This act may be known and cited as the education equity in every zip code act or EEEZ act.
The legislature finds that too many children in our state remain trapped in a system where the quality of, and access to, their education is determined by their zip code. The onset of the COVID-19 pandemic, and the nearly year long school closures that resulted, have only exacerbated this unfairness. While the legislature, in addressing the McCleary decision, made inroads by increasing state funding for basic education and decreasing reliance on local levies, this progress was significantly undermined in 2019 when the legislature raised local levy authority by 67 percent, thus returning to greater reliance on local levies to fund education and the inherent inequities in such a funding system.
The legislature finds that it is appropriate and necessary to reduce the reliance on local levies in our school system and accordingly to significantly increase the state's basic education funding in ways that will address these funding and educational inequities. Eliminating a system where a child's quality of, and access to, education is tied to their zip code is the equity issue of our time and critical to our state's future and the future of our children.
This act makes permanent enhancements to the basic education funding formula that will increase equity including: Increasing special education funding; providing key student support staff, such as nurses and mental health counselors; lowering class sizes for vocational education classes and skills centers; and enhancing access to and funding for gifted education programs. Schools serving a high percentage of low-income students are aided with greater funding for the learning assistance program, and property-poor districts receive increased state funding for local effort assistance to alleviate inequities with their wealthier counterparts. These funding increases will lead to more level access across the state to critical and fundamental services for students.
The legislature further takes notice that the pandemic, and the nearly year long absence from in-person learning that occurred, has taken a significant toll on the academic progress of our children. The most recent state assessment found that only three in 10 students are at grade level in math and less than one in two are at grade level in English, both marked declines from prepandemic levels. The figures are significantly worse for lower-income, special education, and Native American, black, and Hispanic students. To remedy this and to get children back on track, this act proposes hundreds of millions in funding to districts over the upcoming school years to address the learning loss. Schools are incentivized to choose innovative methods including a balanced school calendar or increased instructional hours, to improve student performance.
The legislature intends with the education equity in every zip code act to remedy the infirmities in the present system and assist students, regardless of their zip code, to achieve their highest potential.
This section modifies existing section 28A.500.015. Here is the modified chapter for context.
Beginning in calendar year 2020 and each calendar year thereafter, the state must provide state local effort assistance funding to supplement school district enrichment levies as provided in this section.
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For an eligible school district with an actual enrichment levy rate that is less than $1.50 per $1,000 of assessed value in the school district, the annual local effort assistance funding is equal to the school district's maximum local effort assistance multiplied by a fraction equal to the school district's actual enrichment levy rate divided by $1.50 per $1,000 of assessed value in the school district.
For an eligible school district with an actual enrichment levy rate that is equal to $1.50 per $1,000 of assessed value in the school district, the annual local effort assistance funding is equal to the school district's maximum local effort assistance.
Beginning in calendar year 2022, for state-tribal education compact schools established under chapter 28A.715 RCW, the annual local effort assistance funding is equal to the actual enrichment levy per student as calculated by the superintendent of public instruction for the previous year for the school district in which the state-tribal education compact school is located, up to a maximum per student amount of $2,000 as increased by inflation from the 2019 calendar year, multiplied by the student enrollment of the state-tribal education compact school in the prior school year.
d.
i. **Beginning in calendar year 2023, for charter schools established under chapter 28A.710 RCW, the annual local effort assistance funding is equal to the actual enrichment levy per student as calculated by the superintendent of public instruction for the previous year for the school district in which the charter school is located, up to a maximum per student amount of $2,000 as increased by inflation from the 2019 calendar year, multiplied by the student enrollment of the charter school in the prior school year.**
ii. **The legislature must appropriate annual local effort assistance funds for charter schools from the Washington opportunity pathways account in accordance with RCW 28A.710.270.**
The state local effort assistance funding provided under this section is not part of the state's program of basic education deemed by the legislature to comply with the requirements of Article IX, section 1 of the state Constitution.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Eligible school district" means a school district where the amount generated by a levy of $1.50 per $1,000 of assessed value in the school district, divided by the school district's total student enrollment in the prior school year, is less than the state local effort assistance threshold.
For the purpose of this section, "inflation" means, for any school year, the rate of the yearly increase of the previous calendar year's annual average consumer price index for all urban consumers, Seattle area, using the official current base compiled by the bureau of labor statistics, United States department of labor.
"Maximum local effort assistance" means the difference between the following:
The school district's actual prior school year enrollment multiplied by the state local effort assistance threshold; and
The amount generated by a levy of $1.50 per $1,000 of assessed value in the school district.
"Prior school year" means the most recent school year completed prior to the year in which the state local effort assistance funding is to be distributed.
"State local effort assistance threshold" means $2,000 per student, increased for inflation beginning in calendar year 2020.
"Student enrollment" means the average annual full-time equivalent student enrollment.
For districts in a high/nonhigh relationship, the enrollments of the nonhigh students attending the high school shall only be counted by the nonhigh school districts for purposes of funding under this section.
For school districts participating in an innovation academy cooperative established under RCW 28A.340.080, enrollments of students attending the academy shall be adjusted so that each participant district receives its proportional share of student enrollments for purposes of funding under this section.
This section adds a new section to an existing chapter 28A.150. Here is the modified chapter for context.
The office of the superintendent of public instruction shall provide supplemental allocations to each school district, charter school, or state-tribal education compact school that implements a year-round school calendar in an amount equal to the school district's or school's base allocation per full-time equivalent student, multiplied by the school district's or school's annual average full-time equivalent student enrollment, multiplied by 0.05.
