Fix WASL bill that media says we must pass

[arthurhu@comcast.net]

            _____________________________________________

           THIRD ENGROSSED SUBSTITUTE HOUSE BILL 2195 - CC
            _____________________________________________

State of Washington       58th Legislature       2004 Regular Session

By        House Committee on Education (originally sponsored by
Representatives McDermott, Talcott, Quall, Tom and Haigh)

READ FIRST TIME 03/05/03.  


    AN ACT Relating to state academic standards; amending RCW
28A.230.090, 28A.195.010, 28A.200.010, 28A.230.120, 28A.305.220,
28A.655.070, and 28A.655.030; adding a new section to chapter 28A.655
RCW; adding a new section to chapter 28A.155 RCW; adding new sections
to chapter 28A.180 RCW; adding a new section to chapter 28A.230 RCW;
creating new sections; repealing RCW 28A.655.060; and declaring an
emergency.

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

PART 1
CERTIFICATE OF ACADEMIC ACHIEVEMENT

    {+ NEW SECTION. +}  Sec. 101.  A new section is added to chapter
28A.655 RCW to read as follows:
    CERTIFICATE REQUIREMENTS.  (1) The high school assessment system
shall include but need not be limited to the Washington assessment of
student learning, opportunities for a student to retake the content
areas of the assessment in which the student was not successful, and
one or more alternative means for a student to demonstrate achievement
of state academic standards.  The alternative means for each content
area shall be comparable in rigor to the skills and knowledge that the
student must demonstrate on the Washington assessment of student
learning for each content area.
    (2) Subject to the conditions in this section, beginning with the
graduating class of 2008, successful completion of the reading,
writing, and mathematics content areas of the high school Washington
assessment of student learning, or of an approved alternative means in
those content areas as provided in subsection (10) of this section,
shall lead to a certificate of academic achievement.  The certificate
of academic achievement shall be obtained by most students at about the
age of sixteen, and is evidence that the students have successfully met
the state standard in the content areas included in the certificate. 
With the exception of students satisfying the provisions of section 104
of this act, the certificate of academic achievement is required for
graduation from a public high school but is not the only requirement
for graduation.
    (3) Beginning with the graduating class of 2010, with the exception
of students satisfying the provisions of section 104 of this act,
successful completion of the reading, writing, mathematics, and science
content areas of the high school Washington assessment of student
learning, or of an approved alternative means in those content areas,
is required for graduation from a public high school in the state of
Washington and shall lead to a certificate of academic achievement.
    (4) The state board of education may not require the acquisition of
the certificate of academic achievement for students in home-based
instruction under chapter 28A.200 RCW, for students enrolled in private
schools under chapter 28A.195 RCW, or for students satisfying the
provisions of section 104 of this act.
    (5) A student may retain and use the highest result from each
successfully completed content area of the high school assessment.
    (6) Beginning with the graduating class of 2005, the highest scale
score and level achieved in each content area on the high school
Washington assessment of student learning shall be displayed on a
student's transcript.  In addition, beginning with the graduating class
of 2008, each student shall receive a scholar's designation on his or
her transcript for each content area in which the student achieves
level four.
    (7) Beginning with the graduating class of 2008, if a student takes
the high school assessment but is not successful in one or more content
areas required for the certificate of academic achievement, the student
may retake the assessment in that content area one or more times at no
cost to the student.  School districts must make available to students
the following options:
    (a) To retake the assessment in that content area at least twice a
year if the student is enrolled in a public school;
    (b) To retake the assessment in that content area if the student is
enrolled in a high school completion program at a community or
technical college.  The superintendent of public instruction and the
state board for community and technical colleges shall jointly identify
means by which students in these programs can be assessed; or
    (c) To use an alternative means developed and approved by the
superintendent of public instruction and authorized pursuant to
subsection (10) of this section to demonstrate achievement of the
standards for that content area if the student has retaken the
assessment in that content area at least once.
    (8) Students who achieve the standard in a content area of the high
school assessment of student learning but who wish to improve their
results shall pay for retaking the assessment, using a uniform cost
determined by the superintendent of public instruction.
    (9) Subject to available funding, the superintendent shall pilot
opportunities for retaking the high school assessment beginning in the
2004-05 school year.  Beginning no later than September 2006,
opportunities to retake the assessment at least twice a year shall be
available to each school district.
    (10) Beginning no later than spring 2007, subject to formal
legislative approval of the alternative means, alternative means shall
be in place to demonstrate achievement of the state standards in a
content area in which the student was unsuccessful on the Washington
assessment of student learning.  Through the omnibus appropriations
act, or by statute or concurrent resolution, the legislature shall
formally approve the use of any alternative means, including appeals,
before its implementation as part of the high school assessment system.
    (11) To help assure continued progress in academic achievement as
a foundation for high school graduation and to assure that students are
on track for high school graduation, each school district shall prepare
plans for students as provided in this subsection.
    (a) Plans are required for eighth through twelfth grade students
who were not successful on any or all of the content areas of the
Washington assessment for student learning during the previous school
year.  The plan shall include the courses, competencies, and other
steps needed to be taken by the student to meet state academic
standards and stay on track for graduation.  This requirement shall be
phased in as follows:
    (i) Beginning no later than the 2004-05 school year ninth grade
students as described in (a) of this subsection shall have a plan.
    (ii) Beginning no later than the 2005-06 school year and every year
thereafter eighth grade students as described in (a) of this subsection
shall have a plan.
    (iii) The parent or guardian shall be notified, preferably through
a parent conference, of the student's results on the Washington
assessment of student learning, actions the school intends to take to
improve the student's skills in any content area in which the student
was unsuccessful, strategies to help them improve their student's
skills, and the content of the student's plan.
    (iv) Progress made on the student plan shall be reported to the
student's parents or guardian at least annually and adjustments to the
plan made as necessary.
    (b) Beginning with the 2005-06 school year and every year
thereafter, all fifth grade students who were not successful in one or
more of the content areas of the fourth grade Washington assessment of
student learning shall have a plan.
    (i) The parent or guardian of a student described in (b) of this
subsection shall be notified, through a parent conference, of the
student's results on the Washington assessment of student learning,
actions the school intends to take to improve the student's skills in
any content area in which the student was unsuccessful, and provide
strategies to help them improve their student's skills.
    (ii) Progress made on the student plan shall be reported to the
student's parents or guardian at least annually and adjustments to the
plan made as necessary.

