WSR 17-21-121
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed October 18, 2017, 11:22 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-17-163.
Title of Rule and Other Identifying Information: Highly capable (HiCap) program, chapter 392-170 WAC.
Hearing Location(s): On December 6, 2017, at 1:30 p.m., at the Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Brouillet Conference Room, Olympia, WA 98501.
Date of Intended Adoption: December 11, 2017.
Submit Written Comments to: Estela Garcia, OSPI, HiCap, P.O. Box 47200, Olympia, WA 98504-7200, email estela.garcia@k12.wa.us, by December 6, 2017.
Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-753-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by November 29, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these proposed rules is to align OSPI's rules for the HiCap program, chapter 392-170 WAC, with the new statutory requirement in EHB 2242 (2017) that school district practices for identifying the most HiCap students must prioritize equitable identification of low-income students.
Reasons Supporting Proposal: OSPI must amend chapter 392-170 WAC to ensure that the agency's rules for the HiCap program are not inconsistent with state statutory law.
Statutory Authority for Adoption: RCW 28A.185.050.
Statute Being Implemented: EHB 2242 (2017).
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Gayle Pauley, OSPI, 360-725-6170.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Is exempt under RCW 19.85.030.
Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).
October 18, 2017
Chris P. S. Reykdal
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 13-07-020, filed 3/12/13, effective 4/12/13)
WAC 392-170-030 Substance of annual school district plan.
The school district's annual plan shall contain the following:
(1) A report of the number of K-12 students who are highly capable that the district expects to serve by grade level;
(2) A description of the district's plan to identify students; consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students;
(3) A description of the highly capable program goals;
(4) A description of the services the highly capable program will offer;
(5) A description of the instructional program the highly capable program will provide;
(6) A description of ongoing professional development for educators of students who are highly capable and general education staff;
(7) A description of how the highly capable program will be evaluated that includes information on how the district's highly capable program goals and student achievement outcomes will be measured;
(8) A fiscal report; and
(9) Assurances signed by the school district's authorized representative that the district will comply with all applicable statutes and regulations.
AMENDATORY SECTION (Amending WSR 15-14-034, filed 6/23/15, effective 7/24/15)
WAC 392-170-045 Referral process for highly capable students.
Each school district shall establish written procedures for the referral of students to participate in programs for highly capable students. Such procedures shall permit referrals based on data or evidence from teachers, other staff, parents, students, and members of the community.
A district's referral procedure for students who are highly capable may include screening procedures to eliminate students who, based on clear, current evidence, do not qualify for eligibility under WAC 392-170-055.
Consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students.
AMENDATORY SECTION (Amending WSR 13-07-020, filed 3/12/13, effective 4/12/13)
WAC 392-170-055 Assessment process for selection as highly capable student.
(1) Students nominated for selection as a highly capable student, unless eliminated through screening as provided in WAC 392-170-045, shall be assessed by qualified district personnel;
(2) Districts shall use multiple objective criteria for identification of students who are among the most highly capable. There is no single prescribed method for identification of students among the most highly capable; ((and))
(3) Districts shall have a clearly defined and written assessment process; and
(4) Consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students.
AMENDATORY SECTION (Amending WSR 15-14-034, filed 6/23/15, effective 7/24/15)
WAC 392-170-075 Selection of most highly capable.
Each school district's board of directors shall adopt a selection policy and school district shall establish written procedures for the selection of the most highly capable students by the multidisciplinary selection committee. Such policy and selection procedures:
(1) Shall not violate federal and state civil rights laws including, without limitation, chapters 28A.640 and 28A.642 RCW;
(2) Shall be based on professional judgment as to which students will benefit the most from inclusion in the district's program; ((and))
(3) Shall be based on a selection system that determines which students are the most highly capable as defined under WAC 392-170-055, and other data collected in the assessment process; and
(4) Consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students.