ALE LEGISLATION

Welcome to the CVA legislative update page. Here you will find information about legislative and state agency activity as it pertains to Alternative Learning Experience (ALE) programs and especially CVA

Update 4/29/13:

The regular legislative session ended on April 28^th without passage of an omnibus budget and consequently Governor Jay Inslee will be calling legislators back on May 13^th for a 30-day special session. For Washington state families enrolled in ALE programs such as CVA, this means that there is still no determination on the future of ALE for the coming school year. The folks at CVA are working to provide a top-notch, completely online version of our program to ensure that all families still have access to a personalized and flexible option in public education, if the most extreme and detrimental version of the ALE proposals comes to pass. Until that determination is made, CVA will forge ahead with both our current, full catalog of curricular options as well as the completely online option. While legislators are on recess, we will be inviting them to our schools to share with them the stark realities of the impacts that ALE legislation would have on CVA’s program offerings. For details on the ALE legislation under consideration, see below.

Update 4/12/13:

There are only 16 days left in the 2013 Legislative Session and before lawmakers can adjourn for the year, they must first pass the State’s Operating Budget for the 2013-2015 biennium and deal with not only a $1.2 billion shortfall, but also uphold the state’s constitutional duty to fully fund education (likely dedicating at least $1 billion toward education funding in the wake of the McClearly decision).

Governor Jay Inslee, believing that $1.2 billion is needed for the state’s legally mandated education improvements, unveiled his budget priorities and proposed revenue-raising measures two weeks ago that would secure the $1.2 billion by closing tax exemptions and making permanent a handful of temporary tax increases, scheduled to sunset this June.

Following the Governor’s proposal release, the Senate unveiled and passed its budget last week that dedicates $1 billion toward McCleary funding without raising taxes or substantial revenues. The budget passed with a strong bipartisan vote of 30-18.

In contrast and answer to the Senate, the House released its budget on Wednesday that aligns more closely with the Governor’s budget proposals in terms of the need for taxes and revenues to dedicate $1.3 billion toward McCleary. The House plans to vote on its budget either today or tomorrow and then the long-awaited budget negotiations can begin with the hope that both chambers can agree on one final budget in a timely manner. There is always a likely possibility that the Governor could call a 30-day Special Session if the Legislature cannot come to an agreement by the end of Regular Session, scheduled for April 28^th.

SSB 5794 is the last bill standing that reforms ALE practices and is referenced in both the Senate and House budget proposals. The bill in its current form would redefine ALE categories to three different models, provide full funding for ALE and include standard choice provisions that CVA supports. If the bill were to be modified to reflect the House and Governor’s ALE reform proposals, then ALE programs would only receive funding if they meet one of the following criteria:

(1) the course identified in the student’s written student learning plan are all online courses; (2) the student has in-person, face-to-face instructional contact for at least twenty percent of the total weekly time for the course; or (3) at least ninety percent of the district’s total ALE headcount consists of students residing in district. (Language from the House proposal, pg. 138.)

CVA does not support the ALE reform proposals from the House and the Governor.

The House and Senate will include SSB 5794 in their budget negotiations and we continue to advocate for family choice in public education.

Update 3/8/2013:

Here’s a quick overview of where things stand with Alternative Learning Experience (ALE) bills currently under consideration in the Washington State legislature.

Currently, the Office of Superintendent of Public Instruction (OSPI) organizes ALEs by program. These ALE programs are called “contract-based,” “parent partnership,” or “online.” SB 5794 would change this. Instead, if SB 5794 passes, OSPI would organize by “course” rather than by program. Each ALE course would be categorized as “online,” “remote,” or “hybrid.” Here’s a quick rundown on how these categories are defined:

Remote
Student has in-person instructional contact time for less than 20% of the course per week.

Hybrid
Student has in-person instructional contact for at least 20% of the course per week.

Instructional contact:

• Face-to-face interaction with a certificated teacher
• Physical classroom environment
• For the purposes of instruction, review of assignments, evaluation, other learning activities
• Tied to WSLP (Written Student Learning Plan)
• Group setting

Online

• More than half of the course content is delivered electronically using the internet or other computer-based methods; and
• More than half of the teaching is conducted from a remote location through an online course learning management system or other online electronic tools; and
• (New section): The student’s primary instructional interaction is with a certificated teacher. (Instructional interaction between the teacher and the student includes, but in not limited to direct instruction, review of assignments, assessment, testing, progress monitoring and educational facilitation).

