graduation requirements and be offered for high school credit.
(a) Online programs as defined in RCW 28A.150.262;
(b) Parent partnership programs that include significant
participation and partnership by parents and families in the design and
implementation of a student's learning experience; and
(c) Contract-based learning programs
(3) School districts that offer alternative learning experience
((programs)) courses may not provide any compensation, reimbursement,
gift, reward, or gratuity to any parents, guardians, or students for
participation in the courses. School district employees are prohibited
from receiving any compensation or payment as an incentive to increase
student enrollment of out-of-district students in ((an)) alternative
learning experience ((program)) courses. This prohibition includes,
but is not limited to, providing funds to parents, guardians, or
students for the purchase of educational materials, supplies,
experiences, services, or technological equipment. A district may
purchase educational materials, equipment, or other nonconsumable
supplies for students' use in alternative learning experience
((programs)) courses if the purchase is consistent with the district's
approved curriculum, conforms to applicable laws and rules, and is made
in the same manner as such purchases are made for students in the
district's regular instructional program. Items so purchased remain
the property of the school district upon program completion. School
districts may not purchase or contract for instructional or
cocurricular experiences and services that are included in an
alternative learning experience written student learning plan,
including but not limited to lessons, trips, and other activities,
unless substantially similar experiences and services are available to
students enrolled in the district's regular instructional program.
School districts that purchase or contract for such experiences and
services for students enrolled in an alternative learning experience
((program)) course must submit an annual report to the office of the
superintendent of public instruction detailing the costs and purposes
of the expenditures. These requirements extend to contracted providers
of alternative learning experience ((programs)) courses, and each
district shall be responsible for monitoring the compliance of its
providers with these requirements. However, nothing in this
((section)) subsection shall prohibit school districts from contracting
with school district employees to provide services or experiences to
students, or from contracting with online providers approved by the
office of the superintendent of public instruction pursuant to chapter
28A.250 RCW.
(4) ((Part-time enrollment in alternative learning experiences is
subject to the provisions of RCW 28A.150.350.)) Each school district offering or
contracting to offer alternative learning experience courses must:
(5) The superintendent of public instruction shall adopt rules
defining minimum requirements and accountability for alternative
learning experience programs
(a) Report annually to the superintendent of public instruction
regarding the course types and offerings, and number of students
participating in each;
(b) Document the district of residence for each student enrolled in
an alternative learning experience course; and
(c) Beginning in the 2013-14 school year and continuing through the
2016-17 school year, pay costs associated with a biennial measure of
student outcomes and financial audit of the district's alternative
learning experience courses by the office of the state auditor.
(5) A school district offering or contracting to offer an
alternative learning experience course to a nonresident student must
inform the resident school district if the student drops out of the
course or is otherwise no longer enrolled.
(6) School districts must assess the educational progress of
enrolled students at least annually, using, for full-time students, the
state assessment for the student's grade level and using any other
annual assessments required by the school district. Part-time students
must also be assessed at least annually. However, part-time students
who are either receiving home-based instruction under chapter 28A.200
RCW or who are enrolled in an approved private school under chapter
28A.195 RCW are not required to participate in the assessments required
under chapter 28A.655 RCW. The rules must address how students who
reside outside the geographic service area of the school district are
to be assessed.
(7) Beginning with the 2013-14 school year, school districts must
designate alternative learning experience courses as such when
reporting course information to the office of the superintendent of
public instruction under RCW 28A.300.500.
(8)(a) The superintendent of public instruction shall adopt rules
necessary to implement this section.
(b) Rules adopted for weekly direct personal contact requirements
and monthly progress evaluation must be flexible and reflect the needs
of the student and the student's individual learning plan rather than
specifying an amount of time. In addition, the rules must reduce
documentation requirements, particularly for students making
satisfactory progress, based on the unique aspects of the alternative
learning experience course types defined in this section and taking
into consideration the technical and system capabilities associated
with the different course types.
(c) The rules must establish procedures that address how the
counting of students must be coordinated by resident and nonresident
districts for state funding so that no student is counted for more than
one full-time equivalent in the aggregate.
NEW SECTION. Sec. 503 The superintendent of public instruction
shall separately calculate and allocate moneys appropriated under RCW
28A.150.260 to school districts for each full-time equivalent student
enrolled in an alternative learning experience course. The calculation
shall be based on the estimated statewide annual average allocation per
full-time equivalent student in grades nine through twelve in general
education, excluding small high school enhancements, and including
applicable rules and provisions of the omnibus appropriations act.
