Purpose: Chapter 392-170 WAC, to update information because of legislation recommendation by the superintendent's State Gifted Advisory Committee.

Citation of Existing Rules Affected by this Order: Amending WAC 392-170-035, 392-170-050, 392-170-080, and 392-170-090.

Statutory Authority for Adoption: Chapter 28A.185 RCW.

Adopted under notice filed as WSR 97-23-012 on November 7, 1997.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 6, amended 3, repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, amended 0, repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 6, amended 3, repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.

Effective Date of Rule: Thirty-one days after filing.

May 20, 1998

Dr. Terry Bergeson

Superintendent of

Public Instruction

AMENDATORY SECTION (Amending Order 84-20, filed 6/28/84)

WAC 392-170-035  Definition--Highly capable students. As used in this chapter, the term highly capable student shall mean a student who has been assessed to have superior intellectual ability as demonstrated by one or more of the multiple criteria specified in WAC 392-170-040.

These students exhibit high capability in intellectual and/or creative areas, possess an unusual leadership capacity, or excel in specific academic fields, thereby requiring services beyond the basic programs provided by schools. Outstanding abilities are present in students from all cultural groups, across all economic strata, and in all areas of human endeavor.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-035, filed 6/28/84.]

NEW SECTION

WAC 392-170-036  Definition--Unique needs. As used in this chapter, the term unique needs shall mean that identified highly capable students generally possess these learning characteristics:

(1) Capacity to learn with unusual depth of understanding, to retain what has been learned, and to transfer learning to new situations;

(2) Capacity and willingness to deal with increasing levels of abstraction and complexity earlier than their chronological peers;

(3) Ability to make unusual connections among ideas and concepts;

(4) Ability to learn very quickly in their area(s) of intellectual strength;

(5) Capacity for intense concentration and/or focus.

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NEW SECTION

WAC 392-170-037  Definition--Program options. Learning opportunities shown by research and practice to be especially effective with highly capable students include, but are not limited to:

(1) Accelerated learning opportunities;

(2) Grouping arrangements that provide intellectual and interest peer group interactions;

(3) Cooperative agreements between K-12 schools and institutions of higher education providing for concurrent enrollment, dual credit, and other advance and/or postsecondary options;

(4) Programs designed to coordinate, combine and/or share resources, people and facilities within a district or building in order to maximize access to and utilization of available resources for supporting students' learning;

(5) Mentorships and career exploration opportunities.

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NEW SECTION

WAC 392-170-038  Definition--Special teacher. A teacher with experience and/or training in the education of highly capable students. Areas of training should include: Identification, program design and delivery, instructional practices, student assessment, and program evaluation.

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NEW SECTION

WAC 392-170-042  Annual notification. Annual public notification of parents and students must be made before any major identification activity. The notice must be published or announced in school publications, newspapers, and/or other media, with circulation adequate to notify parents and students throughout the district.

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NEW SECTION

WAC 392-170-047  Parental permission. Parental permission must be obtained in writing before:

(1) Conducting assessment(s) to determine eligibility for participation in programs for highly capable students.

(2) Providing initial special services and programs to an identified highly capable student.

Parental permission notice shall include:

(a) A full explanation of the procedures for identification and program options.

(b) An explanation of the appeal process.

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AMENDATORY SECTION (Amending Order 84-20, filed 6/28/84)

WAC 392-170-050  Screening of nominees. Students nominated for consideration as highly capable students may be screened for eligibility according to district procedures. Such procedures shall be applied equitably and systematically to all nominated students. Equity of access shall be assured for all nominated students. Screening procedures may eliminate students for whom there exists clear, current evidence that the student will not qualify for eligibility under WAC 392-170-055.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-050, filed 6/28/84.]

NEW SECTION

WAC 392-170-078  Program services. Education program services for each identified highly capable student shall be the result of the assessed academic need of that student. A variety of appropriate program services shall be made available. Once services are started, a continuum of services shall be provided and may include kindergarten through twelfth grade.

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AMENDATORY SECTION (Amending Order 84-20, filed 6/28/84)

WAC 392-170-080  Educational program for highly capable students. Each student ((selected)) identified as a highly capable student shall be provided ((an)) educational ((opportunity)) opportunities which take((s)) into account such students' unique needs and capabilities. Such program shall recognize the limits of the resources provided by the state and the program options available to the district, including programs in adjoining districts and public institutions of higher education. Districts shall keep on file a description of the educational program provided for each student selected.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-080, filed 6/28/84.]

AMENDATORY SECTION (Amending Order 84-20, filed 6/28/84)

WAC 392-170-090  End of year report. Districts shall submit to the superintendent of public instruction at the close of fiscal year an end of the year report on forms provided by the superintendent of public instruction which includes number of students served by grade level ((and)), the ethnicity and gender of such students, and program(s) provided for these students.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-090, filed 6/28/84.]