    {+ NEW SECTION. +}  Sec. 102.  CERTIFICATE REPORTS REQUIRED ON THE
CUT SCORES REQUIRED TO ACHIEVE THE CERTIFICATE, ALTERNATIVE MEANS, AND
ISSUES RELATED TO VALIDITY AND RELIABILITY.  (1) Before the results of
the 2004 high school assessment of student learning are reported to
school districts, the academic achievement and accountability
commission shall review and adjust, if necessary, the performance
standards needed to meet the high school standards and obtain a
certificate of academic achievement as provided in section 101 of this
act.  The commission shall include in its review consideration of
various conjunctive and compensatory score models, including the use of
the standard error of measurement, into the decision regarding the
award of the certificate of academic achievement.  To assist in its
deliberations, the commission shall seek advice from a committee that
includes parents, practicing classroom teachers and principals,
administrators, staff, and other interested parties.
    (2) The office of the superintendent of public instruction shall
develop options for implementing alternative means for students to
demonstrate achievement of the state academic standards, one of which
shall be an appeals option.  The alternative means shall be comparable
in rigor to the skills and knowledge that the student must demonstrate
on the Washington assessment of student learning and be objective in
its determination of student achievement of the state standards.
    (a) By July 1, 2004, the office of the superintendent of public
instruction shall report its recommendations for alternative means,
including the use of appeals, to the governor, the state board of
education, and the house of representatives and senate education
committees.
    (b) In its deliberations, the office of the superintendent of
public instruction shall consult with parents, administrators,
practicing classroom teachers including teachers in career and
technical education, practicing principals, appropriate agencies,
professional organizations, assessment experts, and other interested
parties.
    (c) Through the omnibus appropriations act, or by statute or
concurrent resolution, the legislature shall formally approve the use
of any alternative means, including any appeals process, before its
implementation as a part of the high school assessment system.
    (3) By September 15, 2004, the superintendent of public instruction
shall develop recommendations on the best practices that may be used
with students who need additional assistance to meet the requirements
of the certificate of academic achievement.
    (4) By November 30, 2004, the superintendent of public instruction
and the state board of education shall provide to the house of
representatives and senate education committees all available pertinent
studies, information, and independent third-party analyses on the
validity and reliability of the high school assessment system,
especially as it pertains to the use of the system for individual
student decisions.

