SB 6282 — Concerning the development of individualized highly capable learning plans.

ENGROSSEDS-5161.1SENATE SUBSTITUTE SENATE BILL 6282State of Washington66th Legislature2020 Regular SessionBySenateSessionBySenators Early Learning & K-12 Education (originally sponsored by Senators Pedersen, Wellman, Kuderer, Salomon, Mullet, Carlyle, Hunt, Holy, Padden, Hawkins, Zeiger, Wagoner, and Das)READWagonerRead FIRSTfirst TIMEtime 02/05/20.AN01/14/20.Referred to Committee on Early Learning & K-12 Education.AN ACT Relating to the development of individualized highly capable transitionlearning plans;

The legislature recognizes that accelerated learning and enhanced instruction for highly capable students is considered part of basic education, and requiresmay that students be offeredachieved through a continuumvariety of highlyservice capabledelivery servicesmodels, inincluding gradescohort K-12.and noncohort models.

AcceleratedThis learningvariety requiresof accessservice delivery models allows school districts to acceleratedaddress curriculum,the advancedwide standards,range of instructional and fastersocial-emotional pacing.services needed for highly capable students.

EnhancedHowever, instructiongiven requiresthe thatunique thestructure acceleratedof curriculumeach bedistrict's offeredprogram, atthe greaterlegislature depthalso andrecognizes complexity,the andimpact to student learning that studentsoccurs receivewhen directschool instructiondistricts onchange thatservice K-12delivery curriculummodels, fromor educators.remove student access to a given model.

AcceleratedTherefore, learningthe andlegislature enhancedintends instructionto cancreate be achieved through a varietyprocess ofto deliveryprotect modelshighly andcapable instructionalstudent programming,services whichwhen grantsa school districtsdistrict theremoves flexibilitystudent necessaryaccess to addressthe acohort widemodel rangeprogram, ofor studentchanges needs.Thethe legislaturedistrict's furtherprogram recognizesto that there has been a longnoncohort historyservice ofdelivery inequitablemodel accessfor to highly capable services.instruction.NEW SECTION.  Sec.

Identification practices such as testing outside the school day or at locations other than a student's school and the use of testing instruments that are inaccessible to English language learners has had the effect of failing to identify highly capable students who reflect the racial and economic diversity of a school district's population.

The legislature encourages districts to reform their identification processes to address these inequities and improve access for all highly capable students.However, the legislature also recognizes the possible impact to student learning that may occur when school districts modify the delivery model of highly capable services.

Therefore, the legislature intends to create a process to protect highly capable student access to basic education when a school district substantially modifies the continuum of highly capable services provided.NEW SECTION.  Sec.

A new section is added to chapter 28A.185 RCW to read as follows:(1)follows:(1)(a) AWhen a school district maytransitions choosea to provide highly capable student from a cohort model of instruction usingto a varietynoncohort model of serviceinstruction, deliverythe models.school district must develop an individualized highly capable learning plan for that student in consultation with the student's parent or guardian.

However,(b)(i) ifThe a school district choosesmust todevelop make a substantial modification to the continuumindividualized of services provided to the highly capable studentslearning inplan ano schoollater orthan schoolthirty districtdays byafter transitioning the students to an alternative delivery model for highly capable instruction,student itto must develop a highlynoncohort capable program transition plan for the group of students affected.(2)(a) Within fifteen days of formalizing the decision to transition to an alternative delivery model for highly capable instruction, a school district must provide written notice to the parents and guardians of allinstruction highlywithin capable students that may be affected by the transition.classroom.

TheUpon noticecompletion, must include a summarycopy of the anticipatedindividualized programhighly changescapable andlearning anplan invitationmust be provided to participatethe instudent's publicteachers meetingsand regardingparent developmentor guardian and adoptionrecorded ofin the highlystudent's capableacademic programfile.(ii) transition plan.(b) Any school district required to retroactively develop aan individualized highly capable programlearning transition plan retroactively, pursuant to section 3 of this actact, must providefulfill noticesuch requirement within fifteenthirty days of the effective date of this section.(3)section.(c) WithinEach thirtyindividualized dayshighly aftercapable providinglearning writtenplan noticemust, toat parentsa andminimum, guardians,include the schoolfollowing districtinformation:(i) mustA holddescription aof publicthe meetinghighly tocapable solicitstudent's commentscurrent regardingservices developmentunder the cohort model including accelerated learning levels, instructional enhancement strategies and future expected course sequencing;(ii) A description of the services and transitional supports that the highly capable programstudent transitionwill plan.(4)receive Withinunder thirtythe daysnoncohort aftermodel, and how those services will provide the publicstudent meeting,with the schooleducational districtopportunities mustnecessary conveneto aaddress transitionthe teamstudent's tounique developneeds and capabilities, including learning disabilities or special needs;(iii) A personalized plan for how the highly capable programstudent's transitionprogress plan.will be measured in all subjects where the student is receiving accelerated learning and enhanced instruction;(iv) A process and timeline for evaluating whether the noncohort model is successfully providing a meaningful opportunity for progress similar to that expected under the cohort model;

