WSR 06-14-028

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 27, 2006, 11:40 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-19-137.

Title of Rule and Other Identifying Information: Chapter 392-170 WAC, Special services programs for highly capable students.

Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, on August 9, 2006, at 10:00 a.m.-11:00 p.m.

Date of Intended Adoption: September 6, 2006.

Submit Written Comments to: Gayle Pauley, Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail gpauley@ospi.wednet.edu, fax (360) 586-3305, by July 28, 2006.

Assistance for Persons with Disabilities: Contact Dodie Richter by July 17, 2006, TTY (360) 664-3631 or (360) 725-6194.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules need to be clarified and added according to RCW 28A.185.050. There are not substantial changes overall. Changes reflect RCW requirements to add a program evaluation and monitoring.

Reasons Supporting Proposal: Required changes under RCW 28A.185.050.

Statutory Authority for Adoption: RCW 28A.300.070.

Rule is not necessitated by federal law, federal or state court decision.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Chapter 392-170 WAC is being amended to meet state legislated requirements and to clarify specific sections. The clarifications are made to explain the following:

1. What information must be included in the HCP application.

2. Clarify what "plan" means.

3. Add WAC 392-170-087 Program review and monitoring, as required under RCW 28A.185.050.

Name of Proponent: Gayle Pauley, Director Title I/LAP & Title V, governmental.

Name of Agency Personnel Responsible for Drafting: Gayle Pauley, Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6100; Implementation: Bob Harmon, Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6170; and Enforcement: Terry Bergeson, Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6004.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No additional costs to rule changes are anticipated.

A cost-benefit analysis is not required under RCW 34.05.328. No additional costs to rule changes are anticipated.

June 14, 2006

Dr. Terry Bergeson

State Superintendent

of Public Instruction

OTS-8257.1


AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-030   Substance of annual school district application.   The school district's annual application shall contain the following:

(1) Number of students to be served by grade level;

(2) Brief description of plan to identify students;

(3) Program ((goals)) services;

(4) Instructional program description; ((and))

(5) Professional development;

(6) Program evaluation and fiscal report; and

(7) Assurances signed by the school district's authorized representative that the district shall comply with all applicable statutes and regulations.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), 392-170-030, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 98-07, filed 5/20/98, effective 6/20/98)

WAC 392-170-078   Program services.   Education program ((services)) plans for each identified highly capable student or plans for a group of students with similar academic abilities shall be developed based on the results of the assessed academic need of that student or group of students. A variety of appropriate program services shall be made available. Once services are started, a continuum of services shall be provided and may include kindergarten through twelfth grade.

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), 392-170-078, filed 5/20/98, effective 6/20/98.]


NEW SECTION
WAC 392-170-087   Program review and monitoring.   In order to ensure that school districts are meeting the requirements of this chapter, the superintendent of public instruction shall monitor district programs no less than once every five years. Monitoring under this section may be conducted concurrently with other program reviews. The reviews shall monitor program components including:

(1) The process used by the district to identify highly capable students;

(2) Assessment data and other indicators to determine the degree to which districts are meeting the academic needs of identified students; and

(3) Highly capable program expenditures.

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Washington State Code Reviser's Office