    Sec. 103.  RCW 28A.230.090 and 1997 c 222 s 2 are each amended to
read as follows:
    CERTIFICATE OF ACADEMIC ACHIEVEMENT - STATE BOARD OF EDUCATION HIGH
SCHOOL GRADUATION REQUIREMENTS, INCLUDING LOCAL DETERMINATION OF
INDIVIDUAL STUDENT SUCCESS.  (1) The state board of education shall
establish high school graduation requirements or equivalencies for
students.
    {+ (a) +} Any course in Washington state history and government
used to fulfill high school graduation requirements is encouraged to
include information on the culture, history, and government of the
American Indian peoples who were the first inhabitants of the state.
    {+ (b) The certificate of academic achievement requirements under
section 101 of this act or the certificate of completion requirements
under section 104 of this act are required for graduation from a public
high school but are not the only requirements for graduation.
    (c) Any decision on whether a student has met the state board's
high school graduation requirements for a high school and beyond plan
shall remain at the local level. +}
    (2) In recognition of the statutory authority of the state board of
education to establish and enforce minimum high school graduation
requirements, the state board shall periodically reevaluate the
graduation requirements and shall report such findings to the
legislature in a timely manner as determined by the state board.
    (3) Pursuant to any requirement for instruction in languages other
than English established by the state board of education or a local
school district, or both, for purposes of high school graduation,
students who receive instruction in American sign language or one or
more American Indian languages shall be considered to have satisfied
the state or local school district graduation requirement for
instruction in one or more languages other than English.
    (4) If requested by the student and his or her family, a student
who has completed high school courses before attending high school
shall be given high school credit which shall be applied to fulfilling
high school graduation requirements if:
    (a) The course was taken with high school students, if the academic
level of the course exceeds the requirements for seventh and eighth
grade classes, and the student has successfully passed by completing
the same course requirements and examinations as the high school
students enrolled in the class; or
    (b) The academic level of the course exceeds the requirements for
seventh and eighth grade classes and the course would qualify for high
school credit, because the course is similar or equivalent to a course
offered at a high school in the district as determined by the school
district board of directors.
    (5) Students who have taken and successfully completed high school
courses under the circumstances in subsection (4) of this section shall
not be required to take an additional competency examination or perform
any other additional assignment to receive credit.  (({- Subsection (4)
of this section shall also apply to students enrolled in high school on
April 11, 1990, who took the courses before attending high school. -}))
    (6) At the college or university level, five quarter or three
semester hours equals one high school credit.

    {+ NEW SECTION. +}  Sec. 104.  A new section is added to chapter
28A.155 RCW to read as follows:
    CERTIFICATE OF COMPLETION.  Students served under this chapter, who
cannot participate in the high school Washington assessment of student
learning including alternative means, even with accommodations, may
earn a certificate of completion using multiple ways to demonstrate
skills and abilities commensurate with their individual education
plans.  For these students, the certificate of completion is required
for graduation from a public high school, but need not be the only
requirement for graduation.  When measures other than the high school
Washington assessment of student learning are used, the measures shall
be in agreement with the appropriate educational opportunity provided
for the student as required by this chapter.  The superintendent of
public instruction shall develop the criteria for determining which
students cannot participate in the assessment and shall be eligible to
obtain a certificate of completion.
    When measures other than the high school Washington assessment of
student learning are used for high school graduation purposes, the
student's high school diploma shall state that the student has earned
a certificate of completion.
    Nothing in this section shall be construed to deny a student the
right to participation in the program of assessment known as the high
school Washington assessment of student learning, and, upon
successfully meeting the high school standard, receipt of the
certificate of academic achievement.

    {+ NEW SECTION. +}  Sec. 105.  A new section is added to chapter
28A.180 RCW to read as follows:
    The office of the superintendent of public instruction and the
state board for community and technical colleges shall jointly develop
a program plan to provide a continuing education option for students
who are eligible for the state transitional bilingual instruction
program and who need more time to develop language proficiency but who
are more age-appropriately suited for a postsecondary learning
environment than for a high school.  In developing the plan, the
superintendent of public instruction shall consider options to formally
recognize the accomplishments of students in the state transitional
bilingual instruction program who have completed the twelfth grade but
have not earned a certificate of academic achievement.  By December 1,
2004, the agencies shall report to the legislative education and fiscal
committees with any recommendations for legislative action and any
resources necessary to implement the plan.

    {+ NEW SECTION. +}  Sec. 106.  A new section is added to chapter
28A.180 RCW to read as follows:
    (1) Students who are eligible for the state transitional bilingual
instruction program and who have limited English proficiency shall have
access to the following:
    (a) The learning plans under section 101 of this act;
    (b) Multiple opportunities to retake the high school assessment of
student learning offered during the eleventh and twelfth grades through
the school district until the student reaches the age of twenty-one or
through a high school completion program offered in a community college
or technical college; and
    (c) The opportunity to demonstrate academic achievement through an
alternative means or appeals, as provided under section 101 of this
act.
    (2) School districts shall provide assistance to these students
through the transitional bilingual instruction program and through
other programs supported with state, federal, or local funds.