Theand(v) transitionA teamprocess mustto bemodify appointed by the schoolindividualized board of directors, and include highly capable educators,learning parentsplan orif guardiansnecessary.(d) ofIf highlya capable students affected by the transition, and school district personnelfails whoto havedevelop experiencean administeringindividualized highly capable programs.(5)learning Withinplan thirtyfor daysa ofstudent convening,as therequired transitionunder teamthis mustsection, developor athe individualized highly capable programlearning transition plan thatdoes reflectsnot themeet comments received at the publicminimum meetingstandards andrequired thatunder contains,this atsection, a minimum, the followingstudent's information:(a)parent Aor descriptionguardian ofhas thea highlycause capableof program'saction current structure and services,may includingseek instructionalall enhancementremedies strategiesavailable andat processeslaw usedor toin addressequity.(2) For the uniquepurposes needs and capabilities of highlythis capablesection students, including those with learning disabilities and special needs;(b) A description of the servicesfollowing anddefinitions transitionalapply:(a) supports"Cohort thatmodel" highlymeans capablea students will receive under the alternative delivery model,model and how those services will provide students with equivalent or enhanced educational opportunities;(c) A plan for how the progress of all highly capable studentsstudent willinstruction bethat measuredprovides in subjects in which they are receiving accelerated learning and enhanced instruction;(d)instruction Ain process and timeline for evaluating whether the alternative delivery model is successfully providing a meaningfulself-contained opportunityenvironment foramong progressother similar to that expected under the current delivery model;(e) A process to solicit feedback from parents or guardians of highly capable students,students. at least once each year for two years following the introduction of the alternative delivery model, to determine if any modification to the delivery model is necessary;

and(f)(b) If"Individualized one of the reasons the district is changing the highly capable deliverylearning modelplan" ismeans toa address racial disparities within the program and increase access to educational opportunity for students of color, the transition plan mustdeveloped alsoby include a descriptionschool ofdistrict howdescribing the newservices modelthat will addressprovide racialaccelerated disparities,learning aand multiyearenhanced processinstruction, forin evaluatingconsultation whetherwith the newparents deliveryor modelguardians isof actually increasing access to the identified highly capable programstudent, forwhen studentsthe ofschool color,district andtransitions athat planstudent forfrom makinga adjustmentscohort ifmodel itof isinstruction not.(6)to Withina thirtynoncohort daysmodel of finalizinginstruction. the highly capable program transition plan, the school district must adopt the plan at an open public meeting.

Upon(c) adoption,"Noncohort themodel" schoolmeans district must publish the transition plan on the school district web site.(7) If a schooldelivery districtmodel failsfor to develop a highly capable program transition plan as required under this section or, if after one year, a student subjectinstruction to the transition plan is not continuing to make academic progress similar to the progress that hadprovides beenaccelerated madelearning underand theenhanced priorinstruction deliverywithin model,a thegeneral parenteducation orenvironment.NEW guardianSECTION.  Sec. of that highly capable student may request mediation with the school district.

If the parent requests mediation with the school district, the school district shall engage an independent mediator within thirty days, at the expense of the school district, to assist the parties in creating a mutually acceptable individual transition plan.(8) For the purposes of this section, "substantial modification" means modification to the continuum of highly capable services provided to a student, made without the consent of the student's parent or guardian, that significantly adjusts or disrupts the delivery of accelerated learning or enhanced instruction.

This may include, but is not limited to, moving a student from a cohort model of instruction to a noncohort model of instruction or disrupting a student's future expected course sequencing.NEW SECTION.  Sec.

This act applies retroactively to all transitions inof highly capable deliverystudents modelsfrom a cohort model of instruction to a noncohort model of instruction that occurred after January 1, 2019.--- END ---