Sec. 504 RCW 28A.250.010 and 2011 1st sp.s. c 34 s 5 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1)(a) "Multidistrict online provider" means:
(i) A private or nonprofit organization that enters into a contract
with a school district to provide online courses or programs to K-12
students from more than one school district;
(ii) A private or nonprofit organization that enters into contracts
with multiple school districts to provide online courses or programs to
K-12 students from those districts; or
(iii) Except as provided in (b) of this subsection, a school
district that provides online courses or programs to students who
reside outside the geographic boundaries of the school district.
(b) "Multidistrict online provider" does not include a school
district online learning program in which fewer than ten percent of the
students enrolled in the program are from other districts under the
interdistrict student transfer provisions of RCW 28A.225.225.
"Multidistrict online provider" also does not include regional online
learning programs that are jointly developed and implemented by two or
more school districts or an educational service district through an
interdistrict cooperative program agreement that addresses, at minimum,
how the districts share student full-time equivalency for state basic
education funding purposes and how categorical education programs,
including special education, are provided to eligible students.
(2)(a) "Online course" means a course or grade-level coursework
where:
(i) More than half of the course content is delivered
electronically using the internet or other computer-based methods;
((and))
(ii) More than half of the teaching is conducted from a remote
location through an online course learning management system or other
online or electronic tools;
(iii) A certificated teacher has the primary responsibility for the
student's instructional interaction. Instructional interaction between
the teacher and the student includes, but is not limited to, direct
instruction, review of assignments, assessment, testing, progress
monitoring, and educational facilitation; and
(iv) Students have access to the teacher synchronously,
asynchronously, or both.
(b) "Online school program" means a school program that((:)) offers a sequential set of online courses or grade-level
coursework that may be taken in a single school term or throughout the
school year in a manner that could provide a full-time basic education
program if so desired by the student. Students may enroll in the
program as part-time or full-time students((
(i) Offers courses or grade-level coursework that is delivered
primarily electronically using the internet or other computer-based
methods;
(ii) Offers courses or grade-level coursework that is taught by a
teacher primarily from a remote location using online or other
electronic tools. Students enrolled in an online program may have
access to the teacher synchronously, asynchronously, or both;
(iii); and)).
(iv) Has an online component of the program with online lessons and
tools for student and data management
(c) An online course or online school program may be delivered to
students at school as part of the regularly scheduled school day. An
online course or online school program also may be delivered to
students, in whole or in part, independently from a regular classroom
schedule, but such courses or programs must comply with RCW
((28A.150.262)) 28A.150.325 (as recodified by this act) and associated
rules adopted by the superintendent of public instruction to qualify
for state basic education funding.
(3) "Online provider" means any provider of an online course or
program, including multidistrict online providers, all school district
online learning programs, and all regional online learning programs.
Sec. 505 RCW 28A.250.020 and 2011 1st sp.s. c 34 s 6 are each
amended to read as follows:
(1) The superintendent of public instruction, in collaboration with
the state board of education, shall develop and implement approval
criteria and a process for approving online providers; a process for
monitoring and if necessary rescinding the approval of courses or
programs offered by an online provider; and an appeals process. The
criteria and processes for multidistrict online providers shall be
adopted by rule by December 1, 2009.
(2) When developing the approval criteria, the superintendent of
public instruction shall require that providers offering online courses
or programs have accreditation, or are candidates for accreditation,
through the Northwest accreditation commission or another national,
regional, or state accreditation program listed by the office of the
superintendent of public instruction ((after consultation with the
Washington coalition for online learning)). In addition to other
criteria, the approval criteria shall include the degree of alignment
with state academic standards and require that all teachers be
certificated in accordance with Washington state law. When reviewing
online providers that offer high school courses, the superintendent of
public instruction shall assure that the courses offered by the
provider are eligible for high school credit. However, final decisions
regarding whether credit meets the school district's graduation
requirements shall remain the responsibility of the school districts.
(3) Initial approval of online providers by the superintendent of
public instruction shall be for four years. The superintendent of
public instruction shall develop a process for the renewal of approvals
and for rescinding approvals based on noncompliance with approval
requirements. Any multidistrict online provider that was approved by
the digital learning commons or accredited by the Northwest association
of accredited schools before July 26, 2009, and that meets the teacher
certification requirements of subsection (2) of this section, is exempt
from the initial approval process under this section until August 31,
2012, but must comply with the process for renewal of approvals and
must comply with approval requirements.
