WSR 05-08-011

EMERGENCY RULES

STATE BOARD OF EDUCATION


[ Filed March 28, 2005, 7:50 a.m. , effective March 28, 2005 ]


Purpose: All students entering a high school program in Washington state must be assigned a graduation year as required by Washington state administrative code and the federal No Child Left Behind Act. This rule change provides for the assignment of the graduation year for each student upon entering a high school program.

Citation of Existing Rules Affected by this Order: Amending WAC 180-51-035.

Statutory Authority for Adoption: Chapter 28A.230 RCW and RCW 28B.50.915.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest; and that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: This is needed as transcript changes have to be ready to use immediately and to satisfy the requirements of the federal No Child Left Behind Act.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 18, 2005.

March 24, 2005

Larry Davis

Executive Director

OTS-7979.1


AMENDATORY SECTION(Amending WSR 04-20-093, filed 10/5/04, effective 11/5/04)

WAC 180-51-035   Applicable standards for graduation for students under age twenty-one -- Applicable standards for graduation for students age twenty-one or older -- Amendments to this chapter.   (1) All students entering a high school program in Washington state shall be assigned an expected graduation year as required by federal law and this section. Once students are assigned a graduation year, they will be aligned to the requirements for that specific graduating class and subject to the provisions of this section.

(a) Students shall be assigned an expected graduation year based on the year they commence 9th grade, or for out-of-district and out-of-state transfer students, based on local district policy: Provided, That the expected graduation year for students receiving special education services shall be assigned and based on an Individualized Education Program (IEP) team determination in the year in which the student turns sixteen.

(b) Students shall have the right and the obligation to meet the minimum graduation requirements in place for their expected graduation year designated at the time they enter a district high school, regardless of what year they actually graduate.

(2) A student under age twenty-one shall have the right to graduate in accordance with the standards in effect for the school of graduation for any year since such student commenced the ninth grade or the equivalent of a four-year high school program and until the student turns age twenty-one.

(((2))) (3)(a) A student age twenty-one or older who earns a high school diploma through the adult high school completion option under WAC 180-51-053 shall be required to meet the state minimum graduation credit requirements under WAC 180-51-060 or 180-51-061, depending on when the student began their high school program. Such students shall not be required to meet the following state minimum graduation requirements under WAC 180-51-061: Certificate of academic achievement or certificate of individual achievement;

(b) The state board of education reserves the prerogative to determine if and when the waived requirements under (a) of this subsection shall be required to earn an adult high school completion diploma.

(((3))) (4) All subsequent amendments to this chapter and all subsequent local standards shall apply prospectively to the students who enter the ninth grade or begin the equivalent of a four-year high school program subsequent to the amendments.

[Statutory Authority: Chapter 28A.230 RCW and RCW 28B.50.915. 04-20-093, 180-51-035, filed 10/5/04, effective 11/5/04. Statutory Authority: RCW 28A.230.090. 00-19-108, 180-51-035, filed 9/20/00, effective 10/21/00. Statutory Authority: Chapter 28A.05 RCW. 84-11-049 (Order 7-84), 180-51-035, filed 5/17/84.]

Washington State Code Reviser's Office