WSR 15-04-053
EXPEDITED RULES
CHARTER SCHOOL COMMISSION
[Filed January 29, 2015, 2:34 p.m.]
Title of Rule and Other Identifying Information: WAC 108-30-020 (3)(a) and (d), academic performance and compliance, student achievement and postsecondary readiness (high school evaluation).
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 Colin Pippin-Timco, Rules Coordinator, Charter School Commission, P.O. Box 40996, Olympia, WA 98504-0996, AND RECEIVED BY April 30, 2015.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal removes language from WAC 108-03-02 [108-03-020] (3)(a) regarding the charter school commission's (commission) performance framework's evaluation of student academic literacy in history/social studies/civic education, technical subjects, and advanced proficiency measurements in English language arts and literacy in history/social studies/civic education.
This proposal removes language from WAC 108-03-03 [108-03-020] (3)(d) regarding the commission's performance framework's evaluation of student performance and participation on the American college testing (ACT) or scholastic assessment test (SAT).
Reasons Supporting Proposal: In regards to WAC 108-03-02 [108-03-020] (3)(a), while student proficiency levels are currently reported for reading, writing, mathematics, and science via state assessment data, literacy in history/social studies/civic education, technical subjects, and advanced proficiency measurements in English language arts and literacy in history/social studies/civic education are not assessed on a state assessment, thus making proficiency level data unavailable. This would make it difficult for the commission to develop targets and/or compare charter schools to traditional schools.
In regards to WAC 108-03-02 [108-03-020] (3)(d), secondary students in Washington are not required to take the SAT/ACT making comparisons between charter schools and traditional schools difficult.
Statutory Authority for Adoption: RCW 28A.710.070.
Statute Being Implemented: RCW 28A.710.170.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Charter school commission, governmental.
Name of Agency Personnel Responsible for Drafting: Colin Pippin-Timco, 1068 Washington Street, Olympia, WA 98501, (360) 725-5511; Implementation and Enforcement: Joshua Halsey, 1068 Washington Street, Olympia, WA 98501, (360) 725-5511.
January 29, 2015
Colin Pippin-Timco
Executive Assistant
AMENDATORY SECTION (Amending WSR 13-18-017, filed 8/23/13, effective 9/23/13)
WAC 108-30-020 Performance framework.
(1) "Performance framework" means the standards that will be used by the commission to evaluate the performance of each charter school. The performance framework will be a source of information used by the commission to make decisions involving corrective action, renewal, modification, revocation, and/or termination of a charter school.
(2) The performance framework evaluates charter school performance and compliance in the areas of academic, financial, organizational, legal and mission specific performance and compliance. The commission will develop and post performance framework guidance for charter schools on the commission web site.
(3) Academic performance and compliance. Academic performance and compliance measures whether the charter school meets or is making sufficient progress towards academic performance expectations. Academic performance and compliance includes, but is not limited to:
(a) Student achievement. Evaluation of student achievement includes evaluation of student academic proficiency in English language arts ((and literacy in history/social studies/civic education)), science, and ((technical subjects, and)) mathematics; ((advanced proficiency measurements in English language arts and literacy in history/social studies/civic education, science and technical subjects, and mathematics;)) evaluation of student achievement gaps in both proficiency and growth. In addition to overall data, this information must be disaggregated by major student subgroups including gender, race and ethnicity, poverty status, special education status, English language learner status, and highly capable status.
(b) Comparative performance. Comparative performance is evaluated by comparing charter school students' performance on required state and federal assessments to performance of students in traditional public schools and charter schools with similar demographics. This is a comparison of overall student performance in English language arts (reading and writing), math, and science, as well as any other subjects that will in the future be tested. To the extent data is available comparison schools may include, but are not limited to, district-of-residence schools and peer or comparable schools whether charter or noncharter. As additional data for comparisons become available, the comparative performance evaluation will be adjusted. In addition to aggregate data, when available, this information must be disaggregated by major student subgroups including gender, race and ethnicity, poverty status, special education status, English language learner status, and highly capable status.
