Summary

Washington SB 5946 (Open States or Washington Legislature) makes changes to the Alternative Learning Experience (ALE) programs, defining three types of ALE courses and setting forth guidelines for how these courses should be administered and funded.

Legislative Analysis

Alternative Learning Experience (ALE) programs provide a way for students to be enrolled in public education without being required to meet the in-class seat-time requirements for regular instruction. They also provide a way for school districts to claim students enrolled in nontraditional programs for purposes of state funding.

Previously, there were three primary types of ALE programs identified in statute: online programs; parent partnership programs that include significant participation by parents in the design and implementation of the student’s learning; and contract-based learning. An online course was defined as one where 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 using an online learning management system.

SB 5946 replaces these three primary types of programs with definitions of three types of ALE courses (or grade-level coursework for elementary grades):

1. A site-based course is one where a student has in-person instructional contact for at least 20 percent of the total weekly time for the course.
2. A remote course is one where a student has in-person instructional contact for less than 20 percent of the total weekly time for the course, but is not an online course. There is no minimum in-person contact requirement for remote courses.
3. An online course has the same definition as before, with the additional stipulation that a certificated teacher has the primary responsibility for the student’s instructional interaction.

Instructional contact must be with a certificated teacher for the purpose of teaching, review of assignments, testing, evaluation, or other learning activities identified in the student’s learning plan. Instructional contact may occur in a group setting and may be delivered either in-person or remotely using technology.

High school ALE courses must meet district or state graduation requirements and be offered for credit. Beginning with the 2013-14 school year, school districts must denote the type of ALE course in the statewide student information system. From 2013-14 through 2016-17 school districts must pay costs associated with a biennial measure of student outcomes and financial audit of ALE courses conducted by the State Auditor’s Office.

Online programs may seek a waiver from the Office of Superintendent of Public Instruction (OSPI) to administer the state assessments for grades 3 through 8 on alternate days or an alternate schedule within the established testing period. The request may be denied if the proposal does not maintain adequate test security or would reduce the reliability of results by providing an inequitable advantage for some students.

Beginning with the 2013-14 school year, the OSPI must allocate funding for ALE courses based on the statewide annual average allocation for a high school student in general education, excluding any small high school enhancements.

A resident district must release a student wishing to enroll in another school district if the purpose is to enroll in an online learning program. A nonresident district may deny the transfer of a student who has repeatedly failed to comply with requirements for participation in an online learning program. A school district offering an ALE course to a nonresident student must inform the resident district if a student drops out or is no longer enrolled.

This legislation has a positive impact on digital learning by requiring that online courses be offered for credit, that student outcomes in online courses are measured, that students may apply to enroll in online programs based outside their district, and by possibly providing flexibility to online programs regarding state assessment administration. SB 5946 also requires financial support for ALE courses that is based on the statewide annual average allocation.

Legislative History

Detailed Vote History: Legiscan |  Open States

Approved, with partial veto, by Governor Jay Inslee on 6/30/2013