Text of WA SB 5462 (2024)

AN ACT Relating to promoting inclusive learning standards and 1 instructional materials in public schools; amending RCW 28A.150.230, 2 28A.320.230, 28A.655.070, 28A.710.040, and 28A.715.020; adding a new 3 section to chapter 28A.345 RCW; and creating a new section. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 5 NEW SECTION. Sec. 1. (1) The legislature recognizes that 6 Washington state law prohibits discrimination in public schools for 7 certain protected classes. The legislature also acknowledges that 8 school districts are required to adopt a policy related to the 9 selection or removal of instructional materials. Under state rule, 10 the instructional materials policy of each school district must 11 establish and use appropriate screening criteria to identify and 12 eliminate bias pertaining to protected classes. 13 (2) The legislature intends to expand these requirements by 14 requiring school districts to adopt policies and procedures that 15 incorporate selecting inclusive instructional materials that include 16 the histories, contributions, and perspectives of historically 17 marginalized and underrepresented groups. 18 (3) The legislature further recognizes that state law requires 19 the state learning standards to be periodically updated to 20 incorporate best practices in ethnic studies. The legislature intends 21 S-0688.1 SENATE BILL 5462 State of Washington 68th Legislature 2023 Regular Session By Senators Liias and C. Wilson p. 1 SB 5462 to build on this duty by directing the office of the superintendent 1 of public instruction, in consultation with the Washington state 2 LGBTQ commission, to review and update relevant state learning 3 standards to include the histories, contributions, and perspectives 4 of LGBTQ people. 5 (4) The legislature believes that promoting inclusive learning 6 standards and instructional materials will improve student 7 achievement, attendance, parent and family engagement, and other 8 dimensions that contribute to student success. 9 NEW SECTION. Sec. 2. A new section is added to chapter 28A.345 10 RCW to read as follows: 11 (1) By June 1, 2025, the Washington state school directors' 12 association, with the assistance of the office of the superintendent 13 of public instruction, must review and update a model policy and 14 procedure regarding course design, selection, and adoption of 15 instructional materials. 16 (2) The model policy and procedure must require that the school 17 board of directors will adopt inclusive curricula and select 18 inclusive, age-appropriate instructional materials that include the 19 histories, contributions, and perspectives of historically 20 marginalized and underrepresented groups including, but not limited 21 to: 22 (a) Native Americans and Native American tribes; 23 (b) People from various racial and ethnic backgrounds including, 24 but not limited to, African Americans, Hispanic Americans, Asian 25 Americans, and Pacific Islander Americans; 26 (c) Women; 27 (d) People from various socioeconomic statuses; 28 (e) People from various religious backgrounds; 29 (f) Immigrants and refugees; 30 (g) People with disabilities; 31 (h) People who are neurodiverse; 32 (i) People who are English learners or use sign language; and 33 (j) LGBTQ people as defined in RCW 43.114.010. 34 (3) By October 1, 2025, school districts must amend the policies 35 and procedures that are required under RCW 28A.320.230 to incorporate 36 all the elements described in this section. 37 (4) For the purposes of this section, "inclusive" means curricula 38 and instructional materials that create and sustain a sense of 39 p. 2 SB 5462 respect, belonging, safety, and attention to individual needs and 1 backgrounds that ensure the full access to engagement and 2 participation in available activities and opportunities. 3 Sec. 3. RCW 28A.150.230 and 2010 c 235 s 201 are each amended to 4 read as follows: 5 (1) It is the intent and purpose of this section to guarantee 6 that each common school district board of directors, whether or not 7 acting through its respective administrative staff, be held 8 accountable for the proper operation of their district to the local 9 community and its electorate. In accordance with the provisions of 10 ((Title 28A RCW)) this title, as now or hereafter amended, each 11 common school district board of directors shall be vested with the 12 final responsibility for the setting of policies ensuring quality in 13 the content and extent of its educational program and that such 14 program provide students with the opportunity to achieve those skills 15 which are generally recognized as requisite to learning. 16 (2) In conformance with the provisions of ((Title 28A RCW)) this 17 title, as now or hereafter amended, it shall be the responsibility of 18 each common school district board of directors to adopt policies to: 19 (a) Establish performance criteria and an evaluation process for 20 its superintendent, classified staff, certificated personnel, 21 including administrative staff, and for all programs constituting a 22 part of such district's curriculum. Each district shall report 23 annually to the superintendent of public instruction the following 24 for each employee group listed in this subsection (2)(a): (i) 25 Evaluation criteria and rubrics; (ii) a description of each rating; 26 and (iii) the number of staff in each rating; 27 (b) Determine the final assignment of staff, certificated or 28 classified, according to board enumerated classroom and program needs 29 and data, based upon a plan to ensure that the assignment policy: (i) 30 Supports the learning needs of all the students in the district; and 31 (ii) gives specific attention to high-need schools and classrooms; 32 (c) Provide information to the local community and its electorate 33 describing the school district's policies concerning hiring, 34 assigning, terminating, and evaluating staff, including the criteria 35 for evaluating teachers and principals; 36 (d) Determine the amount of