WSR 06-15-039

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed July 10, 2006, 10:46 a.m. ]

Title of Rule and Other Identifying Information: Chapter 180-95 WAC, Education centers.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Marcia Riggers, Office of the Superintendent of Public Instruction (OSPI), 600 Washington Street S.E., Olympia, WA 98504 , AND RECEIVED BY September 18, 2006.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed changes to chapter 180-95 WAC is to make appropriate agency name changes to be consistent with chapter 28A.205 RCW.

Statutory Authority for Adoption: Chapter 180-95 WAC.

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

Name of Proponent: [OSPI], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Marcia Riggers, OSPI, (360) 725-6175.

July 6, 2006

Marty Daybell

Deputy Superintendent

OTS-9005.1


AMENDATORY SECTION(Amending Order 4-94, filed 1/19/94, effective 2/19/94)

WAC 180-95-010   Definitions.   The following definitions shall apply to terms used in this chapter:

(1) "Education center" shall mean a private educational institution certified by the ((state board of education)) superintendent of public instruction which employs a clinical, client-centered approach and is devoted to (a) teaching the basic academic skills including specific attention to improvement of student motivation for achieving and (b) employment orientation: Provided, That no education center certified by the ((state board of education)) superintendent of public instruction pursuant to this section shall be deemed a common school under RCW 28A.150.020 or a private school for the purposes of RCW 28A.195.010 through 28A.195.050((, or proprietary school under chapter 18.82 RCW)).

(2) "Basic academic skills" shall mean the study of mathematics, speech, language, reading and composition, science, history, literature and political science or civics; it shall not include courses of a vocational training nature and courses deemed nonessential to the accrediting of common schools or the approval of private schools under RCW 28A.305.130.

(3) "A clinical, client-centered basis" shall mean an approach to education which includes the individual diagnosis of the person's educational abilities, determining and setting of individual goals, prescribing and providing individual programs of instruction, and evaluating the individual student's progress in his or her educational program.

(4) "Individual diagnostic procedure" shall mean the individual assessment by a certified teacher, or when deemed necessary, by a psychometrist, psychologist, and/or another professional who is appropriately certificated or licensed to conduct specific diagnostic evaluations and to prescribe an individual educational and instructional program in conjunction with the teacher, student, parents, and others as necessary.

(5) "General educational development (GED) tests" shall mean that battery of tests designed and published by the GED testing service of the American council on education to measure the major outcomes and concepts generally associated with four years of high school education. Each GED testing center must have a current contract with the American council on education and be authorized by the state ((superintendent of public instruction)) board for community and technical colleges.

(6) "Educational gain" shall mean (a) measurable increases in the student's achievement, (b) increased motivation for achieving, and/or (c) increased knowledge and skills relevant to employment orientation as defined in (8) below: Provided, That consideration is given to the student's background in determining the extent of such gain.

(7) "Eligible common school dropout" shall be defined as set forth in WAC 392-185-010(2).

(8) "Employment orientation" shall normally include, but not be restricted to instruction and practical experience in the following areas: Job applications, interview techniques, expectations for attendance and production, learning to translate skills and abilities in terms of job needs, examination by the student of job descriptions and exploration of the student's ability to fulfill the job needs.

[Statutory Authority: RCW 28A.410.010. 94-03-103 (Order 4-94), 180-95-010, filed 1/19/94, effective 2/19/94. Statutory Authority: 1990 c 33. 90-17-009, 180-95-010, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120. 78-03-014 (Order 2-78), 180-95-010, filed 2/8/78.]


AMENDATORY SECTION(Amending Order 4-94, filed 1/19/94, effective 2/19/94)

WAC 180-95-020   Criteria for certification of education centers.   To be certified as an education center, a private educational institution must apply to the ((state board of education)) superintendent of public instruction and provide evidence that it:

(1) Qualifies under the definition set forth in WAC 180-95-010(1).

(2) Offers instruction in the basic academic skills as defined in WAC 180-95-010(2) and employment orientation as defined in WAC 180-95-010(8).

