WSR 04-23-008

PERMANENT RULES

STATE BOARD OF EDUCATION


[ Filed November 4, 2004, 4:29 p.m. , effective December 5, 2004 ]


Purpose: The proposed amendments move the last subsection of WAC 180-16-225(3) to WAC 180-16-220(5) to clarify that the certification requirements, including current and valid certificates and endorsements, and the school improvement plan requirements may not be waived.

Citation of Existing Rules Affected by this Order: Amending WAC 180-16-220 and 180-16-225.

Statutory Authority for Adoption: RCW 28A.150.220, 28A.305.140, and 28A.305.130.

Adopted under notice filed as WSR 04-18-106 on September 1, 2004.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 2, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: October 22, 2004.

November 3, 2004

Larry Davis

Executive Director

OTS-7528.1


AMENDATORY SECTION(Amending WSR 04-04-093, filed 2/3/04, effective 3/5/04)

WAC 180-16-220   Supplemental basic education program approval requirements.   The following requirements are hereby established by the state board of education as related supplemental condition to a school district's entitlement to state basic education allocation funds, as authorized by RCW 28A.150.220(4).

(1) Current and valid certificates. Every school district employee required by WAC 180-79A-140 to possess an education permit, certificate, or credential issued by the superintendent of public instruction for his/her position of employment, shall have a current and valid permit, certificate or credential. In addition, classroom teachers, principals, vice principals, and educational staff associates shall be required to possess endorsements as required by WAC 180-82-105, 180-82-120, and 180-82-125, respectively.

(2) Annual school building approval.

(a) Each school in the district shall be approved annually by the school district board of directors under an approval process determined by the district board of directors.

(b) At a minimum the annual approval shall require each school to have a school improvement plan that is data driven, promotes a positive impact on student learning, and includes a continuous improvement process that shall mean the ongoing process used by a school to monitor, adjust, and update its school improvement plan. For the purpose of this section "positive impact on student learning" shall mean:

(i) Supporting the goal of basic education under RCW 28A.150.210, "...to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives...";

(ii) Promoting continuous improvement of student achievement of the state learning goals and essential academic learning requirements; and

(iii) Recognizing nonacademic student learning and growth related, but not limited to: Public speaking, leadership, interpersonal relationship skills, teamwork, self-confidence, and resiliency.

(c) The school improvement plan shall be based on a self-review of the school's program for the purpose of annual building approval by the district. The self-review shall include active participation and input by building staff, students, families, parents, and community members.

(d) The school improvement plan shall address, but is not limited to:

(i) The characteristics of successful schools as identified by the superintendent of public instruction and the educational service districts, including safe and supportive learning environments;

(ii) Educational equity factors such as, but not limited to: Gender, race, ethnicity, culture, language, and physical/mental ability, as these factors relate to having a positive impact on student learning. The state board of education strongly encourages that equity be viewed as giving each student what she or he needs and when and how she or he needs it to reach their achievement potential;

(iii) The use of technology to facilitate instruction and a positive impact on student learning; and

(iv) Parent, family, and community involvement, as these factors relate to having a positive impact on student learning.

(3) Nothing in this section shall prohibit a school improvement plan from focusing on one or more characteristics of effective schools during the ensuing three school years.

(4) School involvement with school improvement assistance under the state accountability system or involvement with school improvement assistance through the federal Elementary and Secondary Education Act shall constitute a sufficient school improvement plan for the purposes of this section.

(5) Nonwaiverable requirements. Certification requirements, including endorsements, and the school improvement plan requirements set forth in subsection (2) of this section may not be waived.

[Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). 04-04-093, 180-16-220, filed 2/3/04, effective 3/5/04; 02-18-056, 180-16-220, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.150.250, 28A.150.260 and 28A.15.220 [28A.150.220]. 99-10-091, 180-16-220, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.58.754(6), 28A.58.085 and 28A.58.090. 90-01-137, 180-16-220, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.58.090. 86-20-056 (Order 14-86), 180-16-220, filed 9/29/86. Statutory Authority: RCW 28A.58.754(6). 86-13-015 (Order 5-86), 180-16-220, filed 6/10/86; 84-11-043 (Order 2-84), 180-16-220, filed 5/17/84. Statutory Authority: 28A.04.120(4). 81-08-026 (Order 1-81), 180-16-220, filed 3/26/81. Statutory Authority: RCW 28A.04.120. 80-06-093 (Order 7-80), 180-16-220, filed 5/29/80. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), 180-16-220, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. 78-06-097 (Order 3-78), 180-16-220, filed 6/5/78.]


AMENDATORY SECTION(Amending WSR 04-04-093, filed 2/3/04, effective 3/5/04)

WAC 180-16-225   Waiver -- Substantial lack of classroom space -- Grounds and procedure.   (1) Grounds. The state board of education may waive one or more of the basic education allocation entitlement requirements set forth in WAC 180-16-200 through 180-16-220(1) only if a school district's failure to comply with such requirement(s) is found by the state board to be caused by substantial lack of classroom space.

As a condition to a waiver based on substantial lack of classroom space the state board will consider and a school district must demonstrate, at least, that the facilities of the school district do not contain enough classroom space or other space that can reasonably be converted into classroom space, and that necessary classroom space may not reasonably be acquired by lease or rental to enable the district to comply with the referenced entitlement requirements.

(2) Waiver procedure. In order to secure a waiver pursuant to subsection (1) of this section a school district must submit a petition together with a detailed explanation and documentation in support of its request not later than thirty days prior to either:

(a) The state board of education meeting immediately preceding commencement of the school year; or

(b) The March (or such other meeting as the state board shall have established) meeting of the board at which the board will consider certifications of compliance and noncompliance with these entitlement requirements.

A school district that can reasonably foresee an inability to comply with entitlement requirements by reason of substantial lack of classroom space should petition for a waiver as early as the state board meeting immediately preceding commencement of the school year in order to allow for the possibility that the request may be denied.

(((3) Nonwaiverable requirements. Certification requirements, including endorsements, and the school improvement plan requirement set forth in WAC 180-16-220(2) may not be waived.))

[Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). 04-04-093, 180-16-225, filed 2/3/04, effective 3/5/04. Statutory Authority: RCW 28A.58.754(6). 86-13-015 (Order 5-86), 180-16-225, filed 6/10/86; 84-11-043 (Order 2-84), 180-16-225, filed 5/17/84. Statutory Authority: RCW 28A.04.120. 83-13-002 (Order 3-83), 180-16-225, filed 6/2/83; 80-06-093 (Order 7-80), 180-16-225, filed 5/29/80. Statutory Authority: RCW 28A.41.130 and 28A.58.754. 78-06-097 (Order 3-78), 180-16-225, filed 6/5/78.]

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