instructional hours necessary for any 37 student to acquire a quality education in such district, in not less 38 p. 3 SB 5462 than an amount otherwise required in RCW 28A.150.220, or rules of the 1 state board of education; 2 (e) Determine the allocation of staff time, whether certificated 3 or classified; 4 (f) ((Establish final curriculum standards)) Adopt curricula 5 consistent with law, including section 2 of this act, and rules of 6 the superintendent of public instruction, relevant to the particular 7 needs of district students or the unusual characteristics of the 8 district, and ensuring a quality education for each student in the 9 district; and 10 (g) Evaluate teaching materials, including text books, teaching 11 aids, handouts, or other printed material, in public hearing upon 12 complaint by parents, guardians or custodians of students who 13 consider dissemination of such material to students objectionable. 14 Sec. 4. RCW 28A.320.230 and 1989 c 371 s 1 are each amended to 15 read as follows: 16 (1) Every board of directors, unless otherwise specifically 17 provided by law, shall((: 18 (1) Prepare)) prepare, negotiate, set forth in writing, and 19 adopt, policy relative to the selection or deletion of instructional 20 materials. Such policy shall: 21 (a) State the school district's goals and principles relative to 22 instructional materials; 23 (b) Include all the elements of the model policy and procedure 24 described in section 2 of this act; 25 (c) Delegate responsibility for the preparation and 26 recommendation of teachers' reading lists and specify the procedures 27 to be followed in the selection of all instructional materials 28 including textbooks; 29 (((c))) (d) Establish an instructional materials committee to be 30 appointed, with the approval of the school board, by the school 31 district's chief administrative officer((. This committee shall 32 consist of representative members of the district's professional 33 staff, including representation from the district's curriculum 34 development committees, and, in the case of districts which operate 35 elementary school(s) only, the educational service district 36 superintendent, one of whose responsibilities shall be to assure the 37 correlation of those elementary district adoptions with those of the 38 high school district(s) which serve their children. The committee may 39 p. 4 SB 5462 include parents at the school board's discretion: PROVIDED, That 1 parent members shall make up less than one-half of the total 2 membership of the committee; 3 (d) Provide for reasonable notice to parents of the opportunity 4 to serve on the committee and for terms of office for members of the 5 instructional materials committee)); and 6 (e) Provide a system for receiving, considering and acting upon 7 written complaints regarding instructional materials used by the 8 school district((; 9 (f) Provide free text books, supplies and other instructional 10 materials to be loaned to the pupils of the school, when, in its 11 judgment, the best interests of the district will be subserved 12 thereby and prescribe rules and regulations to preserve such books, 13 supplies and other instructional materials from unnecessary damage)). 14 (2)(a) The instructional materials committee established under 15 subsection (1) of this section shall consist of representative 16 members of the district's professional staff, including 17 representation from the district's curriculum development committees, 18 and, in the case of districts which operate elementary school(s) 19 only, the educational service district superintendent, one of whose 20 responsibilities shall be to assure the correlation of those 21 elementary district adoptions with those of the high school 22 district(s) which serve their children. The committee may include 23 parents at the school board's discretion: PROVIDED, That parent 24 members shall make up less than one-half of the total membership of 25 the committee. 26 (b) School districts must provide reasonable notice to parents of 27 the opportunity to serve on the committee and for terms of office for 28 members of the instructional materials committee. 29 (c) Recommendation of instructional materials shall be by the 30 district's instructional materials committee in accordance with 31 district policy described in subsection (1) of this section. Approval 32 or disapproval shall be by the local school district's board of 33 directors. Local school district's board of directors must determine 34 that the instructional materials committee made recommendations in 35 accordance with district policy adopted under subsection (1) of this 36 section before approving the recommendation. 37 (d) Districts may pay the necessary travel and subsistence 38 expenses for expert counsel from outside the district. In addition, 39 the committee's expenses incidental to visits to observe other 40 p. 5 SB 5462 districts' selection procedures may be reimbursed by the school 1 district. 2 (e) Districts may, within limitations stated in board policy, use 3 and experiment with instructional materials for a period of time 4 before general adoption is formalized. 5 (3) Within the limitations of board policy, a school district's 6 chief administrator may purchase instructional materials to meet 7 deviant needs or rapidly changing circumstances. 8 (((2))) (4) Every board of directors, unless otherwise 9 specifically provided by law, shall: 10 (a) Provide free textbooks, supplies, and other instructional 11 materials to be loaned to the students of the school, when, in its 12 judgment, the best interests of the district will be subserved 13 thereby and prescribe rules and regulations to preserve such books, 14 supplies, and other instructional materials from unnecessary damage; 15 and 16 (b) Establish a depreciation scale for determining the value of 17 texts which students wish to purchase. 