WSR 06-21-035

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 10, 2006, 11:20 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-16-055.

Title of Rule and Other Identifying Information: Chapter 392-162 WAC, Special service program -- Learning assistance program.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, on November 22, 2006, at 9:00 a.m. - 10:00 a.m.

Date of Intended Adoption: November 23, 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 October 30, 2006.

Assistance for Persons with Disabilities: Contact Dodie Richter by November 21, 2006, TTY (360) 664-3631 or (360) 725-6194.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes made to chapter 392-162 WAC address statute chapter 28A.165 RCW. Specific actions required of districts that accept learning assistance program (LAP) funds is clarified. Each section clarifies the procedures that districts must follow to gain LAP funds through OSPI's LAP application process.

Reasons Supporting Proposal: Changes to state law require an update of the WAC under ESB 5877 of 2004, HB 1066 of 2005, and ESSB 6386 of 2006.

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: The statutory language has been included in the administrative code to reflect specific changes that occurred in the 2005 and 2006 legislative session. The agency is responsible for making these corrections and additions in the WAC based upon HB 1066 and SB 6386. It is recommended that the WAC changes be approved.

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

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

A cost-benefit analysis is not required under RCW 34.05.328.

September 15, 2006

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-9059.2


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-005   Authority.   The authority for this chapter is ((chapter 478, Laws of 1987)) RCW 28A.164.075 which authorizes the superintendent of public instruction to ((promulgate)) adopt rules and regulations for the ((implementation)) administration of a program designed to provide learning assistance to public school students in grades kindergarten through ((nine)) eleven (grade twelve beginning with the 2007-08 school year) who are deficient in basic skills achievement.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-005, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-005, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-010   Purpose.   The purpose of this chapter is to set forth policies and procedures for the administration of and to ensure district compliance with state requirements for a program designed to provide learning assistance to public school students in grades kindergarten through ((nine)) eleven (grade twelve beginning with the 2007-08 school year) who are deficient in basic skills achievement.

The learning assistance program requirements in this chapter are designed to:

(1) Provide the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds;

(2) Promote the use of assessment data when developing programs to assist underachieving students; and

(3) Guide school districts in providing the most effective and efficient practices when implementing programs to assist underachieving students.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-010, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-010, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-015   Definition -- Basic skills.   As used in this chapter, the term "basic skills" means reading, writing, and mathematics, ((language arts, and)) as well as readiness ((activities)) associated with ((such)) these skills.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-015, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-015, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-020   Definition -- Learning assistance program.   As used in this chapter, the term "learning assistance program" means a statewide program designed to enhance educational opportunities for public school students in grades kindergarten through ((nine)) eleven (grade twelve beginning with the 2007-08 school year) who ((are deficient in basic skills achievement)) do not meet state standards or are at risk of not meeting state standards.

"Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-020, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-020, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-025   Definition -- ((Objective measures)) Assessments.   As used in this chapter, the term "((objective measures)) assessments" means ((using a written or oral testing instrument that can be applied uniformly and consistently to determine in a comparable manner the educational achievement level of children)) one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-025, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-025, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-032   Definition -- Participating students.   As used in this chapter, the term "participating student((s))" means ((eligible students in grades kindergarten through nine as determined by the district needs assessment and placement testing, and selected in accordance with this chapter to receive services in the learning assistance program)) a student in kindergarten through grade eleven (grade twelve beginning with the 2007-08 school year) who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.

Beginning with the 2007-08 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-032, filed 10/22/87.]


NEW SECTION
WAC 392-162-033   Definition -- Underachieving students.   As used in this chapter, the term "underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments.

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NEW SECTION
WAC 392-162-034   Definition -- Accelerated learning plans.   Accelerated learning plans are to be developed and implemented for participating students. Accelerated learning plans may be developed as part of an existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students. Accelerated learning plans shall include:

(1) Achievement goals for students;

(2) Roles for the student(s), parents, or guardians and teachers in the plan;

(3) Communication procedures regarding student(s) accomplishment; and

(4) Plan review and adjustment processes.

