AN ACT Relating to remediation; amending RCW 28A.41.400, 28A.41.402, 28A.41.404, 28A.41.406, and 28A.41.410; adding new sections to chapter 28A.41 RCW; creating new sections; and repealing RCW 28A.41.412.

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

Sec. 1. Section 1, chapter 149, Laws of 1979 and RCW 28A.41.400 are each amended to read as follows:

It is the purpose of ((~~this act~~)) RCW 28A.41.402 through 28A.41.414 to create a state-wide program designed to provide remediation assistance to public school students who are deficient in basic skills achievement. The legislature intends that students' participation in the program be for the shortest period of time necessary and that a program objective be to help students attain grade-level in skills as soon as possible. The legislature intends, in establishing and continuing this ((~~new~~)) program, that the most efficient use possible be made of available testing information and of revenue for similar purposes from the federal government.

Sec. 2. Section 2, chapter 149, Laws of 1979 and RCW 28A.41.402 are each amended to read as follows:

As used in ((~~this act~~)) RCW 28A.41.400 through 28A.41.414 unless the context clearly indicates otherwise:

(1) "Basic skills" means reading, mathematics, and language arts.

(2) "Program of remediation" ((~~shall~~)) means the assistance ((~~in the remediation of basic skills deficiencies provided to five students or less per session~~)) provided to eligible students by a person certified pursuant to chapter 28A.70 RCW or by a person appropriately trained for that purpose acting under the direct supervision and control of a person certificated pursuant to chapter 28A.67 RCW. Such assistance shall be provided to ten eligible students or fewer per session. However, local school districts are encouraged to provide such assistance to five eligible students or fewer per session for students in grades two through six. Local school districts shall make every effort to provide such sessions in the regular classroom setting in grades two through six.

(3) "Approved program" means a program of remediation which is designed by a public school district, or which is selected from the bank of nationally validated proven educational practices and is a diagnostic, prescriptive model in basic skills, and which is approved by the local school board and the superintendent of public instruction in accordance with the following criteria:

(a) All students participating in the program shall be ((~~educationally deprived by consequence of their being below grade level in basic skills achievement~~)) eligible as defined in RCW 28A.41.406;

(b) The program and individual student progress shall be based on performance objectives related to educational achievement and shall be annually evaluated by the district in a manner consistent with such objectives;

(c) The program shall provide supplementary services designed to meet the ((~~special educational~~)) needs of the participating students by providing a program of remediation for such participating students of sufficient size, scope, and quality to give reasonable promise of substantial progress toward meeting the needs of such students and supportive services consisting of supervision, materials and supplies and the training of administrators, teachers, aides and tutors;

(d) ((Not less than fifty percent of the funds expended in the program by any school district in any fiscal year shall be expended in school attendance areas having high concentrations of students from low-income families as defined in Section 122 of Public Law 95-561)) The superintendent of public instruction may adopt additional program standards and procedures as necessary to combine the state program for remediation in basic skills with like federal programs in order to fulfill the state's goal of providing service to students in need of remediation; and

(e) The school district shall keep individual records of student progress and other such records and provide reasonable access thereto by parents and by the superintendent of public instruction as is necessary to assure compliance with the ((~~foregoing approval criteria~~)) provisions set forth in RCW 28A.41.400 through 28A.41.414.

(4) "Basic skills tests" means tests established pursuant to RCW 28A.03.360, as now or hereafter amended.

(5) "Placement testing" means the administration of standardized objective ((~~tests~~)) measurements by a school district for the purpose of diagnosing the basic skills achievement levels and remediation needs of individual students in conformance with instructions established by the superintendent of public instruction established for such purpose.

(6) "Standardized objective measurement" means a written or oral testing instrument that can be applied uniformly and consistently to determine in a comparable manner the educational achievement level of children.