18 Sec. 5. RCW 28A.655.070 and 2019 c 252 s 119 are each amended to 19 read as follows: 20 (1) The superintendent of public instruction shall develop state 21 learning standards that identify the knowledge and skills all public 22 school students need to know and be able to do based on the student 23 learning goals in RCW 28A.150.210, develop student assessments, and 24 implement the accountability recommendations and requests regarding 25 assistance, rewards, and recognition of the state board of education. 26 (2) The superintendent of public instruction shall: 27 (a) Periodically revise the state learning standards, as needed, 28 based on the student learning goals in RCW 28A.150.210. Goals one and 29 two shall be considered primary. To the maximum extent possible, the 30 superintendent shall integrate goal four and the knowledge and skill 31 areas in the other goals in the state learning standards; and 32 (b) Review and prioritize the state learning standards and 33 identify, with clear and concise descriptions, the grade level 34 content expectations to be assessed on the statewide student 35 assessment and used for state or federal accountability purposes. The 36 review, prioritization, and identification shall result in more focus 37 and targeting with an emphasis on depth over breadth in the number of 38 grade level content expectations assessed at each grade level. Grade 39 p. 6 SB 5462 level content expectations shall be articulated over the grades as a 1 sequence of expectations and performances that are logical, build 2 with increasing depth after foundational knowledge and skills are 3 acquired, and reflect, where appropriate, the sequential nature of 4 the discipline. The office of the superintendent of public 5 instruction, within seven working days, shall post on its website any 6 grade level content expectations provided to an assessment vendor for 7 use in constructing the statewide student assessment. 8 (3)(a) In consultation with the state board of education, the 9 superintendent of public instruction shall maintain and continue to 10 develop and revise a statewide academic assessment system in the 11 content areas of reading, writing, mathematics, and science for use 12 in the elementary, middle, and high school years designed to 13 determine if each student has mastered the state learning standards 14 identified in subsection (1) of this section. School districts shall 15 administer the assessments under guidelines adopted by the 16 superintendent of public instruction. The academic assessment system 17 may include a variety of assessment methods, including criterion- 18 referenced and performance-based measures. 19 (b) Effective with the 2009 administration of the Washington 20 assessment of student learning and continuing with the statewide 21 student assessment, the superintendent shall redesign the assessment 22 in the content areas of reading, mathematics, and science in all 23 grades except high school by shortening test administration and 24 reducing the number of short answer and extended response questions. 25 (c) By the 2014-15 school year, the superintendent of public 26 instruction, in consultation with the state board of education, shall 27 modify the statewide student assessment system to transition to 28 assessments developed with a multistate consortium, as provided in 29 this subsection: 30 (i) The assessments developed with a multistate consortium to 31 assess student proficiency in English language arts and mathematics 32 shall be administered beginning in the 2014-15 school year, and 33 beginning with the graduating class of 2020, the assessments must be 34 administered to students in the tenth grade. The reading and writing 35 assessments shall not be administered by the superintendent of public 36 instruction or schools after the 2013-14 school year. 37 (ii) The high school assessments in English language arts and 38 mathematics in (c)(i) of this subsection shall be used for the 39 p. 7 SB 5462 purposes of federal and state accountability and for assessing 1 student career and college readiness. 2 (d) The statewide academic assessment system must also include 3 the Washington access to instruction and measurement assessment for 4 students with significant cognitive challenges. 5 (4) If the superintendent proposes any modification to the state 6 learning standards or the statewide assessments, then the 7 superintendent shall, upon request, provide opportunities for the 8 education committees of the house of representatives and the senate 9 to review the assessments and proposed modifications to the state 10 learning standards before the modifications are adopted. 11 (5) The assessment system shall be designed so that the results 12 under the assessment system are used by educators as tools to 13 evaluate instructional practices, and to initiate appropriate 14 educational support for students who have not mastered the state 15 learning standards at the appropriate periods in the student's 16 educational development. 17 (6) By September 2007, the results for reading and mathematics 18 shall be reported in a format that will allow parents and teachers to 19 determine the academic gain a student has acquired in those content 20 areas from one school year to the next. 21 (7) To assist parents and teachers in their efforts to provide 22 educational support to individual students, the superintendent of 23 public instruction shall provide as much individual student 24 performance information as possible within the constraints of the 25 assessment system's item bank. The superintendent shall also provide 26 to school districts: 27 (a) Information on classroom-based and other assessments that may 28 provide additional achievement information for individual students; 29 and 30 (b) A collection of diagnostic tools that educators may use to 31 evaluate the academic status of individual students. The tools shall 32 be designed to be inexpensive, easily administered, and quickly and 33 easily scored, with results provided in a format that may be easily 34 shared with parents and students. 35 (8) To the maximum extent possible, the superintendent shall 36 integrate knowledge and skill areas in development of the 37 assessments. 