(4) The superintendent of public instruction shall make the first
round of decisions regarding approval of multidistrict online providers
by April 1, 2010. The first round of decisions regarding approval of
online providers that are not multidistrict online providers shall be
made by April 1, 2013. Thereafter, the superintendent of public
instruction shall make annual approval decisions no later than November
1st of each year.
(5) The superintendent of public instruction shall establish an
online learning advisory committee within existing resources that shall
provide advice to the superintendent regarding the approval criteria,
major components of the web site, the model school district policy,
model agreements, and other related matters. The committee shall
include a representative of each of the following groups: Private and
public online providers, parents of online students, accreditation
organizations, educational service districts, school principals,
teachers, school administrators, school board members, institutions of
higher education, and other individuals as determined by the
superintendent. Members of the advisory committee shall be selected by
the superintendent based on nominations from statewide organizations,
shall serve three-year terms, and may be reappointed. The
superintendent shall select the chair of the committee.
Sec. 506 RCW 28A.250.050 and 2011 1st sp.s. c 34 s 11 are each
amended to read as follows:
(1) By August 31, 2010, all school district boards of directors
shall develop policies and procedures regarding student access to
online courses and online learning programs. The policies and
procedures shall include but not be limited to: Student eligibility
criteria; the types of online courses available to students through the
school district; the methods districts will use to support student
success, which may include a local advisor; when the school district
will and will not pay course fees and other costs; the granting of high
school credit; and a process for students and parents or guardians to
formally acknowledge any course taken for which no credit is given.
The policies and procedures shall take effect beginning with the 2010-11 school year. School districts shall submit their policies to the
superintendent of public instruction by September 15, 2010. By
December 1, 2010, the superintendent of public instruction shall
summarize the school district policies regarding student access to
online courses and submit a report to the legislature.
(2) School districts must award credit and grades for online high
school courses successfully completed by a student that meet the school
district's graduation requirements and are provided by an approved
online provider.
(3) School districts shall provide students with information
regarding online courses that are available through the school
district. The information shall include the types of information
described in subsection (1) of this section.
(4) When developing local or regional online learning programs,
school districts shall incorporate into the program design the approval
criteria developed by the superintendent of public instruction under
RCW 28A.250.020.
Sec. 507 RCW 28A.250.060 and 2011 1st sp.s. c 34 s 8 are each
amended to read as follows:
(1) Beginning with the 2011-12 school year, school districts may
claim state funding under ((RCW 28A.150.260)) section 503 of this act,
to the extent otherwise allowed by state law, for students enrolled in
online courses or programs only if the online courses or programs are:
(a) Offered by a multidistrict online provider approved under RCW
28A.250.020 by the superintendent of public instruction;
(b) Offered by a school district online learning program if the
program serves students who reside within the geographic boundaries of
the school district, including school district programs in which fewer
than ten percent of the program's students reside outside the school
district's geographic boundaries; or
(c) Offered by a regional online learning program where courses are
jointly developed and offered by two or more school districts or an
educational service district through an interdistrict cooperative
program agreement.
(2) Beginning with the 2013-14 school year, school districts may
claim state funding under ((RCW 28A.150.260)) section 503 of this act,
to the extent otherwise allowed by state law, for students enrolled in
online courses or programs only if the online courses or programs are
offered by an online provider approved under RCW 28A.250.020 by the
superintendent of public instruction.
(3) Criteria shall be established by the superintendent of public
instruction to allow online courses that have not been approved by the
superintendent of public instruction to be eligible for state funding
if the course is in a subject matter in which no courses have been
approved and, if it is a high school course, the course meets
Washington high school graduation requirements.
Sec. 508 RCW 28A.250.070 and 2009 c 542 s 8 are each amended to
read as follows:
Nothing in this chapter is intended to diminish the rights of
students to attend a nonresident school district in accordance with RCW
28A.225.220 through 28A.225.230 for the purposes of enrolling in online
courses or online school programs. The office of online learning under
RCW 28A.250.030 shall develop a standard form, which must be used by
all school districts, for releasing a student to a nonresident school
district for the purposes of enrolling in an online course or online
school program.
NEW SECTION. Sec. 509 A new section is added to chapter 28A.250
RCW to read as follows:
An online school program may request a waiver from the office of
the superintendent of public instruction to administer one or more
sections of the statewide student assessment for grades three through
eight for some or all students enrolled in the program on alternate
days or on an alternate schedule, as long as the administration is
within the testing period established by the office. The office may
deny a request for a waiver if the online school program's proposal
does not maintain adequate test security or would reduce the
reliability of the assessment results by providing an inequitable
advantage for some students.
