Understanding and Addressing Legal Obstacles to Small School Operations in Washington State Kelly Warner-King and Mitch

1. Presentation to Small School Leaders Understanding and AddressingLegal Obstacles to Small School Operationsin Washington StateKelly Warner-King and Mitch Price

2. Introduction • The Gates Foundation asked us to: • Identify and analyze potential legal and policy obstacles to creation and operation of small high schools • Help small schools navigate the legal and policy landscape • Waivers • Alternatives within existing system • Provide resources and tools

3. Goals of Presentation • Provide summary of findings to date • Problematic state laws and regulations • Options for addressing obstacles • Solicit feedback from small school leaders • Other obstacles you have encountered • Examples from your experience • Suggestions for making guide more useful

4. Education Reform in Washington • 1993 Education Reform Act • Intent: transformation to performance-based system • State Board of Education Reform Vision • “State is shifting from a time and credit-based system of education to a standards and performance-based system.” • Long-term vision, requiring multi-year transition • Disconnect: education code and funding mechanisms not yet aligned with vision • System supports small schools in theory, but still operates based on traditional conception of high school • Flexibility exists in form of waivers and alternative provisions

5. Areas of law that we analyzed

6. Organization of Guide Five key attributes of successful small schools • Autonomy • Individualized and performance-based education • Teachers as generalists • Time for collaboration and professional development • Distinctive and focused For each attribute • Potential legal obstacles • Options for addressing the obstacles • Examples and resources Suggestions for state-level reforms

7. Autonomy “The greatest inhibitor to a small school’s ability to realize its potential is lack of autonomy.” • Potential Obstacles • Definition of “school” • WA policy on reporting Adequate Yearly Progress (AYP) • Collective bargaining agreements • What Small Schools Can Do • Ask: Is our small school a “school” for purposes of this law or policy? • Understand how AYP accountability affects your small school • Seek waivers from provisions of union contract • Tailor union contracts to small schools

8. Individualized and Performance-Based Education • Small schools provide individualized education and reward students for competence instead of seat time. • Potential Obstacles • Funding formulas based on student enrollment • Graduation requirements based on traditional credits • What Small Schools Can Do • Use Alternative Learning Experience WAC provision • Use other “alternative WAC” provisions • Alternative high school graduation requirements • Equivalency credit • Credit for work experience

9. Teachers as Generalists • For both pedagogical reasons and out of necessity, teachers need to be generalists first, and specialists second. • Potential Obstacles • “Highly Qualified” requirements for teachers of core academic subjects • Full state certification • Bachelor’s degree • Demonstrate competency in subject area

10. Teachers as Generalists (cont.) • What Small Schools Can Do • Use various options to help teachers demonstrate competence • Endorsement-Related Assignment Provision • HOUSSE Evaluation • Out-of-Endorsement Assignment Waivers • Conditional and Emergency Certification • If teachers don’t meet “highly qualified” requirements • Use parent notification requirement to highlight teacher qualifications • Consider other options • Team teaching • Dual certification • Training and professional development

11. Endorsement-Related Assignment Example • ENDORSEMENT MAY BE ASSIGNED TO TEACH • Physics Basic Mathematics • Pre-Algebra • Algebra • Pre-Calculus • Calculus • Environmental Science • Physical Science

12. Teachers as Generalists (cont.) • What Small Schools Can Do • Use various options to help teachers demonstrate competence • Endorsement-Related Assignment Provision • HOUSSE Evaluation • Out-of-Endorsement Assignment Waivers • Conditional and Emergency Certification • If teachers don’t meet “highly qualified” requirements • Use parent notification requirement to highlight teacher qualifications • Consider other options • Team teaching • Dual certification • Training and professional development

13. Time for Collaboration and Professional Development • Many small schools seek flexibility in the use of teachers’ time, to allow them to collaborate and engage in professional development. • Potential obstacles • Washington law sets requirements for: • Length of the school year • Length of the school day for teachers • Annual instructional hours • What small schools can do • 180-day school year waiver • 30 minutes before and after school waiver • 1,000 instructional hours waiver

14. Distinctive and Focused Successful small schools are distinctive and focused, rather than comprehensive. They do not try to be all things to all people. • Potential Obstacles • Accommodating special education students • Integrating Career and Technical Education • What Small Schools Can Do • Work with district special education department • Be creative in structuring and supporting CTE programs • Work with district to meet federal and state CTE course standards • Collaborate with community colleges and regional skill centers • Provide professional development for CTE teachers

15. Waiver Process • Waivers are granted by State Board • Application must come from district, not school • Resolution adopted by district board • Includes local “plan for restructuring” • Consider “super waiver” request • Renewal • Waivers typically expire after three years • Renewal request from district to State Board • Pros and Cons • Sample waiver applications

16. Summary of Waivers and Alternative WAC Provisions • State Board Waivers • 180-day school year • 30 minutes before and after school • 1,000 instructional hours • Out-of-endorsement assignment • District-granted • State Board-granted • Endorsement-related assignments • Alternative WAC provisions • Alternative learning experience • Alternative high school graduation requirements • Equivalency credit • Credit for work experience

17. Conclusions • Relationships are key • Need support of district and union to take advantage of flexibility in law “Policy by exception” • Laws and practices not aligned with reform vision • Waivers and alternative WACs provide flexibility, at a cost Suggestions for Systemic Reform • Work with OSPI and State Board on definition of “school” • Create a general secondary level endorsement for teachers • Create state performance-based graduation requirements • Create a set of small school WACs • Streamline the education code in support of performance-based education

18. Contact Information • Center on Reinventing Public Education • www.crpe.org • University of Washington • Daniel J. Evans Graduate School of Public Affairs • 324 Parrington Hall, Box 353055, Seattle, WA 98195 • Kelly Warner-King kwk@u.washington.edu • Mitch Price mprice1@u.washington.edu