38 p. 8 SB 5462 (9) Assessments for goals three and four of RCW 28A.150.210 shall 1 be integrated in the state learning standards and assessments for 2 goals one and two. 3 (10) The superintendent shall develop assessments that are 4 directly related to the state learning standards, and are not biased 5 toward persons with different learning styles, racial or ethnic 6 backgrounds, or on the basis of gender. 7 (11) The superintendent shall review available and appropriate 8 options for competency-based assessments that meet the state learning 9 standards. In accordance with the review required by this subsection, 10 the superintendent shall provide a report and recommendations to the 11 education committees of the house of representatives and the senate 12 by November 1, 2019. 13 (12) The superintendent shall consider methods to address the 14 unique needs of special education students when developing the 15 assessments under this section. 16 (13) The superintendent shall consider methods to address the 17 unique needs of highly capable students when developing the 18 assessments under this section. 19 (14) The superintendent shall post on the superintendent's 20 website lists of resources and model assessments in social studies, 21 the arts, and health and fitness. 22 (15) The superintendent shall integrate financial education 23 skills and content knowledge into the state learning standards 24 pursuant to RCW 28A.300.460(2)(d). 25 (16)(a) The superintendent shall notify the state board of 26 education in writing before initiating the development or revision of 27 the state learning standards under subsections (1) and (2) of this 28 section. The notification must be provided to the state board of 29 education in advance for review at a regularly scheduled or special 30 board meeting and must include the following information: 31 (i) The subject matter of the state learning standards; 32 (ii) The reason or reasons the superintendent is initiating the 33 development or revision; and 34 (iii) The process and timeline that the superintendent intends to 35 follow for the development or revision. 36 (b) The state board of education may provide a response to the 37 superintendent's notification for consideration in the development or 38 revision process in (a) of this subsection. 39 p. 9 SB 5462 (c) Prior to adoption by the superintendent of any new or revised 1 state learning standards, the superintendent shall submit the 2 proposed new or revised state learning standards to the state board 3 of education in advance in writing for review at a regularly 4 scheduled or special board meeting. The state board of education may 5 provide a response to the superintendent's proposal for consideration 6 prior to final adoption. 7 (17) The state board of education may propose new or revised 8 state learning standards to the superintendent. The superintendent 9 must respond to the state board of education's proposal in writing. 10 (18)(a) By December 1, 2024, the office of the superintendent of 11 public instruction, in consultation with the Washington state LGBTQ 12 commission, must review and update relevant state learning standards 13 at all grade levels to include the histories, contributions, and 14 perspectives of LGBTQ people. 15 (b) For the purposes of this subsection, "LGBTQ" has the same 16 meaning as in RCW 43.114.010. 17 Sec. 6. RCW 28A.710.040 and 2018 c 75 s 9 are each amended to 18 read as follows: 19 (1) A charter school must operate according to the terms of its 20 charter contract and the provisions of this chapter. 21 (2) A charter school must: 22 (a) Comply with local, state, and federal health, safety, 23 parents' rights, civil rights, and nondiscrimination laws applicable 24 to school districts and to the same extent as school districts, 25 including but not limited to chapter 28A.642 RCW (discrimination 26 prohibition) ((and)), chapter 28A.640 RCW (sexual equality), and 27 section 2 of this act (inclusive model policy and procedure); 28 (b) Provide a program of basic education, that meets the goals in 29 RCW 28A.150.210, including instruction in the essential academic 30 learning requirements, and participate in the statewide student 31 assessment system as developed under RCW 28A.655.070; 32 (c) Comply with the screening and intervention requirements under 33 RCW 28A.320.260; 34 (d) Employ certificated instructional staff as required in RCW 35 28A.410.025. Charter schools, however, may hire noncertificated 36 instructional staff of unusual competence and in exceptional cases as 37 specified in RCW 28A.150.203(7); 38 p. 10 SB 5462 (e) Comply with the employee record check requirements in RCW 1 28A.400.303; 2 (f) Adhere to generally accepted accounting principles and be 3 subject to financial examinations and audits as determined by the 4 state auditor, including annual audits for legal and fiscal 5 compliance; 6 (g) Comply with the annual performance report under RCW 7 28A.655.110; 8 (h) Be subject to the performance improvement goals adopted by 9 the state board of education under RCW 28A.305.130; 10 (i) Comply with the open public meetings act in chapter 42.30 RCW 11 and public records requirements in chapter 42.56 RCW; and 12 (j) Be subject to and comply with legislation enacted after 13 December 6, 2012, that governs the operation and management of 14 charter schools. 15 (3) Charter public schools must comply with all state statutes 16 and rules made applicable to the charter school in the school's 17 charter contract, and are subject to the specific state statutes and 18 rules identified in subsection (2) of this section. For the purpose 19 of allowing flexibility to innovate in areas such as scheduling, 20 personnel, funding, and educational programs to improve student 21 outcomes and academic achievement, charter schools are not subject 22 to, and are exempt from, all other state statutes and rules 23 applicable to school districts and school district boards of 24 directors. Except as provided otherwise by this chapter or a charter 25 contract, charter schools are exempt from all school district 26 policies. 