The legislature finds that, for highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. The legislature has directed school districts to prioritize equitable identification of low-income students for participation in highly capable programs and services. The research literature strongly supports using universal screening and multiple criteria to equitably identify students for highly capable programs. There are multiple approaches to implementing universal screening and the use of multiple criteria. The legislature intends all school districts to use best practices and does not intend to prescribe a single method.
This section modifies existing section 28A.185.020. Here is the modified chapter for context.
District practices for identifying highly capable students must prioritize equitable identification of low-income students. Access to accelerated learning and enhanced instruction through the program for highly capable students does not constitute an individual entitlement for any particular student.
This section adds a new section to an existing chapter 28A.185. Here is the modified chapter for context.
The legislature intends to allocate state funding for the highly capable program based on five percent of each school district's student population. The legislature does not intend to limit highly capable services to five percent of the student population. Districts may identify and serve more than five percent of their students for highly capable programs and services.
Supplemental funds provided by the state for the state basic education program for highly capable students under RCW 28A.150.260 are categorical funding to identify and provide services to highly capable students as determined by a school district under RCW 28A.185.030. Basic education funding and categorical funding must be used to identify students and provide programs and services for highly capable students.
Each school district must conduct universal screenings in accordance with RCW 28A.185.030 to find students who need further assessment for potential highly capable program placement.
This section modifies existing section 28A.185.030. Here is the modified chapter for context.
School districts may establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education.
School districts that establish and operate programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows:
In accordance with rules adopted by the superintendent of public instruction, school districts shall implement procedures for referral, screening, assessment , identification, and placement of highly capable students.
Referrals must be available for all grade levels not being universally screened, and may be submitted by teachers, other staff, parents, students, and members of the community.
Each school district must select a grade level to implement universal screening procedures for each student. Universal screening must occur once in or before second grade, and again in or before sixth grade. The purpose of universal screening is to include students who traditionally are not referred for highly capable programs and services. Students discovered during universal screening may need further assessment to determine whether the student is eligible for placement in a program for highly capable students. Districts must consider at least two student data points during universal screening, which may include previously administered standardized, classroom-based, performance, cognitive, or achievement assessments, or research-based behavior ratings scales. There is no requirement to administer a new assessment for the purpose of universal screening, however districts may do so if they desire.
Assessments****for highly capable program services must be based upon a review of each student's capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student's unique needs and capabilities. Any screenings or additional assessments must be conducted within the school day and at the school the student attends.
Identification and placement decisions shall be made by a multidisciplinary selection committee after consideration of the results of the universal screening, any further assessment, and any available district data. Students identified pursuant to procedures outlined in this section must be provided, to the extent feasible, an educational opportunity that takes into account each student's unique needs and capabilities, and the limits of the resources and program options available to the district, including those options that can be developed or provided using funds allocated by the superintendent of public instruction for this specific purpose.
In addition to the criteria listed in (a) of this subsection, district practices for identifying highly capable students must seek to expand access to accelerated learning and enhanced instruction at elementary and secondary schools and advance equitable enrollment practices so that all students, especially students from historically underrepresented and low-income groups, who are ready to engage in more rigorous coursework can benefit from accelerated learning and enhanced instruction.
When a student, who is a child of a military family in transition, has been assessed or enrolled as highly capable by a sending school, the receiving school shall initially honor placement of the student into a like program.
The receiving school shall determine whether the district's program is a like program when compared to the sending school's program; and
The receiving school may conduct subsequent assessments to determine appropriate placement and continued enrollment in the program.
For a student who is a child of a military family in transition, the definitions in Article II of RCW 28A.705.010 apply to subsection (3) of this section.
This section modifies existing section 28A.185.050. Here is the modified chapter for context.
In order to ensure that school districts are meeting the requirements of an approved program for highly capable students, the superintendent of public instruction shall monitor highly capable programs at least once every five years. Monitoring shall begin during the 2002-03 school year.
Any program review and monitoring under this section may be conducted concurrently with other program reviews and monitoring conducted by the office of the superintendent of public instruction. In its review, the office shall monitor program components that include but need not be limited to the process used by the district to identify and reach out to highly capable students with diverse talents and from diverse backgrounds, assessment data , other indicators to determine how well the district is meeting the academic needs of highly capable students, and district expenditures used to enrich or expand opportunities for these students.
Beginning June 30, 2003, and every five years thereafter, the office of the superintendent of public instruction shall submit a report to the education committees of the house of representatives and the senate that provides the following:
A brief description of the various instructional programs offered to highly capable students**; and**
Relevant data to the programs for highly capable students collected under RCW 28A.300.042.