Shifting to a course-centric model makes sense and all activities CVA offers under the current organizational arrangement will still be allowed. Parent partnership programs can still be conducted using “remote” or “hybrid” courses, and online learning can still take place, but the primary interaction in an online course must take place between a certified teacher and the student (although the parent can still be highly involved).

Now, Rep. Haigh’s HB 1423 (separates online from ALE) has passed the House by a vote of 95-2 (1 excused). The bill passed in the substitute form that came out of committee and is up for a hearing in the Senate Early Learning & K-12 Education Committee on March 15^th at 8 a.m. The bill can be viewed here.

OSPI has testified that the agency is not really sure what separating online from ALE is all about or how two separate sets of rules will hurt. CVA agrees. Nevertheless, CVA supports many provisions of SHB 1423. For example, CVA supports the creation of a common statewide choice form process. HB 1423 contains this and other positive changes and clarifications to choice law.

Since SB 5794 (which passed the Senate) and HB 1423 both amend the same laws, one must prevail and the other must die. CVA supports the amendment of SB 5794 with the choice provisions of SHB 1423.

Update 3/7/2013:

SSB 5794, changing how ALE is categorized but not limiting who can be served, sponsored by Sen. Dammeier, passed the Senate last night (3/6/13) with a vote of 43 to 3. No amendments were made. The current summary report can be found here.

Update 3/4/2013:

HB 1423, Rep. Haigh’s bill to separate online learning from ALE, was pulled from the Rules Committee to the House Floor. This means it is moving. The ALE Reform Proposal, HB 1431, is currently not moving. However, its provisions can still come back in two ways: (1) In the form of amendments, or (2) It can come back to life late in the session because it has fiscal implications.

Sen. Dammeier’s ALE reform bill, SB 5794, was heard in the Ways & Means committee late Thursday evening and passed out on Friday afternoon. The committee adopted three amendments into the bill that did the following:

1. Strikes Sec. 2 from the substitute bill which contained duplicative language
2. Changes the Basic Ed Allocation from the unenhanced rate to the same rate as running start in grades 9-12
3. Changes the organization that is tasked with conducting the study from OSPI to OFM and expands the scope and number of participants included

Update 2/26/2013:

Friday, Feb. 22^nd marked the cutoff date for bills to pass out of committee or be considered dead for this legislative session (unless the bill is tied to the budget, in which case it could still move forward). By way of update on the bills listed in earlier posts below:

HB 1423 (in substitute form) passed out of the House Education Committee by a vote of 20-1 and was referred to the Rules committee on Friday afternoon. Here is the adopted amendment from Rep. Haigh.

The amendment does the following:

• Provides that a parent partnership program may “include” online courses, but that does not make them an online program as defined by law.
• Adds the definition to online that a teacher is responsible for instructional interaction.
• Removes the requirement that districts establish inter-local agreements for part-time students and instead requires OSPI to adopt rules for counting students enrolled in two districts.
• Removes the provision for a student enrolled in an online program to remain enrolled without having to reapply to transfer.

SSB 5794 passed out of the Senate Early Learning & K12 Committee and has now been referred to the Ways & Means Committee. SSB 5794 would modify the Alternative Learning Experience (ALE) program in several ways, restore funding for ALE to 100 percent of the basic education allocation, and would create an OSPI work group to review ALE funding and deliver a report by November 1, 2013.

• The bill follows the original bill based on OSPI’s proposal for ALE that would classify ALE as hybrid, online and remote. However, the amended bill would change these to ALE “courses” not programs, and would be available to students grades K-12.

HB 1431 did not make it out of committee, but there is speculation about whether elements of the bill could be incorporated as amendments to the other bills or still be brought forward on the basis of its stated fiscal impact.

Update 2/15/2013:

The following bills having to do with Alternative Learning Experience (ALE) programs in Washington State were heard in House Education Committee on Thursday, Feb. 14^th. Here is a quick summary of the hearings.