Sec. 510 RCW 28A.225.220 and 1995 c 335 s 602 and 1995 c 52 s 2
are each reenacted and amended to read as follows:
(1) Any board of directors may make agreements with adults choosing
to attend school, and may charge the adults reasonable tuition.
(2) A district is strongly encouraged to honor the request of a
parent or guardian for his or her child to attend a school in another
district or the request of a parent or guardian for his or her child to
transfer as a student receiving home-based instruction.
(3) A district shall release a student to a nonresident district
that agrees to accept the student if:
(a) A financial, educational, safety, or health condition affecting
the student would likely be reasonably improved as a result of the
transfer; or
(b) Attendance at the school in the nonresident district is more
accessible to the parent's place of work or to the location of child
care; or
(c) There is a special hardship or detrimental condition; or
(d) The purpose of the transfer is for the student to enroll in an
online course or online school program offered by an online provider
approved under RCW 28A.250.020.
(4) A district may deny the request of a resident student to
transfer to a nonresident district if the release of the student would
adversely affect the district's existing desegregation plan.
(5) For the purpose of helping a district assess the quality of its
education program, a resident school district may request an optional
exit interview or questionnaire with the parents or guardians of a
child transferring to another district. No parent or guardian may be
forced to attend such an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school districts may
not charge transfer fees or tuition for nonresident students enrolled
under subsection (3) of this section and RCW 28A.225.225.
Reimbursement of a high school district for cost of educating high
school pupils of a nonhigh school district shall not be deemed a
transfer fee as affecting the apportionment of current state school
funds.
Sec. 511 RCW 28A.225.225 and 2013 c 192 s 2 are each amended to
read as follows:
(1) Except for students who reside out-of-state and students under
RCW 28A.225.217, a district shall accept applications from nonresident
students who are the children of full-time certificated and classified
school employees, and those children shall be permitted to enroll:
(a) At the school to which the employee is assigned;
(b) At a school forming the district's K through 12 continuum which
includes the school to which the employee is assigned; or
(c) At a school in the district that provides early intervention
services pursuant to RCW 28A.155.065 or preschool services pursuant to
RCW 28A.155.070, if the student is eligible for such services.
(2) A district may reject applications under this section if:
(a) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive behavior, or
gang membership;
(b) The student has been expelled or suspended from a public school
for more than ten consecutive days. Any policy allowing for
readmission of expelled or suspended students under this subsection
(2)(b) must apply uniformly to both resident and nonresident
applicants; ((or))
(c) Enrollment of a child under this section would displace a child
who is a resident of the district, except that if a child is admitted
under subsection (1) of this section, that child shall be permitted to
remain enrolled at that school, or in that district's kindergarten
through twelfth grade continuum, until he or she has completed his or
her schooling; or
(d) The student has repeatedly failed to comply with requirements
for participation in an online school program, such as participating in
weekly direct contact with the teacher or monthly progress evaluations.
(3) A nonhigh district that is participating in an innovation
academy cooperative may not accept an application from a high school
student that conflicts with RCW 28A.340.080.
(4) Except as provided in subsection (1) of this section, all
districts accepting applications from nonresident students or from
students receiving home-based instruction for admission to the
district's schools shall consider equally all applications received.
Each school district shall adopt a policy establishing rational, fair,
and equitable standards for acceptance and rejection of applications by
June 30, 1990. The policy may include rejection of a nonresident
student if:
(a) Acceptance of a nonresident student would result in the
district experiencing a financial hardship;
(b) The student's disciplinary records indicate a history of
convictions for offenses or crimes, violent or disruptive behavior, or
gang membership;
(c) Accepting of the nonresident student would conflict with RCW
28A.340.080; or
(d) The student has been expelled or suspended from a public school
for more than ten consecutive days. Any policy allowing for
readmission of expelled or suspended students under this subsection
(4)(d) must apply uniformly to both resident and nonresident
applicants.
For purposes of subsections (2)(a) and (4)(b) of this section,
"gang" means a group which: (i) Consists of three or more persons;
(ii) has identifiable leadership; and (iii) on an ongoing basis,
regularly conspires and acts in concert mainly for criminal purposes.
(5) The district shall provide to applicants written notification
of the approval or denial of the application in a timely manner. If
the application is rejected, the notification shall include the reason
or reasons for denial and the right to appeal under RCW 28A.225.230(3).