Beginning November 1, 2022, and annually thereafter, the superintendent of public instruction must make data publicly available that includes a comparison of the race, ethnicity, and low-income status of highly capable students compared to the same demographic groups in the general student population of each school district. Reporting must also include comparisons for students who are English language learners, have an individualized education program, have a 504 plan, are covered by provisions of the McKinney-Vento homeless assistance act, or are highly mobile.
The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section.
This section modifies existing section 28A.160.160. Here is the modified chapter for context.
For purposes of RCW 28A.160.150 through 28A.160.190, except where the context shall clearly indicate otherwise, the following definitions apply:
"Eligible student" means any student served by the transportation program of a school district or compensated for individual transportation arrangements authorized by RCW 28A.160.030 whose route stop is outside the walk area for a student's school, except if the student to be transported is disabled under RCW 28A.155.020 and is either not ambulatory or not capable of protecting his or her own welfare while traveling to or from the school or agency where special education services are provided, in which case no mileage distance restriction applies.
"Superintendent" means the superintendent of public instruction.
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"To and from school" means the transportation of students for the following purposes:
Transportation to and from route stops and schools;
Transportation to and from schools pursuant to an interdistrict agreement pursuant to RCW 28A.335.160;
Transportation of students between schools and learning centers for instruction specifically required by statute; and
Transportation of students with disabilities to and from schools and agencies for special education services.
Academic extended day transportation for the instructional program of basic education under RCW 28A.150.220 shall be considered part of transportation of students "to and from school" for the purposes of this section. Transportation for field trips may not be considered part of transportation of students "to and from school" under this section.
"Transportation services" for students living within the walk area includes the coordination of walk-to-school programs, the funding of crossing guards, and matching funds for local and state transportation projects intended to mitigate hazardous walking conditions. Priority for transportation services shall be given to students in grades kindergarten through five.
As used in this section, "walk area" means that area around a school with an adequate roadway configuration to provide students access to school with a walking distance of less than one mile. Mileage must be measured along the shortest roadway or maintained public walkway where hazardous conditions do not exist. The hazardous conditions must be documented by a process established in rule by the superintendent of public instruction and must include roadway, environmental, and social conditions. Each elementary school shall identify walk routes within the walk area.
This section modifies existing section 28A.300.042. Here is the modified chapter for context.
The superintendent of public instruction must collect and school districts must submit all student-level data using the United States department of education 2007 race and ethnicity reporting guidelines, including the subracial and subethnic categories within those guidelines, with the following modifications:
Further disaggregation of the Black category to differentiate students of African origin and students native to the United States with African ancestors;
Further disaggregation of countries of origin for Asian students;
Further disaggregation of the White category to include subethnic categories for Eastern European nationalities that have significant populations in Washington; and
For students who report as multiracial, collection of their racial and ethnic combination of categories.
Beginning with the 2017-18 school year, school districts shall collect student-level data as provided in subsection (1) of this section for all newly enrolled students, including transfer students. When the students enroll in a different school within the district, school districts shall resurvey the newly enrolled students for whom subracial and subethnic categories were not previously collected. School districts may resurvey other students.
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, highly capable, 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).
All student data-related reports prepared by the superintendent of public instruction regarding student suspensions and expulsions as required under this title are subject to disaggregation by subgroups including:
Gender;
Foster care;
Homeless, if known;
School district;
School;
Grade level;
Behavior infraction code, including:
Bullying;
Tobacco;
Alcohol;
Illicit drug;
Fighting without major injury;
Violence without major injury;
Violence with major injury;
Possession of a weapon; and
ix. Other behavior resulting from a short-term or long-term suspension, expulsion, or interim alternative education setting intervention;
Intervention applied, including:
Short-term suspension;
Long-term suspension;
Emergency expulsion;
Expulsion;
Interim alternative education settings;
No intervention applied; and
Other intervention applied that is not described in this subsection (4)(h);
i. Number of days a student is suspended or expelled, to be counted in half or full days; and
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:
School and district;
Race, low income, highly capable, 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;
Behavior infraction code; and
Intervention applied.
The K-12 data governance group shall develop the data protocols and guidance for school districts in the collection of data as required under this section, and the office of the superintendent of public instruction shall modify the statewide student data system as needed. The office of the superintendent of public instruction shall also incorporate training for school staff on best practices for collection of data under this section in other training or professional development related to data provided by the office.