For purposes of this section, a year-round school calendar is a calendar that provides instructional days over the course of a 12-month period.
This section adds a new section to an existing chapter 28A.300. Here is the modified chapter for context.
The superintendent of public instruction shall provide learning loss grants to each school district, charter school, and state-tribal education compact school to address learning loss from the COVID-19 pandemic.
Learning loss grants must be provided in the following amounts:
In the 2022-23 school year, $564 multiplied by the school district's, charter school's, or state-tribal education compact school's average annual full-time equivalent student enrollment in the prior school year; and
In the 2023-24 school year, $282 multiplied by the school district's, charter school's, or state-tribal education compact school's average annual full-time equivalent student enrollment in the prior school year.
Learning loss grants may be used to:
Assess and identify student learning and well-being gaps;
Provide accelerated learning opportunities that address student learning and well-being gaps, which may include adopting a year-round school calendar, providing additional school days, or providing additional instructional time;
Assist students in meeting grade level expectations, meeting graduation requirements, or increasing assessment performance; and
Provide student well-being supports and extracurricular activities.
This section modifies existing section 28A.150.390. Here is the modified chapter for context.
The superintendent of public instruction shall submit to each regular session of the legislature during an odd-numbered year a programmed budget request for special education programs for students with disabilities. Funding for programs operated by local school districts shall be on an excess cost basis from appropriations provided by the legislature for special education programs for students with disabilities and shall take account of state funds accruing through RCW 28A.150.260 (4)(a), (5), (6), and (8) and 28A.150.415.
The excess cost allocation to school districts shall be based on the following:
A school district's annual average headcount enrollment of students ages three and four and those five year olds not yet enrolled in kindergarten who are eligible for and receiving special education, multiplied by the school district's base allocation per full-time equivalent student, multiplied by 1.15;
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(A) In the 2019-20 school year, 0.995 for students eligible for and receiving special education.
(B) Beginning in the 2020-21 school year, either:
(I) 1.0075 for students eligible for and receiving special education and reported to be in the general education setting for eighty percent or more of the school day; or
(II) 0.995 for students eligible for and receiving special education and reported to be in the general education setting for less than eighty percent of the school day.
ii. If **a school district has an average annual full-time equivalent basic education enrollment of 500 or more students and its** enrollment percent exceeds **15** percent, the excess cost allocation calculated under (b)(i) of this subsection must be adjusted by multiplying the allocation by **15** percent divided by the enrollment percent.
As used in this section:
"Base allocation" means the total state allocation to all schools in the school district generated by the distribution formula under RCW 28A.150.260 (4)(a), (5), (6), and (8) and the allocation under RCW 28A.150.415, to be divided by the school district's full-time equivalent enrollment.
"Basic education enrollment" means enrollment of resident students including nonresident students enrolled under RCW 28A.225.225 and students from nonhigh districts enrolled under RCW 28A.225.210 and excluding students residing in another school district enrolled as part of an interdistrict cooperative program under RCW 28A.225.250.
"Enrollment percent" means the school district's resident annual average enrollment of students who are eligible for and receiving special education, excluding students ages three and four and those five year olds not yet enrolled in kindergarten and students enrolled in institutional education programs, as a percent of the school district's annual average full-time equivalent basic education enrollment.
This section modifies existing section 28A.185.020. Here is the modified chapter for context.
The legislature finds that, for highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. There are multiple definitions of highly capable, from intellectual to academic to artistic. The research literature strongly supports using multiple criteria to identify highly capable students, and therefore, the legislature does not intend to prescribe a single method. Instead, the legislature intends to allocate funding based on 7.0 percent of each school district's population and authorize school districts to identify through the use of multiple, objective criteria those students most highly capable and eligible to receive accelerated learning and enhanced instruction in the program offered by the school district. District practices for identifying the most 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.
Supplementary funds provided by the state for the program for highly capable students under RCW 28A.150.260 shall be categorical funding to provide services to highly capable students as determined by a school district under RCW 28A.185.030.
This section modifies existing section 28A.400.007. Here is the modified chapter for context.
In addition to the staffing units in RCW 28A.150.260, the superintendent of public instruction must provide school districts with allocations for the following staff units if and to the extent that funding is specifically appropriated and designated for that category of staffing unit in the omnibus operating appropriations act.
Elementary School
Middle School
High School
Principals, assistant principals, and other certificated building-level administrators
0.0470
0.0470
0.0200
Teacher-librarians, a function that includes information literacy, technology, and media to support school library media programs
0.3370
0.4810
0.4770
Teaching assistance, including any aspect of educational instructional services provided by classified employees
1.0640
0.3000
0.3480
Office support and other noninstructional aides
0.9880
1.1750
0.2310
Custodians
0.0430
0.0580
0.0350
Physical, social, and emotional support staff:
Classified staff providing student and staff safety
0.0000
0.6080
1.1590
Parent involvement coordinators
0.9175
1.0000
1.0000
b. Additional certificated instructional staff units sufficient to achieve the following reductions in class size in each level of prototypical school under RCW 28A.150.260:
General education
certificated instructional
staff units sufficient to
achieve class size reduction of:
Grades K-3 class size0.00
Grade 42.00
Grades 5-62.00
Grades 7-83.53
Grades 9-123.74
High poverty
certificated instructional
staff units sufficient to
achieve class size reduction of:
Grades K-3 class size2.00
Grade 45.00
Grades 5-64.00
Grades 7-85.53
Grades 9-125.74