27 (4) A charter school may not engage in any sectarian practices in 28 its educational program, admissions or employment policies, or 29 operations. 30 (5) Charter schools are subject to the supervision of the 31 superintendent of public instruction and the state board of 32 education, including accountability measures, to the same extent as 33 other public schools, except as otherwise provided in this chapter. 34 Sec. 7. RCW 28A.715.020 and 2013 c 242 s 3 are each amended to 35 read as follows: 36 (1) A school that is the subject of a state-tribal education 37 compact must operate according to the terms of its compact executed 38 in accordance with RCW 28A.715.010. 39 p. 11 SB 5462 (2) Schools that are the subjects of state-tribal education 1 compacts are exempt from all state statutes and rules applicable to 2 school districts and school district boards of directors, except 3 those statutes and rules made applicable under this chapter and in 4 the state-tribal education compact executed under RCW 28A.715.010. 5 (3) Each school that is the subject of a state-tribal education 6 compact must: 7 (a) Provide a curriculum and conduct an educational program that 8 satisfies the requirements of RCW 28A.150.200 through 28A.150.240 and 9 28A.230.010 through 28A.230.195; 10 (b) Employ certificated instructional staff as required in RCW 11 28A.410.010, however such schools may hire noncertificated 12 instructional staff of unusual competence and in exceptional cases as 13 specified in RCW 28A.150.203(7); 14 (c) Comply with the employee record check requirements in RCW 15 28A.400.303 and the mandatory termination and notification provisions 16 of RCW 28A.400.320, 28A.400.330, 28A.405.470, and 28A.405.475; 17 (d) Comply with nondiscrimination laws and the provisions of 18 section 2 of this act; 19 (e) Adhere to generally accepted accounting principles and be 20 subject to financial examinations and audits as determined by the 21 state auditor, including annual audits for legal and fiscal 22 compliance; and 23 (f) Be subject to and comply with legislation enacted after July 24 28, 2013, governing the operation and management of schools that are 25 the subject of a state-tribal education compact. 26 (4) No such school may engage in any sectarian practices in its 27 educational program, admissions or employment policies, or 28 operations. 29 (5) Nothing in this chapter may limit or restrict any enrollment 30 or school choice options otherwise available under ((Title 28A RCW)) 31 this title. 32 --- END --- p. 12 SB 5462

CERTIFICATION OF ENROLLMENT ENGROSSED SENATE BILL 5462 Chapter 157, Laws of 2024 68th Legislature 2024 Regular Session PUBLIC SCHOOLS—INCLUSIVE LEARNING STANDARDS AND INSTRUCTIONAL MATERIALS EFFECTIVE DATE: June 6, 2024 Passed by the Senate March 4, 2024 Yeas 28 Nays 20 DENNY HECK President of the Senate Passed by the House February 29, 2024 Yeas 56 Nays 37 LAURIE JINKINS Speaker of the House of Representatives CERTIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 5462 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary Approved March 18, 2024 3:25 PM FILED March 19, 2024 JAY INSLEE Governor of the State of Washington Secretary of State State of Washington AN ACT Relating to promoting inclusive learning standards and 1 instructional materials in public schools; amending RCW 28A.320.230 2 and 28A.655.070; adding a new section to chapter 28A.345 RCW; adding 3 new sections to chapter 28A.300 RCW; creating a new section; and 4 providing an expiration date. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 6 NEW SECTION. Sec. 1. (1) The legislature recognizes that 7 Washington state law prohibits discrimination in public schools for 8 certain protected classes. The legislature also acknowledges that 9 school districts are required to adopt a policy related to the 10 selection or removal of instructional materials. Under state rule, 11 the instructional materials policy of each school district must 12 establish and use appropriate screening criteria to identify and 13 eliminate bias pertaining to protected classes. 14 (2) The legislature intends to expand these requirements by 15 requiring school districts to adopt policies and procedures that 16 incorporate adopting inclusive curricula and selecting inclusive 17 instructional materials that include the histories, contributions, 18 and perspectives of historically marginalized and underrepresented 19 groups. The legislature recognizes that inclusive curricula have been 20 shown to often improve the mental health, academic performance, 21 ENGROSSED SENATE BILL 5462 AS AMENDED BY THE HOUSE Passed Legislature - 2024 Regular Session State of Washington 68th Legislature 2023 Regular Session By Senators Liias, C. Wilson, Kuderer, Lovelett, Nguyen, Pedersen, Randall, Saldaña, and Valdez Read first time 01/19/23. Referred to Committee on Early Learning & K-12 Education. p. 1 ESB 5462.SL attendance rates, and graduation rates of historically marginalized 1 and underrepresented communities. Research on students' sense of 2 belonging and community in the school setting confirms that inclusive 3 curricula and learning environments contribute to increased school 4 motivation, participation, and achievement. 5 (3) The legislature intends to promote culturally and 6 experientially representative learning opportunities for all students 7 by directing the office of the superintendent of public instruction, 8 when revising or developing state learning standards, to screen for 9 inappropriate bias in the proposed state learning standards and to 10 ensure that the histories, contributions, and perspectives of 11 historically marginalized and underrepresented peoples and 12 communities are included in the standards. 13 (4) The legislature believes that promoting inclusive learning 14 standards, curricula, and instructional materials will improve 15 student achievement, attendance, parent and family engagement, and 16 other dimensions that contribute to student success. 