Sec. 3. Section 3, chapter 149, Laws of 1979 and RCW 28A.41.404 are each amended to read as follows:

((~~Each school district which has established an approved program~~)) Each school district in which students are enrolled who are eligible for remediation services under RCW 28A.41.406 shall establish an approved program. Each school district shall submit annually an application to the office of the superintendent of public instruction for program approval. Upon approval of the program, each school district shall be eligible((~~, as determined by the superintendent of public instruction,~~)) for state funds made available for the purposes of such program((s)). The ((~~number of students eligible to participate in such program in each school district~~)) allocation of state funds for each school district shall be calculated by the superintendent of public instruction ((through the use of data derived from the basic skills test. In making such calculations the superintendent of public instruction shall multiply the percentage of students taking the tests which scored in the lowest quartile, as compared to national norms, by the number of students enrolled in the district in grades two through six)) as follows: The number of students enrolled in grades two through nine in the district shall be multiplied by the percentage of students taking the basic skills tests in the previous year who scored in the lowest quartile as compared to national norms, and then reduced by the number of students enrolled in the district in grades two through nine receiving special education in basic skills under chapter 28A.13 RCW and who scored in the lowest quartile on the basic skills tests: PROVIDED, That in making this calculation the superintendent of public instruction may use an average of the percentages of the students scoring in the lowest quartile over the immediately preceding five or fewer years.

Sec. 4. Section 4, chapter 149, Laws of 1979 and RCW 28A.41.406 are each amended to read as follows:

Each school district shall determine the students ((~~who may~~)) eligible to participate in an approved program of remediation ((~~shall be determined by each school district~~)) through placement testing((: PROVIDED, That only students in grades two through six who are behind grade level in one or more basic skills shall be eligible to participate: PROVIDED FURTHER, That the total number of students in a school district who may participate in an approved program of remediation may not exceed the total number of eligible students calculated in accordance with the provisions of RCW 28A.41.404)). Students enrolled in grades two through nine who score at or below the twenty-fifth percentile in one or more basic skills shall be eligible to participate. Local school districts may determine that additional students who are below grade level in one or more basic skills are eligible if such students can be served within the funds allocated under RCW 28A.41.404. No student receiving ((~~educational services from the programs conducted~~)) special education instruction in basic skills pursuant to chapter 28A.13 RCW shall be eligible to participate in the remediation program established by ((~~this act~~)) RCW 28A.41.400 through 28A.41.414 if the student's ((~~program~~)) special education instruction is designed to address ((~~like needs~~)) the same basic skills as those addressed by the program of remediation.

NEW SECTION. Sec. 5. A new section is added to chapter 28A.41 RCW to read as follows:

State moneys allocated to local districts for remediation assistance shall be spent only for remediation assistance activities.

NEW SECTION. Sec. 6. A new section is added chapter 28A.41 RCW to read as follows:

School districts may enrich the program authorized by RCW 28A.41.400 through 28A.41.414: PROVIDED, That such enrichment shall not constitute a responsibility of the state.

Sec. 7. Section 6, chapter 149, Laws of 1979 and RCW 28A.41.410 are each amended to read as follows:

In order to insure that school districts are meeting the requirements of an approved program, the superintendent of public instruction shall monitor such programs no less than once every three years. The results of the evaluations required by RCW 28A.41.402(3)(b) shall be transmitted to the superintendent of public instruction annually. The superintendent of public instruction shall also review annually the state-wide remediation program and shall submit a report of such review to the legislature on or before January 1 of each year.

NEW SECTION. Sec. 8. In recognition of the fact that remediation assistance is necessary for some students in every grade level in the public school system in order for such students to reach a reasonable level of achievement in basic skills, it is hereby declared to be the intent of the legislature to extend the remediation assistance program to all eligible students in grades one through twelve beginning with the 1986-1987 school year. This section shall take effect only if funds are appropriated before July 1, 1987, for the purposes of this act. If such funds are not so appropriated for the purposes of this section, this section shall be null and void in its entirety.

NEW SECTION. Sec. 9. Section 7, chapter 149, Laws of 1979, section 2, chapter 163, Laws of 1982 and RCW 28A.41.412 are each repealed.

NEW SECTION. Sec. 10. This act shall take effect if funds are appropriated in the state operating appropriations act for the 1985-87 biennium for the purposes of this act. If such funds are not so appropriated for the purposes of this act, this act shall be null and void in its entirety.