Sec. 512 RCW 28A.150.100 and 2011 1st sp.s. c 34 s 10 are each
amended to read as follows:
(1) For the purposes of this section and RCW 28A.150.410 and
28A.400.200, "basic education certificated instructional staff" means
all full-time equivalent classroom teachers, teacher librarians,
guidance counselors, certificated student health services staff, and
other certificated instructional staff in the following programs as
defined for statewide school district accounting purposes: Basic
education, secondary vocational education, general instructional
support, and general supportive services.
(2) Each school district shall maintain a ratio of at least forty-six basic education certificated instructional staff to one thousand
annual average full-time equivalent students. This requirement does
not apply to that portion of a district's annual average full-time
equivalent enrollment that is enrolled in alternative learning
experience ((programs)) courses as defined in RCW 28A.150.325 (as
recodified by this act).
Sec. 513 RCW 28A.525.162 and 2012 c 244 s 2 are each amended to
read as follows:
(1) Funds appropriated to the superintendent of public instruction
from the common school construction fund shall be allotted by the
superintendent of public instruction in accordance with this chapter.
(2) No allotment shall be made to a school district until such
district has provided local funds equal to or greater than the
difference between the total approved project cost and the amount of
state funding assistance to the district for financing the project
computed pursuant to RCW 28A.525.166, with the following exceptions:
(a) The superintendent of public instruction may waive the local
requirement for state funding assistance for districts which have
provided funds for school building construction purposes through the
authorization of bonds or through the authorization of excess tax
levies or both in an amount equivalent to two and one-half percent of
the value of its taxable property, as defined in RCW 39.36.015.
(b) No such local funds shall be required as a condition to the
allotment of funds from the state for the purpose of making major or
minor structural changes to existing school facilities in order to
bring such facilities into compliance with the barrier free access
requirements of section 504 of the federal rehabilitation act of 1973
(29 U.S.C. Sec. 706) and rules implementing the act.
(3) For the purpose of computing the state funding assistance
percentage under RCW 28A.525.166 when a school district is granted
authority to enter into contracts, adjusted valuation per pupil shall
be calculated using headcount student enrollments from the most recent
October enrollment reports submitted by districts to the superintendent
of public instruction, adjusted as follows:
(a) In the case of projects for which local bonds were approved
after May 11, 1989:
(i) For districts which have been designated as serving high school
districts under RCW 28A.540.110, students residing in the nonhigh
district so designating shall be excluded from the enrollment count if
the student is enrolled in any grade level not offered by the nonhigh
district;
(ii) The enrollment of nonhigh school districts shall be increased
by the number of students residing within the district who are enrolled
in a serving high school district so designated by the nonhigh school
district under RCW 28A.540.110, including only students who are
enrolled in grade levels not offered by the nonhigh school district;
and
(iii) The number of preschool students with disabilities included
in the enrollment count shall be multiplied by one-half;
(b) In the case of construction or modernization of high school
facilities in districts serving students from nonhigh school districts,
the adjusted valuation per pupil shall be computed using the combined
adjusted valuations and enrollments of each district, each weighted by
the percentage of the district's resident high school students served
by the high school district;
(c) The number of kindergarten students included in the enrollment
count shall be counted as one headcount student; and
(d) The number of students residing outside the school district who
are enrolled in alternative learning experience ((programs)) courses
under RCW 28A.150.325 (as recodified by this act) shall be excluded
from the total.
(4) In lieu of the exclusion in subsection (3)(d) of this section,
a district may submit an alternative calculation for excluding students
enrolled in alternative learning experience ((programs)) courses. The
alternative calculation must show the student headcount use of district
classroom facilities on a regular basis for a regular duration by out-
of-district alternative learning experience ((program)) students
subtracted by the headcount of in-district alternative learning
experience ((program)) students not using district classroom facilities
on a regular basis for a reasonable duration. The alternative
calculation must be submitted in a form approved by the office of the
superintendent of public instruction. The office of the superintendent
of public instruction must develop rules to define "regular basis" and
"reasonable duration."
(5) The superintendent of public instruction, considering policy
recommendations from the school facilities citizen advisory panel,
shall prescribe such rules as are necessary to equate insofar as
possible the efforts made by school districts to provide capital funds
by the means aforesaid.
(6) For the purposes of this section, "preschool students with
disabilities" means children of preschool age who have developmental
disabilities who are entitled to services under RCW 28A.155.010 through
28A.155.100 and are not included in the kindergarten enrollment count
of the district.