17 NEW SECTION. Sec. 2. A new section is added to chapter 28A.345 18 RCW to read as follows: 19 (1) By June 1, 2025, the Washington state school directors' 20 association, with the assistance of the office of the superintendent 21 of public instruction, must review and update a model policy and 22 procedure regarding course design, selection, and adoption of 23 instructional materials. 24 (2) The model policy and procedure must require that school 25 district boards of directors, within available materials, adopt 26 inclusive curricula and select diverse, equitable, inclusive, age- 27 appropriate instructional materials that include the histories, 28 contributions, and perspectives of historically marginalized and 29 underrepresented groups including, but not limited to, people from 30 various racial, ethnic, and religious backgrounds, people with 31 differing learning needs, people with disabilities, LGBTQ people as 32 the term is defined in RCW 43.114.010, and people with various 33 socioeconomic and immigration backgrounds. 34 (3) The model policy and procedure must require that, in adopting 35 curricula and selecting instructional materials in accordance with 36 this section, school district boards of directors must seek curricula 37 and instructional materials that are as culturally and experientially 38 diverse as possible, recognizing that the availability of materials 39 p. 2 ESB 5462.SL that include the histories, contributions, and perspectives of 1 historically marginalized and underrepresented groups may vary. 2 (4) By October 1, 2025, school district boards of directors must 3 amend the policy and procedures required under RCW 28A.320.230 to 4 conform with the model policy and procedure required by this section. 5 Additionally, by October 1, 2025, charter school boards and schools 6 subject to state-tribal education compacts must adopt or amend their 7 policies and procedures governing curricula adoption and the 8 selection of instructional materials to conform with the model policy 9 and procedure required by this section. For the purpose of 10 documenting compliance with this section and assisting school 11 districts in accordance with section 6 of this act, school district 12 boards of directors, within 10 days of completing the policy and 13 procedure updates required by this subsection (4), shall provide 14 notice of the completed actions and electronic copies of the 15 applicable policies and procedures to the office of the 16 superintendent of public instruction. 17 (5) This section governs school operation and management under 18 RCW 28A.710.040 and 28A.715.020, and applies to charter schools 19 established under chapter 28A.710 RCW and state-tribal education 20 compact schools subject to chapter 28A.715 RCW to the same extent as 21 it applies to school districts. 22 Sec. 3. RCW 28A.320.230 and 1989 c 371 s 1 are each amended to 23 read as follows: 24 Every board of directors, unless otherwise specifically provided 25 by law, shall: 26 (1) ((Prepare)) In accordance with section 2 of this act, 27 prepare, negotiate, set forth in writing and adopt, policy relative 28 to the selection or deletion of instructional materials. Such policy 29 shall: 30 (a) State the school district's goals and principles relative to 31 instructional materials; 32 (b) Delegate responsibility for the preparation and 33 recommendation of teachers' reading lists and specify the procedures 34 to be followed in the selection of all instructional materials 35 including text books; 36 (c) Establish an instructional materials committee to be 37 appointed, with the approval of the school board, by the school 38 district's chief administrative officer. This committee shall consist 39 p. 3 ESB 5462.SL of representative members of the district's professional staff, 1 including representation from the district's curriculum development 2 committees, and, in the case of districts which operate elementary 3 school(s) only, the educational service district superintendent, one 4 of whose responsibilities shall be to assure the correlation of those 5 elementary district adoptions with those of the high school 6 district(s) which serve their children. The committee may include 7 parents at the school board's discretion: PROVIDED, That parent 8 members shall make up less than one-half of the total membership of 9 the committee; 10 (d) Provide for reasonable notice to parents of the opportunity 11 to serve on the committee and for terms of office for members of the 12 instructional materials committee; 13 (e) Provide a system for receiving, considering and acting upon 14 written complaints regarding instructional materials used by the 15 school district; 16 (f) Provide free text books, supplies and other instructional 17 materials to be loaned to the pupils of the school, when, in its 18 judgment, the best interests of the district will be subserved 19 thereby and prescribe rules and regulations to preserve such books, 20 supplies and other instructional materials from unnecessary damage. 21 Recommendation of instructional materials shall be by the 22 district's instructional materials committee in accordance with 23 district policy. Approval or disapproval shall be by the local school 24 district's board of directors. 25 Districts may pay the necessary travel and subsistence expenses 26 for expert counsel from outside the district. In addition, the 27 committee's expenses incidental to visits to observe other districts' 28 selection procedures may be reimbursed by the school district. 29 Districts may, within limitations stated in board policy, use and 30 experiment with instructional materials for a period of time before 31 general adoption is formalized. 32 Within the limitations of board policy, a school district's chief 33 administrator may purchase instructional materials to meet deviant 34 needs or rapidly changing circumstances. 