    Sec. 107.  RCW 28A.195.010 and 1993 c 336 s 1101 are each amended
to read as follows:
    CERTIFICATE OF ACADEMIC ACHIEVEMENT - PRIVATE SCHOOL STUDENTS
EXEMPTED.  The legislature hereby recognizes that private schools
should be subject only to those minimum state controls necessary to
insure the health and safety of all the students in the state and to
insure a sufficient basic education to meet usual graduation
requirements.  The state, any agency or official thereof, shall not
restrict or dictate any specific educational or other programs for
private schools except as hereinafter in this section provided.
    Principals of private schools or superintendents of private school
districts shall file each year with the state superintendent of public
instruction a statement certifying that the minimum requirements
hereinafter set forth are being met, noting any deviations.  After
review of the statement, the state superintendent will notify schools
or school districts of those deviations which must be corrected.  In
case of major deviations, the school or school district may request and
the state board of education may grant provisional status for one year
in order that the school or school district may take action to meet the
requirements.  Minimum requirements shall be as follows:
    (1) The minimum school year for instructional purposes shall
consist of no less than one hundred eighty school days or the
equivalent in annual minimum program hour offerings as prescribed in
RCW 28A.150.220.
    (2) The school day shall be the same as that required in RCW
28A.150.030 and 28A.150.220, except that the percentages of total
program hour offerings as prescribed in RCW 28A.150.220 for basic
skills, work skills, and optional subjects and activities shall not
apply to private schools or private sectarian schools.
    (3) All classroom teachers shall hold appropriate Washington state
certification except as follows:
    (a) Teachers for religious courses or courses for which no
counterpart exists in public schools shall not be required to obtain a
state certificate to teach those courses.
    (b) In exceptional cases, people of unusual competence but without
certification may teach students so long as a certified person
exercises general supervision.  Annual written statements shall be
submitted to the office of the superintendent of public instruction
reporting and explaining such circumstances.
    (4) An approved private school may operate an extension program for
parents, guardians, or persons having legal custody of a child to teach
children in their custody.  The extension program shall require at a
minimum that:
    (a) The parent, guardian, or custodian be under the supervision of
an employee of the approved private school who is certified under
chapter 28A.410 RCW;
    (b) The planning by the certified person and the parent, guardian,
or person having legal custody include objectives consistent with this
subsection and subsections (1), (2), (5), (6), and (7) of this section;
    (c) The certified person spend a minimum average each month of one
contact hour per week with each student under his or her supervision
who is enrolled in the approved private school extension program;
    (d) Each student's progress be evaluated by the certified person;
and
    (e) The certified employee shall not supervise more than thirty
students enrolled in the approved private school's extension program.
    (5) Appropriate measures shall be taken to safeguard all permanent
records against loss or damage.
    (6) The physical facilities of the school or district shall be
adequate to meet the program offered by the school or district: 
PROVIDED, That each school building shall meet reasonable health and
fire safety requirements.  However, the state board shall not require
private school students to meet the student learning goals, obtain a
certificate of (({- mastery -})) {+ academic achievement +} to graduate
from high school, to master the essential academic learning
requirements, or to be assessed pursuant to (({- RCW 28A.630.885 -}))
{+ section 101 of this act +}.  However, private schools may choose, on
a voluntary basis, to have their students master these essential
academic learning requirements, take these assessments, and obtain
certificates of (({- mastery -})) {+ academic achievement +}.  A
residential dwelling of the parent, guardian, or custodian shall be
deemed to be an adequate physical facility when a parent, guardian, or
person having legal custody is instructing his or her child under
subsection (4) of this section.
    (7) Private school curriculum shall include instruction of the
basic skills of occupational education, science, mathematics, language,
social studies, history, health, reading, writing, spelling, and the
development of appreciation of art and music, all in sufficient units
for meeting state board of education graduation requirements.
    (8) Each school or school district shall be required to maintain
up-to-date policy statements related to the administration and
operation of the school or school district.{+  +}
    All decisions of policy, philosophy, selection of books, teaching
material, curriculum, except as in subsection (7) (({- above -})) {+ of
this section +} provided, school rules and administration, or other
matters not specifically referred to in this section, shall be the
responsibility of the administration and administrators of the
particular private school involved.

    Sec. 108.  RCW 28A.200.010 and 1995 c 52 s 1 are each amended to
read as follows:
    CERTIFICATE OF ACADEMIC ACHIEVEMENT - STUDENTS IN HOME-BASED
INSTRUCTION EXEMPTED.  {+ (1) +} Each parent whose child is receiving
home-  based instruction under RCW 28A.225.010(4) shall have the duty
to:
    (({- (1) -})) {+ (a) +} File annually a signed declaration of
intent that he or she is planning to cause his or her child to receive
home-based instruction.  The statement shall include the name and age
of the child, shall specify whether a certificated person will be
supervising the instruction, and shall be written in a format
prescribed by the superintendent of public instruction.  Each parent
shall file the statement by September 15{+ th +} of the school year or
within two weeks of the beginning of any public school quarter,
trimester, or semester with the superintendent of the public school
district within which the parent resides or the district that accepts
the transfer, and the student shall be deemed a transfer student of the
nonresident district.  Parents may apply for transfer under RCW
28A.225.220;
    (({- (2) -})) {+ (b) +} Ensure that test scores or annual academic
progress assessments and immunization records, together with any other
records that are kept relating to the instructional and educational
activities provided, are forwarded to any other public or private
school to which the child transfers.  At the time of a transfer to a
public school, the superintendent of the local school district in which
the child enrolls may require a standardized achievement test to be
administered and shall have the authority to determine the appropriate
grade and course level placement of the child after consultation with
parents and review of the child's records; and
    (({- (3) -})) {+ (c) +} Ensure that a standardized achievement test
approved by the state board of education is administered annually to
the child by a qualified individual or that an annual assessment of the
student's academic progress is written by a certificated person who is
currently working in the field of education.  The state board of
education shall not require these children to meet the student learning
goals, master the essential academic learning requirements, to take the
assessments, or to obtain a certificate of (({- mastery -})) {+
academic achievement +} pursuant to (({- RCW 28A.630.885 -})) {+
section 101 of this act +}.  The standardized test administered or the
annual academic progress assessment written shall be made a part of the
child's permanent records.  If, as a result of the annual test or
assessment, it is determined that the child is not making reasonable
progress consistent with his or her age or stage of development, the
parent shall make a good faith effort to remedy any deficiency.
    {+ (2) +} Failure of a parent to comply with the duties in this
section shall be deemed a failure of such parent's child to attend
school without valid justification under RCW 28A.225.020.  Parents who
do comply with the duties set forth in this section shall be presumed
to be providing home-based instruction as set forth in RCW
28A.225.010(4).