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AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-045   Definition -- Approved program.   As used in this chapter, the term "approved program" means a program meeting the ((requirements)) required elements of this chapter and conducted pursuant to the program plan submitted by a district and approved by the superintendent of public instruction in accordance with WAC 392-162-075.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-045, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-20-088 (Order 84-47), 392-162-045, filed 10/2/84; 84-14-038 (Order 84-21), 392-162-045, filed 6/28/84.]


NEW SECTION
WAC 392-162-054   Definition -- District eligibility and distribution of funds.   Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with the Biennial Appropriations Act. The distribution formula is for school district allocation purposes only. The distribution formula shall be based on one or more family income factors measuring economic need. In addition, increases in a school district's allocation above the 2004-05 school year level shall be directed to grades nine through ten.

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AMENDATORY SECTION(Amending Order 95-08, filed 9/12/95, effective 10/13/95)

WAC 392-162-057   Definition -- Advisory committee.   As used in this chapter, the term "advisory committee" means a consultant group with membership including, but not limited to, representatives of the following groups: Parents(( -- )), including parents of students served by program(( -- )), teachers, principals, administrators, and school directors. This group ((can)) may also be defined as the ((site-based planning)) school improvement team((:)) provided((, That)) an existing ((advisory committee that)) school improvement team meets the requirements of this section ((may serve as the learning assistance program advisory committee)).

[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), 392-162-057, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-057, filed 10/22/87.]


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-060   District application.   Each district that seeks an allocation from the state for a learning assistance program shall submit ((a biennial)) an annual application, including the district program plan outlined in WAC 392-162-070, and an annual expenditure plan for approval on electronic forms provided by the superintendent of public instruction((: Provided, That if district program plan elements described in WAC 392-162-070 are changed for the second year of the biennium, an updated program plan shall be submitted to the superintendent of public instruction for approval on forms provided)).

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-060, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-060, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 95-08, filed 9/12/95, effective 10/13/95)

WAC 392-162-062   Program plan revision.   A district may make periodic change(s) to the planning document during the school year if such change(s) are made with the "advisory committee" and are submitted to and approved by the superintendent of public instruction ((on forms provided for that purpose)) through the electronic application and revision process.

[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), 392-162-062, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-062, filed 10/22/87.]


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-065   School board approval.   The district's ((biennial)) annual application which specifies the learning assistance program plan shall be approved by formal action of the district's board of directors.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-065, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-065, filed 6/28/84.]


NEW SECTION
WAC 392-162-068   Program plan.   By July 1st of each year, a participating school district shall submit the district's plan for using learning assistance funds to the office of the superintendent of public instruction for approval. Applications must be approved before funds are expended.

A school district must identify the program activities to be implemented from RCW 28A.165.035 and implement all of the elements in subsections (1) through (8) of this section. The school district plan shall include the following:

(1) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law;

(2) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities;

(3) Accelerated learning plans are to be developed and implemented for participating students. Accelerated learning plans may be developed as part of an existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students;

(4) How state level and classroom assessments are used to inform instruction;

(5) How focused and intentional instructional strategies have been identified and implemented;

(6) How highly qualified instructional staff are developed and supported in the program and in participating schools;

(7) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's strategic plan to support underachieving students; and

(8) How a program evaluation will be conducted to determine direction for the following school year.

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NEW SECTION
WAC 392-162-072   Program plan -- Approved activities.   Through the identification of best practices, which maximize the opportunities for student success, services and activities which support the learning assistance program include:

(1) Extended learning time through extended day, week or year activities;

(2) Professional development for certificated and classified staff that focuses on the needs of diverse student populations, specific literacy and mathematics content and instructional strategies, and the use of student work to guide effective instruction;

(3) Consultant teacher to assist in implementing effective instructional practices by teachers serving participating students;

(4) Tutoring support for participating students; and

(5) Outreach activities and support for parents of participating students.

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AMENDATORY SECTION(Amending Order 95-08, filed 9/12/95, effective 10/13/95)

WAC 392-162-075   Program approval.   A participating school district shall annually submit a program plan to the office of the superintendent of public instruction for approval. The program plan must address all of the elements in RCW 28A.165.025 and identify the program activities to be implemented from RCW 28A.165.035.