Sec. 514 RCW 28A.525.166 and 2012 c 244 s 3 are each amended to
read as follows:
Allocations to school districts of state funds provided by RCW
28A.525.162 through 28A.525.180 shall be made by the superintendent of
public instruction and the amount of state funding assistance to a
school district in financing a school plant project shall be determined
in the following manner:
(1) The boards of directors of the districts shall determine the
total cost of the proposed project, which cost may include the cost of
acquiring and preparing the site, the cost of constructing the building
or of acquiring a building and preparing the same for school use, the
cost of necessary equipment, taxes chargeable to the project, necessary
architects' fees, and a reasonable amount for contingencies and for
other necessary incidental expenses: PROVIDED, That the total cost of
the project shall be subject to review and approval by the
superintendent.
(2) The state funding assistance percentage for a school district
shall be computed by the following formula:
The ratio of the school district's adjusted valuation per pupil
divided by the ratio of the total state adjusted valuation per pupil
shall be subtracted from three, and then the result of the foregoing
shall be divided by three plus (the ratio of the school district's
adjusted valuation per pupil divided by the ratio of the total state
adjusted valuation per pupil).
| District adjusted | Total state | ||||||
| 3-valuation | ÷ | adjusted valuation | |||||
| Computed | per pupil | per pupil | State | ||||
| State | Funding | ||||||
| Ratio | District adjusted | Total state | Assistance | ||||
| 3+valuation | ÷ | adjusted valuation | |||||
| per pupil | per pupil | ||||||
NEW SECTION. Sec. 515 (1) The office of financial management
shall conduct a study, in consultation with, at minimum, one
representative each from school districts that administer remote, site-based, and online alternative learning experience courses; the office
of the superintendent of public instruction; the Washington state
institute for public policy; individuals with expertise in outcome-based public school funding models; a Washington state nonprofit
organization with expertise in alternative learning education; and the
legislative evaluation and accountability program committee.
(2) The purpose of the study is to create a proposal for
efficiently and sustainably funding alternative learning experience
courses and to recommend steps to increase the focus on educational
outcomes. The study may recommend the funding method established in
section 503 of this act or another method of funding. The study shall
review alternative learning funding models used in other states and
consider the advantages and disadvantages of applying state policies,
including funding policies, differentially depending on the type of
alternative learning experience course. The study should also include
but not be limited to, recommendations for establishing baseline data
regarding alternative learning experience student proficiency and
achievement in relation to students in a comparable demographic,
identifying outcome targets and methods to measure progress toward
targets, identifying methods to ensure ongoing evaluation of outcomes
that account for the student demographics being served, and improving
alternative learning experience accountability.
(3) The office of financial management shall report its findings
from the study to the quality education council by November 1, 2013.
The quality education council shall review the findings and make
recommendations to the education and fiscal committees of the
legislature by December 15, 2013.
NEW SECTION. Sec. 516 RCW 28A.150.262 (Defining full-time
equivalent student -- Students receiving instruction through alternative
learning experience online programs -- Requirements) and 2011 1st sp.s.
c 34 s 3, 2009 c 542 s 9, & 2005 c 356 s 2 are each repealed.
NEW SECTION. Sec. 517 (1) RCW 28A.150.325 is recodified as a
section in chapter 28A.--- RCW (the new chapter created in section 518
of this act).
(2) 2011 1st sp.s. c 34 s 1 is codified as a section in chapter
28A.--- RCW (the new chapter created in section 518 of this act).
NEW SECTION. Sec. 518 Sections 501 and 503 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 601 The following acts or parts of acts are
each repealed:
(1) RCW 28A.165.025 (School district program plan) and 2009 c 556
s 1 & 2004 c 20 s 3;
(2) RCW 28A.165.045 (Plan approval process) and 2009 c 556 s 2 &
2004 c 20 s 5;
(3) RCW 28A.415.250 (Teacher assistance program -- Provision for
mentor teachers) and 2009 c 539 s 5, 1993 c 336 s 401, 1991 c 116 s 19,
1990 c 33 s 403, 1987 c 507 s 1, & 1985 c 399 s 1; and
(4) RCW 28A.415.260 (Pilot program using full-time mentor teachers)
and 1998 c 245 s 12 & 1993 c 336 s 402.
NEW SECTION. Sec. 602 Section 503 of 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.
NEW SECTION. Sec. 603 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.