    Sec. 109.  RCW 28A.230.120 and 2003 c 234 s 1 are each amended to
read as follows:
    HIGH SCHOOL DIPLOMAS--ISSUANCE--OPTION TO RECEIVE FINAL
TRANSCRIPTS--NOTICE.  (1) School districts shall issue diplomas to
students signifying graduation from high school upon the students'
satisfactory completion of all local and state graduation requirements. 
{+ Diplomas shall include one of the following statements:  (a)
"Certificate of Academic Achievement earned," or (b) "Certificate of
Completion earned." +}  Districts shall grant students the option of
receiving a final transcript in addition to the regular diploma.
    (2) School districts or schools of attendance shall establish
policies and procedures to notify senior students of the transcript
option and shall direct students to indicate their decisions in a
timely manner.  School districts shall make appropriate provisions to
assure that students who choose to receive a copy of their final
transcript shall receive such transcript after graduation.
    (3)(a) A school district may issue a high school diploma to a
person who:
    (i) Is an honorably discharged member of the armed forces of the
United States;
    (ii) Was scheduled to graduate from high school in the years 1940
through 1955; and
    (iii) Left high school before graduation to serve in World War II
or the Korean conflict.
    (b) A school district may issue a diploma to or on behalf of a
person otherwise eligible under (a) of this subsection notwithstanding
the fact that the person holds a high school equivalency certification
or is deceased.
    (c) The superintendent of public instruction shall adopt a form for
a diploma application to be used by a veteran or a person acting on
behalf of a deceased veteran under this subsection (3).  The
superintendent of public instruction shall specify what constitutes
acceptable evidence of eligibility for a diploma.

    Sec. 110.  RCW 28A.305.220 and 1984 c 178 s 1 are each amended to
read as follows:
    DEVELOPMENT OF STANDARDIZED HIGH SCHOOL TRANSCRIPTS--SCHOOL
DISTRICTS TO INFORM STUDENTS OF IMPORTANCE.  (1) The state board of
education shall develop for use by all public school districts a
standardized high school transcript.  The state board of education
shall establish clear definitions for the terms "credits" and "hours"
so that school programs operating on the quarter, semester, or
trimester system can be compared.
    (2) {+ The standardized high school transcript shall include the
highest scale score and level achieved in each content area on the high
school Washington assessment of student learning or other high school
measures successfully completed by the student as provided by section
104 of this act.  Additionally, the transcript shall record all scholar
designations as provided by section 101 of this act.
    (3) +} Transcripts are important documents to students who will
apply for admission to postsecondary institutions of higher education. 
Transcripts are also important to students who will seek employment
upon or prior to graduation from high school.  It is recognized that
student transcripts may be the only record available to employers in
their decision-making processes regarding prospective employees.  The
superintendent of public instruction shall require school districts to
inform annually all high school students that prospective employers may
request to see transcripts and that the prospective employee's decision
to release transcripts can be an important part of the process of
applying for employment.

    {+ NEW SECTION. +}  Sec. 111.  The superintendent of public
instruction shall study the effect of the certificate of academic
achievement requirement on dropout rates and report the findings to the
legislature and the academic achievement and accountability commission
by October 1, 2010.  The superintendent of public instruction shall
include any related recommendations for decreasing the dropout rate in
the report.