School districts achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW shall have their program approved once the program plan and activities submittal is completed.

School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that are not in a state or federal program of school improvement shall be subject to program approval once the plan components are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan.

School districts with one or more schools in a state or federal program of school improvement shall have their plans and activities reviewed and approved in conjunction with the state or federal program school improvement program requirements.

The superintendent of public instruction shall review and approve each district's ((planning document)) program. A district's learning assistance program shall not be implemented prior to ((planning document)) approval.

[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), 392-162-075, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-075, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-075, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 95-08, filed 9/12/95, effective 10/13/95)

WAC 392-162-080   Program requirement -- Selection of students.   Students selected to participate in the learning assistance program shall be limited to those who:

(1) Are enrolled in grades kindergarten through ((nine)) eleven (grade twelve beginning with the 2007-08 school year);

(2) Are performing below the state standard for his or her grade level; ((provided, that all students in school-wide project schools will be eligible for services based on academic need;))

(3) Have been ((selected using multiple measures)) identified in the approved district plan to receive services; and

(4) Have been determined to have the greatest risk of not meeting the state's challenging content and performance standards.

[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), 392-162-080, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-080, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-080, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-100   Program coordination.   School districts may coordinate federal, state, and local programs in order to serve the maximum number of students who are below grade level in basic skills. Students receiving assistance in another special needs program may also be served in the learning assistance program if they meet student eligibility and selection requirements ((under this chapter)) as identified in WAC 392-162-032 and 392-162-080.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-100, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-100, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 95-09, filed 9/12/95, effective 10/13/95)

WAC 392-162-105   Program requirement -- Program evaluation.   ((The Title I)) Evaluation ((requirements)) procedures as outlined in WAC 392-162-075 shall be used annually by districts to evaluate the educational achievement of students receiving recommended services in the learning assistance program. Evaluation results shall be collected annually by the superintendent of public instruction. Such evaluation for school districts in district improvement, or with one or more schools in school improvement status, shall review and evaluate program success in alignment with state and federal program school improvement program requirements.

[Statutory Authority: 1987 c 478. 95-19-032 (Order 95-09), 392-162-105, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-105, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-105, filed 6/28/84.]


AMENDATORY SECTION(Amending Order 95-08, filed 9/12/95, effective 10/13/95)

WAC 392-162-110   Program requirement -- End of year report.   Districts shall submit to the superintendent of public instruction at the close of the state fiscal year an end of the year report on electronic forms provided by the superintendent of public instruction.

[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), 392-162-110, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-110, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-110, filed 6/28/84.]


NEW SECTION
WAC 392-162-112   Carry over of funds.   Districts may carry over from one year to the next up to ten percent of the LAP funds -- state or education legacy trust funds allocated under this program; however, carry over funds shall be expended for the learning assistance program.

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AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)

WAC 392-162-115   Monitoring of districts.   In order to insure that school districts are meeting the requirements of this chapter, the superintendent of public instruction shall monitor district programs no less than once every ((three)) four years by using ((sampling procedures)) the state program review process. Individual student records shall be maintained at the school district.

[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-115, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-115, filed 6/28/84.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 392-162-030 Definition -- Eligible students.
WAC 392-162-035 Definition -- Additional/supplemental services.
WAC 392-162-040 Definition -- Placement testing.
WAC 392-162-043 Definition -- School-wide project.
WAC 392-162-047 Definition -- Basic skills test.
WAC 392-162-049 Definition -- Needs assessment.
WAC 392-162-050 Definition -- Accounting manual.
WAC 392-162-052 Definition -- Indirect expenditures.
WAC 392-162-053 Definition -- Direct expenditures.
WAC 392-162-067 Program requirement -- Needs assessment.
WAC 392-162-085 Program requirement -- Consultation with the "advisory committee."
WAC 392-162-090 Program requirement -- Notification of parents.
WAC 392-162-095 Program requirement -- Allowable expenditures.

Washington State Code Reviser's Office