(c) Student progress. Student progress is evaluated using the school's median student growth percentile in reading and mathematics. As additional growth-related data become available, this evaluation will be adjusted. In addition to aggregate data, when available, this information must be disaggregated by major student subgroups including gender, race and ethnicity, poverty status, special education status, English language learner status, and highly capable status.
(d) Post secondary readiness (high school evaluation). Evaluation of post secondary readiness includes ((evaluation of students' performance and participation on American College Testing (ACT) or Scholastic Assessment Test (SAT);)) overall graduation rates in accordance with the state of Washington reporting requirements; comparison of charter school to district-of-residence graduation rates; comparison of charter school to peer or similar school graduation rates; and enrollment in post secondary institutions. As additional comparison data such as dual credit accrual, industry certification, 11th grade assessments, or others, become available, this evaluation will be adjusted. In addition to aggregate data, this information must be disaggregated by major student subgroups including gender, race and ethnicity, poverty status, special education status, English language learner status, and highly capable status.
(e) State and federal accountability. Evaluation of the charter school's compliance with state and federal accountability rules, regulations, and laws and whether the school has met the targets set forth by the state accountability system including, but not limited to, provision of basic education, instruction in the essential academic learning requirements, statewide student assessments, performance improvement goals. In addition to overall data, this information must be disaggregated by major student subgroups including gender, race and ethnicity, poverty status, special education status, English language learner status, and highly capable status.
(f) Mission specific accountability. Evaluation of whether the charter school has met mission specific goals identified in its contract.
(4) Financial performance and compliance. Financial performance and compliance measures the financial health and viability of a charter school. Financial performance and compliance includes, but is not limited to:
(a) Near term indicators. Evaluation of financial performance and compliance includes evaluation of charter school's assets and liabilities, available cash; actual enrollment as compared to enrollment projection and associated budget; loan and grant status.
(b) Sustainability indicators. Evaluation of sustainability indicators includes evaluation of net income and revenue; debt to asset ratio; cash flow; debt service ratio.
(c) Audit and accounting indicators. Evaluation of audit and accounting indicators includes evaluation of the charter school's compliance with generally accepted accounting principles; audit results and findings, if any.
(5) Organizational performance and compliance. Organizational performance and compliance measures compliance with specific terms and provisions of the charter contract and state and federal legal requirements. Organizational performance and compliance includes, but is not limited to:
(a) Education program. Evaluation of the education program includes evaluation of the charter school's education program in terms of compliance with specific performance expectations set forth in the charter contract; compliance with requirements of local education agencies and public schools under those federal laws and regulations including, but not limited to, compliance with the Individuals With Disabilities Education Act, the Rehabilitation Act, the Federal Educational Rights Privacy Act, the Elementary And Secondary Education Act, McKinney-Vento Act, and any other applicable education laws or regulations.
(b) Charter school law compliance. Evaluation of charter school law compliance includes evaluation of the charter school's compliance with chapter 28A.710 RCW. This includes review of policies and practices related to admissions, waiting lists, recruitment, security and privacy.
(c) Safety and welfare compliance. Evaluation of student and employee compliance includes evaluation of the charter school's compliance with laws concerning employment of faculty and staff including, but not limited to, certification requirements and background checks; evaluation of student and employee disciplinary policies and procedures and application of associated legal and constitutional protections; evaluation of compliance with health and safety laws and regulations.
(d) Board performance and stewardship. Evaluation of board performance and stewardship will include evaluation of compliance with all applicable laws, rules, and terms of the charter contract as well as willingness and skill in identifying issues with management of the school and taking corrective action and in implementing any corrective actions imposed by the commission.
(e) Student involvement and retention. Evaluation of student involvement and retention will include evaluation of attendance and recurrent enrollment.
(f) Mission specific accountability. Evaluation of whether the charter school has met mission specific goals identified in its contract including, but not limited to, proactive public engagement in student recruitment and demonstrated execution of a mission appropriate enrollment plan.
(6) Other. The commission may also include additional rigorous, valid, and reliable indicators to augment evaluations of the charter school's performance.