PART 2
ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS

    {+ NEW SECTION. +}  Sec. 201.  ESSENTIAL ACADEMIC LEARNING
REQUIREMENTS AND ASSESSMENTS - REPORT REQUIRED ON ASSESSMENTS AND OTHER
OPTIONS FOR MEETING THE ESSENTIAL ACADEMIC LEARNING REQUIREMENTS IN
SOCIAL STUDIES, THE ARTS, AND HEALTH AND FITNESS.  (1) A comprehensive
education involves the entire domain of human knowledge to participate
productively in our democratic society.  All Washington students should
have some appreciation of mathematical and scientific principles and
structures, a broad awareness of social, economic, and political
systems and developments and an appreciation of the arts and
humanities, and the elements of good personal health.
    (2) By September 1, 2004, the superintendent of public instruction,
after consultation with parents, practicing classroom teachers and
principals, education organizations, and other interested parties,
shall report to the governor, the state board of education, and the
house of representatives and senate education committees regarding
state classroom-based assessment models, other assessment options,
and/or other strategies approved by the superintendent of public
instruction to assure continued support and attention to the essential
academic learning requirements in social studies, the arts, and health
and fitness in elementary, middle, and high schools.  The options shall
include a recommended timeline to implement those recommendations the
legislature adopts.  The options may include recommendations on the
design, administration, scoring, and reporting of classroom or
performance-based assessments for these content areas.  The report
shall outline progress regarding:
    (a) The development of the state classroom-based assessment models,
other assessments, and/or other strategies;
    (b) Plans for staff development; and
    (c) The funding resources necessary to fully implement the
recommendations.
    (3) All classroom-based assessment models shall be designed in
consultation with practicing classroom teachers.
    (4) The classroom-based assessment models, other assessment
options, and/or other strategies shall be available for voluntary use
beginning with the 2005-06 school year.

    {+ NEW SECTION. +}  Sec. 202.  ESSENTIAL ACADEMIC LEARNING
REQUIREMENTS AND ASSESSMENTS - REPORTS REQUIRED ON THE ESSENTIAL
ACADEMIC LEARNING REQUIREMENTS, THE RESULTS OF INDEPENDENT RESEARCH ON
ALIGNMENT AND TECHNICAL REVIEW, AND THE FEASIBILITY OF RETURNING
ASSESSMENT BEFORE THE END OF THE SCHOOL YEAR.  (1) Subject to available
funding, the superintendent of public instruction shall report to the
governor, the state board of education, and the house of
representatives and senate education committees on the results of
independent research on the alignment and technical review of the
reading, writing, and science content areas of the Washington
assessment of student learning for elementary and middle grades and for
high school.  The review shall be comparable to the research conducted
on the mathematics assessments and shall be reported in accordance with
the following timelines:
    (a) In the content areas of reading and writing by November 1,
2005; and
    (b) In the content area of science by November 1, 2006. 
    (2) The superintendent of public instruction shall report to the
governor, the state board of education, and the house of
representatives and senate education committees on the review,
prioritization, and identification of the essential academic learning
requirements and grade level content expectations in accordance with
the following timelines:
    (a) In the content areas of reading, writing, math, and science by
November 1, 2004;
    (b) In the content area of social studies by November 1, 2005;
    (c) In the content area of the arts by November 1, 2006; and 
    (d) In the content area of health and fitness by November 1, 2007.
    (3) By November 30, 2004, the superintendent of public instruction
shall report to the governor, the state board of education, and the
house of representatives and senate education committees on the
feasibility of returning the results of the Washington assessment of
student learning, including individual student performance information,
to schools, teachers, and parents in the same school year in which the
assessment is administered.

    {+ NEW SECTION. +}  Sec. 203.  A new section is added to chapter
28A.230 RCW to read as follows:
    ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS.  By the
end of the 2008-09 school year, school districts shall have in place in

elementary schools, middle schools, and high schools assessments or
other strategies to assure that students have an opportunity to learn
the essential academic learning requirements in social studies, the
arts, and health and fitness.  Beginning with the 2008-09 school year,
school districts shall annually submit an implementation verification
report to the office of the superintendent of public instruction.