35 (2) Establish a depreciation scale for determining the value of 36 texts which students wish to purchase. 37 Sec. 4. RCW 28A.655.070 and 2019 c 252 s 119 are each amended to 38 read as follows: 39 p. 4 ESB 5462.SL (1) The superintendent of public instruction shall develop state 1 learning standards that identify the knowledge and skills all public 2 school students need to know and be able to do based on the student 3 learning goals in RCW 28A.150.210, develop student assessments, and 4 implement the accountability recommendations and requests regarding 5 assistance, rewards, and recognition of the state board of education. 6 (2) The superintendent of public instruction shall: 7 (a) Periodically revise the state learning standards, as needed, 8 based on the student learning goals in RCW 28A.150.210. Goals one and 9 two shall be considered primary. To the maximum extent possible, the 10 superintendent shall integrate goal four and the knowledge and skill 11 areas in the other goals in the state learning standards; ((and)) 12 (b) Include a screening for biased content in each development or 13 revision of a state learning standard and ensure that the concepts of 14 diversity, equity, and inclusion, as those terms are defined in RCW 15 28A.415.443, are incorporated into each new or revised state learning 16 standard. In meeting the requirements of this subsection (2)(b), the 17 superintendent of public instruction shall consult with the 18 applicable commissions established in Title 43 RCW and other persons 19 and organizations with relevant expertise; and 20 (c) Review and prioritize the state learning standards and 21 identify, with clear and concise descriptions, the grade level 22 content expectations to be assessed on the statewide student 23 assessment and used for state or federal accountability purposes. The 24 review, prioritization, and identification shall result in more focus 25 and targeting with an emphasis on depth over breadth in the number of 26 grade level content expectations assessed at each grade level. Grade 27 level content expectations shall be articulated over the grades as a 28 sequence of expectations and performances that are logical, build 29 with increasing depth after foundational knowledge and skills are 30 acquired, and reflect, where appropriate, the sequential nature of 31 the discipline. The office of the superintendent of public 32 instruction, within seven working days, shall post on its website any 33 grade level content expectations provided to an assessment vendor for 34 use in constructing the statewide student assessment. 35 (3)(a) In consultation with the state board of education, the 36 superintendent of public instruction shall maintain and continue to 37 develop and revise a statewide academic assessment system in the 38 content areas of reading, writing, mathematics, and science for use 39 in the elementary, middle, and high school years designed to 40 p. 5 ESB 5462.SL determine if each student has mastered the state learning standards 1 identified in subsection (1) of this section. School districts shall 2 administer the assessments under guidelines adopted by the 3 superintendent of public instruction. The academic assessment system 4 may include a variety of assessment methods, including criterion- 5 referenced and performance-based measures. 6 (b) Effective with the 2009 administration of the Washington 7 assessment of student learning and continuing with the statewide 8 student assessment, the superintendent shall redesign the assessment 9 in the content areas of reading, mathematics, and science in all 10 grades except high school by shortening test administration and 11 reducing the number of short answer and extended response questions. 12 (c) By the 2014-15 school year, the superintendent of public 13 instruction, in consultation with the state board of education, shall 14 modify the statewide student assessment system to transition to 15 assessments developed with a multistate consortium, as provided in 16 this subsection: 17 (i) The assessments developed with a multistate consortium to 18 assess student proficiency in English language arts and mathematics 19 shall be administered beginning in the 2014-15 school year, and 20 beginning with the graduating class of 2020, the assessments must be 21 administered to students in the tenth grade. The reading and writing 22 assessments shall not be administered by the superintendent of public 23 instruction or schools after the 2013-14 school year. 24 (ii) The high school assessments in English language arts and 25 mathematics in (c)(i) of this subsection shall be used for the 26 purposes of federal and state accountability and for assessing 27 student career and college readiness. 28 (d) The statewide academic assessment system must also include 29 the Washington access to instruction and measurement assessment for 30 students with significant cognitive challenges. 31 (4) If the superintendent proposes any modification to the state 32 learning standards or the statewide assessments, then the 33 superintendent shall, upon request, provide opportunities for the 34 education committees of the house of representatives and the senate 35 to review the assessments and proposed modifications to the state 36 learning standards before the modifications are adopted. 37 (5) The assessment system shall be designed so that the results 38 under the assessment system are used by educators as tools to 39 evaluate instructional practices, and to initiate appropriate 40 p. 6 ESB 5462.SL educational support for students who have not mastered the state 1 learning standards at the appropriate periods in the student's 2 educational development. 