WSR 08-22-002

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 23, 2008, 10:11 a.m. ]

Title of Rule and Other Identifying Information: Chapter 392-160 WAC, Special services program -- Transitional bilingual.

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 Bob Harmon, Assistant Superintendent of Special Programs and Federal Accountability Interim Director of Migrant/Bilingual Education, Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504 , AND RECEIVED BY January 5, 2009.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rule changes is to be in compliance with RCW and to effectively educate English language learners (ELLs).

Statutory Authority for Adoption: Chapter 28A.180 RCW, Transitional bilingual instruction program, RCW 28A.180.060 Guidelines and rules.

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: Bob Harmon, OSPI, (360) 725-6147.

October 22, 2008

Terry Bergeson

Superintendent of

Public Instruction

OTS-2004.1


AMENDATORY SECTION(Amending Order 12, filed 8/12/91, effective 9/12/91)

WAC 392-160-020   Approved test((s)) for determining initial eligibility -- English proficiency scores.   (((1))) Approved English proficiency test((s: The following tests are approved for the purpose of annually determining the English proficiency of newly enrolled students (other than those who speak little or no English) whose primary language is other than English:

(a) Language assessment scales (LAS and Pre-LAS);

(b) Basic inventory of natural language (BINL);

(c) Bilingual syntax measure (BSM); and

(d) Secondary level English proficiency test (SLEP). (To be used only at 8-12 level).

(2) Scores which establish an English skills deficiency: In the event a student scores within the appropriate range provided by the test maker to establish such English skill deficiency, the student's English skills shall be deemed sufficiently deficient or absent to impair learning

(3) The superintendent of public instruction may approve a school district request for use of a test other than those approved for use in this section when such request is supported by evidence that:

(a) The approved tests for use identified in this section are either unsuitable, inappropriate, or impractical for use by the school district;

(b) The scores that establish English skills deficiency for the requested test correspond with the scores that establish English skills deficiency for approved tests identified in this section; and

(c) The skills being measured by the requested test correspond to the skills measured by the approved tests identified in this section)): Washington language proficiency placement test (WLPT).

[Statutory Authority: Chapter 28A.180 RCW. 91-17-008 (Order 12), 392-160-020, filed 8/12/91, effective 9/12/91. Statutory Authority: RCW 28A.58.808. 84-20-083 (Order 84-41), 392-160-020, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. 84-13-027 (Order 84-17), 392-160-020, filed 6/13/84. Statutory Authority: RCW 28A.58.808. 80-07-039 (Order 80-21), 392-160-020, filed 6/17/80.]

Washington State Code Reviser's Office