    Sec. 204.  RCW 28A.655.070 and 1999 c 388 s 501 are each amended to
read as follows:
    ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - DUTIES
OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION.  (1) The superintendent of
public instruction shall {+ develop essential academic learning
requirements that +} identify the knowledge and skills all public
school students need to know and be able to do based on the student
learning goals in RCW 28A.150.210, develop student assessments, and
implement the accountability recommendations and requests regarding
assistance, rewards, and recognition of the academic achievement and
accountability commission.
    (2) The superintendent of public instruction shall{+ :
    (a) P +}eriodically revise the essential academic learning
requirements, as needed, based on the student learning goals in RCW
28A.150.210.  Goals one and two shall be considered primary.  To the
maximum extent possible, the superintendent shall integrate goal four
and the knowledge and skill areas in the other goals in the essential
academic learning requirements{+ ; and
    (b) Review and prioritize the essential academic learning
requirements and identify, with clear and concise descriptions, the
grade level content expectations to be assessed on the Washington
assessment of student learning and used for state or federal
accountability purposes.  The review, prioritization, and
identification shall result in more focus and targeting with an
emphasis on depth over breadth in the number of grade level content
expectations assessed at each grade level.  Grade level content
expectations shall be articulated over the grades as a sequence of
expectations and performances that are logical, build with increasing
depth after foundational knowledge and skills are acquired, and
reflect, where appropriate, the sequential nature of the discipline. 
The office of the superintendent of public instruction, within seven
working days, shall post on its web site any grade level content
expectations provided to an assessment vendor for use in constructing
the Washington assessment of student learning +}.
    (3) In consultation with the academic achievement and
accountability commission, the superintendent of public instruction
shall maintain and continue to develop and revise a statewide academic
assessment system {+ in the content areas of reading, writing, +} {+
mathematics, and science +} for use in the elementary, middle, and high
school years designed to determine if each student has mastered the
essential academic learning requirements identified in subsection (1)
of this section.  {+ School districts shall administer the assessments
under guidelines adopted by the superintendent of public instruction.
+}  The academic assessment system shall include a variety of
assessment methods, including criterion-referenced and performance-
based measures.
    (4) {+ If the superintendent proposes any modification to the
essential academic learning requirements or the statewide assessments,
then the superintendent shall, upon request, provide opportunities for
the education committees of the house of representatives and the senate
to review the assessments and proposed modifications to the essential
academic learning requirements  before the modifications are adopted.
+}
    (5)(a) The assessment system shall be designed so that the results
under the assessment system are used by educators as tools to evaluate
instructional practices, and to initiate appropriate educational
support for students who have not mastered the essential academic
learning requirements at the appropriate periods in the student's
educational development.
    (({- (5) -})) {+ (b) Assessments measuring the essential academic
learning requirements in the content area of science shall be available
for mandatory use in middle schools and high schools by the 2003-04
school year and for mandatory use in elementary schools by the 2004-05
school year unless the legislature takes action to delay or prevent
implementation of the assessment.
    (6) By September 2006, the results for reading and mathematics
shall be reported in a format that will allow parents and teachers to
determine the academic gain a student has acquired in those content
areas from one school year to the next.
    (7) To assist parents and teachers in their efforts to provide
educational support to individual students, the superintendent of
public instruction shall provide as much individual student performance
information as possible within the constraints of the assessment
system's item bank.  The superintendent shall also provide to school
districts:
    (a) Information on classroom-based and other assessments that may
provide additional achievement information for individual students; and
    (b) A collection of diagnostic tools that educators may use to
evaluate the academic status of individual students.  The tools shall
be designed to be inexpensive, easily administered, and quickly and
easily scored, with results provided in a format that may be easily
shared with parents and students.
    (8) +} To the maximum extent possible, the superintendent shall
integrate knowledge and skill areas in development of the assessments.
    (({- (6) -})) {+ (9) +} Assessments for goals three and four of RCW
28A.150.210 shall be integrated in the essential academic learning
requirements and assessments for goals one and two.
    (({- (7) -})) {+ (10) +} The superintendent shall develop
assessments that are directly related to the essential academic
learning requirements, and are not biased toward persons with different
learning styles, racial or ethnic backgrounds, or on the basis of gender.
    (({- (8) -})) {+ (11) +} The superintendent shall consider methods
to address the unique needs of special education students when
developing the assessments under this section.
    (({- (9) -})) {+ (12) +} The superintendent shall consider methods
to address the unique needs of highly capable students when developing
the assessments under this section.
    {+ (13) The superintendent shall post on the superintendent's web
site lists of resources and model assessments in social studies, the
arts, and health and fitness. +}