(3) Employs, for purposes of diagnosing and instructing students, professionally trained personnel who meet requirements for certification set forth in chapters 180-80 and/or 180-84 WAC: Provided, That for specific diagnostic evaluations, a professional who is otherwise appropriately licensed does not have to meet certification requirements.

(4) Operates on a clinical, client-centered basis as defined in WAC 180-95-010(3).

(5) Conducts individualized diagnosis and instruction which includes as a minimum:

(a) Consideration by qualified personnel of the student's achievement, abilities, interests, and aptitudes;

(b) Delineation of individual learning objectives and education and/or employment goals;

(c) Development and implementation of curriculum and instruction appropriate to diagnosed needs and specified objectives and goals;

(d) Provision for evaluation of the student's progress toward and attainment of learning objectives and education and/or employment goals.

(6) Produces educational gains in students which relate directly to the individual learning objectives and educational and/or employment goals established for the student.

(7) Maintains accurate and complete financial and personnel records.

(8) Is financially sound and capable of fulfilling its educational commitment, i.e., that it has definite and certain resources to meet its current obligations.

[Statutory Authority: RCW 28A.410.010. 94-03-103 (Order 4-94), 180-95-020, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.120. 78-03-014 (Order 2-78), 180-95-020, filed 2/8/78.]


AMENDATORY SECTION(Amending Order 4-94, filed 1/19/94, effective 2/19/94)

WAC 180-95-030   Application procedures for certification as an education center.   A private educational institution shall apply for certification to the ((state board of education)) superintendent of public instruction on a form provided by the ((state board of education)) superintendent of public instruction. The ((state board of education)) superintendent of public instruction or its designee(s) shall determine by ((on-site visitation and)) documentary evidence submitted by the applicant whether all criteria set forth in WAC 180-95-020 are satisfied. The ((state board of education)) superintendent of public instruction shall notify the applicant institution of its certification status within ten weeks after the date ((state board of education)) superintendent of public instruction receives a completed application.

[Statutory Authority: RCW 28A.410.010. 94-03-103 (Order 4-94), 180-95-030, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.120. 78-03-014 (Order 2-78), 180-95-030, filed 2/8/78.]


AMENDATORY SECTION(Amending Order 4-94, filed 1/19/94, effective 2/19/94)

WAC 180-95-040   Length of certification.   A private educational institution shall be certified as an education center by the ((state board of education)) superintendent of public instruction for no more than three years and shall report annually any changes relevant to certification criteria set forth in WAC 180-95-020 to the ((state board of education)) superintendent of public instruction on a form provided by the ((state board of education)) superintendent of public instruction.

[Statutory Authority: RCW 28A.410.010. 94-03-103 (Order 4-94), 180-95-040, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.120. 78-03-014 (Order 2-78), 180-95-040, filed 2/8/78.]


AMENDATORY SECTION(Amending WSR 95-08-029, filed 3/29/95, effective 4/29/95)

WAC 180-95-050   Withdrawal of certification as an education center.   The ((state board of education)) superintendent of public instruction may withdraw certification if the board finds that a center fails:

(1) To provide adequate instruction in basic academic skills which shall mean:

(a) The center does not offer or make provision for instruction in all the basic skills defined in WAC 180-95-010(2), or

(b) Evidence/data do not verify educational gains which relate directly to the individual learning objectives and the educational and/or employment goals established, or

(c) The center does not provide opportunities for employment orientation.

(2) To meet any of the criteria for certification of education centers as established in WAC 180-95-020.

[Statutory Authority: RCW 28A.205.050 and 1993 c 211. 95-08-029, 180-95-050, filed 3/29/95, effective 4/29/95. Statutory Authority: RCW 28A.410.010. 94-03-103 (Order 4-94), 180-95-050, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.120. 78-03-014 (Order 2-78), 180-95-050, filed 2/8/78.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 180-95-060 Fee revision -- Appeal procedure.
WAC 180-95-070 Additional rules.

Washington State Code Reviser's Office