HB1423: Provides a single, consistent set of laws, rules, and procedures for schools and school districts offering online learning for students. In so doing, HB 1423 also makes online learning programs separate from ALE programs.

Testimony from seven representatives was offered in favor of HB 1423, although some expressed concerns. Most were appreciative of efforts to remove online learning programs from the definition of an Alternative Learning Experience (ALE) program. Areas of concern were the application of the bill to part-time online programs, questions about creating a new choice process and safeguards regarding sharing of FTE through an interlocal agreement. There was one testimony in opposition to the bill on the basis that it would create more confusion for districts with different process and rules for ALE and online programs. The Washington State School Directors’ Association (WSSDA) expressed support with few concerns that they will work with the sponsor and committee to address. Eight more representatives signed in support but did not testify.

HB 1431: Changing how ALE is categorized, who can be served and by what methods. In essence, it seeks to restructure ALE programs into three, grade-restricted categories:

• Hybrid (K-12): in-person, instructional contact time of at least 20 percent a week
• Online (6-12): adds to the definition that the course must also be taught by a certificated instructor
• Remote (9-12): less than 20 percent of contact time in a week at a physical building

The bill would eliminate all stipends to parents or guardians, and would prohibit schools from paying for experiences or services unless they were offered to all students in the exact manner. The bill is at the request of OSPI.

Testimony on HB1431 began with OSPI Superintendent Randy Dorn and Karl Nelson. OSPI acknowledged the need to restore full funding to ALE while balancing fiscal and academic accountability requirements with the needs of districts to provide flexible educational options for students. Nineteen parents and educational representatives testified—all but one in opposition. The elimination of online courses for K-5 students was the primary reason most opposed the bill. Others spoke quite passionately in favor of choice, asserting that this bill limits choice. The lone voice in support expressed concern that this bill does nothing for the “documentation problem.” WSSDA does not have a formal position but supports 100 percent funding for ALE and believes there are good ideas in the bill. Eight more representatives signed in opposition but did not testify; one signed in favor but did not testify.

The recording of the actual hearing can be found here:

House Education Cmte. held on Thursday February 14th 2013, 8:00AM
Public: HB 1423, HB 1431, HB 1765 Executive: HB 1248, HB 1252, HB 1304, HB 1283, HB 1397, HB 1293, HB 1336, HB 1369, HB 1472, HB 1177, HB 1560, HB 1178, HB 1452

Please click here to watch video or paste this URL into your browser address bar:
http://www.tvw.org/index.php?option=com_tvwplayer&eventID=2013021132

SB 5794: Changing how ALE is categorized but not limiting who can be served.

Following the hearing, news reached us of a new bill similar to HB 1431, but with some key differences, sponsored in the Senate by Sen. Dammeier, with bi-partisan support. While containing much of the language found in HB 1431, the Senate version does not limit ALE program access to any grade band. Instead, students in K-12 would have full access to any ALE course, whether Online, Remote or Hybrid. The Senate version also retains the “substantially similar” language requiring that field trips and other activities outside of the core subjects be similar in the ALE program to what is offered in the brick and mortar school. HB 1431 changes “substantially similar” to “the exact same manner.”

CVA will be looking into the potential impacts of all of this legislation on our program and providing our analysis as it becomes available. Please stay tuned.

OSPI Proposal to Change ALE Definitions and Funding Model

According to a presentation a representative from the Office of the Superintendent of Public Instruction (OSPI) made November 30^th, 2012 to the House Education Appropriations and Oversight Committee, OSPI is proposing to change the definitions of ALE program offerings and what will be funded and what will be cut. OSPI said that a “redesigned ALE” will:

• Improve fiscal and academic accountability
• Provide districts with flexibility to offer a variety of educational options to their students, especially at-risk students
• Reduce the administrative burden on school districts by tailoring the programmatic, documentation, and reporting requirements to each specific delivery model

Proposed ALE Models

*Exemptions for K-8 remote and K-5 online:

• Student has a documented health issue such that attendance at a physical school is not possible
• Temporary travel. See WAC 392-121-108 1(a).
• Discipline/suspension for middle school students