3 (6) By September 2007, the results for reading and mathematics 4 shall be reported in a format that will allow parents and teachers to 5 determine the academic gain a student has acquired in those content 6 areas from one school year to the next. 7 (7) To assist parents and teachers in their efforts to provide 8 educational support to individual students, the superintendent of 9 public instruction shall provide as much individual student 10 performance information as possible within the constraints of the 11 assessment system's item bank. The superintendent shall also provide 12 to school districts: 13 (a) Information on classroom-based and other assessments that may 14 provide additional achievement information for individual students; 15 and 16 (b) A collection of diagnostic tools that educators may use to 17 evaluate the academic status of individual students. The tools shall 18 be designed to be inexpensive, easily administered, and quickly and 19 easily scored, with results provided in a format that may be easily 20 shared with parents and students. 21 (8) To the maximum extent possible, the superintendent shall 22 integrate knowledge and skill areas in development of the 23 assessments. 24 (9) Assessments for goals three and four of RCW 28A.150.210 shall 25 be integrated in the state learning standards and assessments for 26 goals one and two. 27 (10) The superintendent shall develop assessments that are 28 directly related to the state learning standards, and are not biased 29 toward persons with different learning styles, racial or ethnic 30 backgrounds, or on the basis of gender. 31 (11) The superintendent shall review available and appropriate 32 options for competency-based assessments that meet the state learning 33 standards. In accordance with the review required by this subsection, 34 the superintendent shall provide a report and recommendations to the 35 education committees of the house of representatives and the senate 36 by November 1, 2019. 37 (12) The superintendent shall consider methods to address the 38 unique needs of special education students when developing the 39 assessments under this section. 40 p. 7 ESB 5462.SL (13) The superintendent shall consider methods to address the 1 unique needs of highly capable students when developing the 2 assessments under this section. 3 (14) The superintendent shall post on the superintendent's 4 website lists of resources and model assessments in social studies, 5 the arts, and health and fitness. 6 (15) The superintendent shall integrate financial education 7 skills and content knowledge into the state learning standards 8 pursuant to RCW 28A.300.460(2)(d). 9 (16)(a) The superintendent shall notify the state board of 10 education in writing before initiating the development or revision of 11 the state learning standards under subsections (1) and (2) of this 12 section. The notification must be provided to the state board of 13 education in advance for review at a regularly scheduled or special 14 board meeting and must include the following information: 15 (i) The subject matter of the state learning standards; 16 (ii) The reason or reasons the superintendent is initiating the 17 development or revision; and 18 (iii) The process and timeline that the superintendent intends to 19 follow for the development or revision. 20 (b) The state board of education may provide a response to the 21 superintendent's notification for consideration in the development or 22 revision process in (a) of this subsection. 23 (c) Prior to adoption by the superintendent of any new or revised 24 state learning standards, the superintendent shall submit the 25 proposed new or revised state learning standards to the state board 26 of education in advance in writing for review at a regularly 27 scheduled or special board meeting. The state board of education may 28 provide a response to the superintendent's proposal for consideration 29 prior to final adoption. 30 (17) The state board of education may propose new or revised 31 state learning standards to the superintendent. The superintendent 32 must respond to the state board of education's proposal in writing. 33 (18) The superintendent shall produce and post on its website a 34 schedule for the revision of state learning standards under 35 subsection (2) of this section by September 1, 2025. In addition to 36 notifying parents, schools, and the public of the revision schedules 37 and timelines, the website posting must be updated as necessary to 38 inform persons of the status of any pending revisions, and of any 39 p. 8 ESB 5462.SL plans or actions related to developing new state learning standards 1 under subsection (1) of this section. 2 NEW SECTION. Sec. 5. A new section is added to chapter 28A.300 3 RCW to read as follows: 4 (1) Subject to the availability of amounts appropriated for this 5 specific purpose, the office of the superintendent of public 6 instruction, in collaboration with the statewide association of 7 educational service districts, the legislative youth advisory council 8 established under RCW 43.15.095, and the Washington state school 9 directors' association, must create an open collection of educational 10 resources for inclusive curricula. The office of the superintendent 11 of public instruction must consult with the Washington state office 12 of equity established in RCW 43.06D.020 and any other relevant state 13 agencies when creating the open collection of educational resources. 14 (2) The open collection of educational resources must include 15 resources that include the histories, contributions, and perspectives 16 of historically marginalized and underrepresented groups. 17 NEW SECTION. Sec. 6. A new section is added to chapter 28A.300 18 RCW to read as follows: 19 (1) The office of the superintendent of public instruction shall, 20 as soon as is practicable, compile information received under section 21 2(4) of this act and, based on the received materials, prepare best 22 practices and other informative materials to support school 23 districts, charter schools, and state-tribal education compact 24 schools in meeting the requirements of section 2 of this act. 25 (2) This section expires June 30, 2028. 26 Passed by the Senate March 4, 2024. Passed by the House February 29, 2024. Approved by the Governor March 18, 2024. Filed in Office of Secretary of State March 19, 2024. --- END --- p. 9 ESB 5462.SL