    Sec. 205.  RCW 28A.655.030 and 2002 c 37 s 1 are each amended to
read as follows:
    ESSENTIAL ACADEMIC LEARNING REQUIREMENTS AND ASSESSMENTS - DUTIES
OF THE ACADEMIC ACHIEVEMENT AND ACCOUNTABILITY COMMISSION.  The powers
and duties of the academic achievement and accountability commission
shall include, but are not limited to the following:
    (1) For purposes of statewide accountability, the commission shall:
    (a) Adopt and revise performance improvement goals in reading,
writing, science, and mathematics by subject and grade level as the
commission deems appropriate to improve student learning, once
assessments in these subjects are required statewide.  The goals shall
be consistent with student privacy protection provisions of RCW
28A.655.090(7) and shall not conflict with requirements contained in
Title I of the federal elementary and secondary education act of 1965,
as amended.  The goals may be established for all students,
economically disadvantaged students, limited English proficient
students, students with disabilities, and students from
disproportionately academically underachieving racial and ethnic
backgrounds.  The commission may establish school and school district
goals addressing high school graduation rates and dropout reduction
goals for students in grades seven through twelve.  (({- The goals
shall be in addition to any goals adopted in RCW 28A.655.050.  The
commission may also revise any goal adopted in RCW 28A.655.050. -})) 
The commission shall adopt the goals by rule.  However, before each
goal is implemented, the commission shall present the goal to the
education committees of the house of representatives and the senate for
the committees' review and comment in a time frame that will permit the
legislature to take statutory action on the goal if such action is
deemed warranted by the legislature;
    (b) Identify the scores students must achieve in order to meet the
standard on the Washington assessment of student learning and{+ , for
high school students, obtain a certificate of academic achievement. 
The commission shall also +} determine student scores that identify
levels of student performance below and beyond the standard.  {+ The
commission shall consider the incorporation of the standard error of
measurement into the decision regarding the award of the certificate of
academic achievement. +}  The commission shall set such performance
standards and levels in consultation with the superintendent of public
instruction and after consideration of any recommendations that may be
developed by any advisory committees that may be established for this
purpose{+ .  Beginning in 2004, if the commission makes any adjustment
of the student performance standards, then the commission shall present
the recommended performance standard to the education committees of the
house of representatives and the senate by November 30th of the year
before the school year in which the changes will take place to permit
the legislature to take statutory action before the changes are
implemented if such action is deemed warranted by the legislature +};
    (c) Adopt objective, systematic criteria to identify successful
schools and school districts and recommend to the superintendent of
public instruction schools and districts to be recognized for two types
of accomplishments, student achievement and improvements in student
achievement.  Recognition for improvements in student achievement shall
include consideration of one or more of the following accomplishments:
    (i) An increase in the percent of students meeting standards.  The
level of achievement required for recognition may be based on the
achievement goals established by the legislature (({- under RCW
28A.655.050 -})) and {+ by +} the commission under (a) of this
subsection;
    (ii) Positive progress on an improvement index that measures
improvement in all levels of the assessment; and
    (iii) Improvements despite challenges such as high levels of
mobility, poverty, English as a second language learners, and large
numbers of students in special populations as measured by either the
percent of students meeting the standard, or the improvement index.
    When determining the baseline year or years for recognizing
individual schools, the commission may use the assessment results from
the initial years the assessments were administered, if doing so with
individual schools would be appropriate;
    (d) Adopt objective, systematic criteria to identify schools and
school districts in need of assistance and those in which significant
numbers of students persistently fail to meet state standards.  In its
deliberations, the commission shall consider the use of all statewide
mandated criterion-referenced and norm-referenced standardized tests;
    (e) Identify schools and school districts in which state
intervention measures will be needed and a range of appropriate
intervention strategies, beginning no earlier than June 30, 2001, and
after the legislature has authorized a set of intervention strategies. 
Beginning no earlier than June 30, 2001, and after the legislature has
authorized a set of intervention strategies, at the request of the
commission, the superintendent shall intervene in the school or school
district and take corrective actions.  This chapter does not provide
additional authority for the commission or the superintendent of public
instruction to intervene in a school or school district;
    (f) Identify performance incentive systems that have improved or
have the potential to improve student achievement;
    (g) Annually review the assessment reporting system to ensure
fairness, accuracy, timeliness, and equity of opportunity, especially
with regard to schools with special circumstances and unique
populations of students, and a recommendation to the superintendent of
public instruction of any improvements needed to the system;
    (h) Annually report by December 1st to the legislature, the
governor, the superintendent of public instruction, and the state board
of education on the progress, findings, and recommendations of the
commission.  The report may include recommendations of actions to help
improve student achievement;
    (i) By December 1, 2000, and by December 1st annually thereafter,
report to the education committees of the house of representatives and
the senate on the progress that has been made in achieving (({- the
reading goal under RCW 28A.655.050 and any additional -})) goals
adopted by the commission;
    (j) Coordinate its activities with the state board of education and
the office of the superintendent of public instruction;
    (k) Seek advice from the public and all interested educational
organizations in the conduct of its work; and
    (l) Establish advisory committees, which may include persons who
are not members of the commission;
    (2) Holding meetings and public hearings, which may include
regional meetings and hearings;
    (3) Hiring necessary staff and determining the staff's duties and
compensation.  However, the office of the superintendent of public
instruction shall provide staff support to the commission until the
commission has hired its own staff, and shall provide most of the
technical assistance and logistical support needed by the commission
thereafter.  The office of the superintendent of public instruction
shall be the fiscal agent for the commission.  The commission may
direct the office of the superintendent of public instruction to enter
into subcontracts, within the commission's resources, with school
districts, teachers, higher education faculty, state agencies, business
organizations, and other individuals and organizations to assist the
commission in its deliberations; and
    (4) Receiving per diem and travel allowances as permitted under RCW
43.03.050 and 43.03.060.

    {+ NEW SECTION. +}  Sec. 206.  ESSENTIAL ACADEMIC LEARNING
REQUIREMENTS AND ASSESSMENTS - RCW 28A.655.060 REPEALED.  RCW
28A.655.060 (Essential academic learning requirements--Statewide
academic assessment system--  Certificate of mastery--Educational
pathways--Accountability--Reports and recommendations--Washington
commission on student learning, creation and expiration) and 2001 2nd
sp.s. c 20 s 1, 1999 c 373 s 501, 1998 c 225 s 1, & 1997 c 268 s 1 are
each repealed.

PART 3
MISCELLANEOUS

    {+ NEW SECTION. +}  Sec. 301.  Part headings and captions used in
this act are not any part of the law.

    {+ NEW SECTION. +}  Sec. 302.  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.

    {+ NEW SECTION. +}  Sec. 303.  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.

--- END ---