WSR 07-14-102

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed July 2, 2007, 11:25 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-06-082.

Title of Rule and Other Identifying Information: WAC 180-18-030, 180-18-040, and 180-18-050.

Hearing Location(s): Wenatchee ESD, 430 Old Station Road, P.O. Box 1847, Wenatchee, 98801, on September 18, 2007, at 10:00 a.m.

Date of Intended Adoption: September 18, 2007.

Submit Written Comments to: Edie Harding, Executive Director, P.O. Box 47206, Olympia, WA 98504-7206, e-mail edie.harding@k12.wa.us, fax (360) 586-2357, by September 18, 2007.

Assistance for Persons with Disabilities: Contact Loy McColm by September 11, 2007, (360) 725-6027.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Technical amendments necessitated to note updated WAC references.

Reasons Supporting Proposal: See above.

Statutory Authority for Adoption: RCW 28A.150.220.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: State board of education, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Edith Harding, State Board of Education, Olympia, Washington, (360) 725-6025.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

A cost-benefit analysis is not required under RCW 34.05.328.

June 29, 2007

Edith W. Harding

Executive Director

OTS-9841.1


AMENDATORY SECTION(Amending WSR 01-24-092, filed 12/4/01, effective 1/4/02)

WAC 180-18-030   Waiver from total instructional hour requirements.   A district desiring to ((implement a local restructuring plan to provide an effective educational system to enhance)) improve student achievement by enhancing the educational program for all students may apply to the state board of education for a waiver from the total instructional hour requirements. The state board of education may grant said waiver requests pursuant to RCW 28A.305.140 and WAC 180-18-050 for up to three school years.

[Statutory Authority: Chapter 28A.630 RCW. 01-24-092, 180-18-030, filed 12/4/01, effective 1/4/02. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. 95-20-054, 180-18-030, filed 10/2/95, effective 11/2/95.]


AMENDATORY SECTION(Amending WSR 95-20-054, filed 10/2/95, effective 11/2/95)

WAC 180-18-040   Waivers from minimum one hundred eighty-day school year requirement and student-to-teacher ratio requirement.   (1) A district desiring to ((implement a local restructuring plan to provide an effective educational system to enhance)) improve student achievement by enhancing the educational program for all students in the district or for individual schools in the district may apply to the state board of education for a waiver from the provisions of the minimum one hundred eighty-day school year requirement pursuant to RCW 28A.150.220(5) and WAC 180-16-215 by offering the equivalent in annual minimum program hour offerings as prescribed in RCW 28A.150.220 in such grades as are conducted by such school district. The state board of education may grant said initial waiver requests for up to three school years.

(2) A district desiring to ((implement a local restructuring plan to provide an effective educational system to enhance)) improve student achievement by enhancing the educational program for all students in the district or for individual schools in the district may apply to the state board of education for a waiver from the student-to-teacher ratio requirement pursuant to RCW 28A.150.250 and WAC 180-16-210, which requires the ratio of the FTE students to kindergarten through grade three FTE classroom teachers shall not be greater than the ratio of the FTE students to FTE classroom teachers in grades four through twelve. The state board of education may grant said initial waiver requests for up to three school years.

[Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. 95-20-054, 180-18-040, filed 10/2/95, effective 11/2/95.]


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

WAC 180-18-050   ((Local restructuring plan requirements)) Procedure to obtain waiver.   (1) State board of education approval of district waiver requests pursuant to WAC 180-18-030 and 180-18-040 shall occur at a state board meeting prior to implementation. A district's waiver application shall be in the form of a resolution adopted by the district board of directors ((which includes a request for the waiver and a plan for restructuring the educational program of one or more schools which consists of at least the following information:

(a) Identification of the requirements to be waived;

(b) Specific standards for increased student learning that the district expects to achieve;

(c) How the district plans to achieve the higher standards, including timelines for implementation;

(d) How the district plans to determine if the higher standards are met;

(e) Evidence that the board of directors, teachers, administrators, and classified employees are committed to working cooperatively in implementing the plan; and

(f) Evidence that opportunities were provided for families, parents, and citizens to be involved in the development of the plan.

(2) The district plan for restructuring the educational program of one or more schools in the district may consist of the school improvement plans required under WAC 180-16-220, along with the requirements of subsection (1)(a) through (d) of this section.

(3))). The resolution shall identify the basic education requirement for which the waiver is requested and include information on how the waiver will support improving student achievement. The resolution shall be accompanied by information detailed in the guidelines and application form available on the state board of education's web site.

(2) The application for a waiver and all supporting documentation must be received by the state board of education at least thirty days prior to the state board of education meeting where consideration of the waiver shall occur. The state board of education shall review all applications and supporting documentation to insure the accuracy of the information. In the event that deficiencies are noted in the application or documentation, districts will have the opportunity to make corrections and to seek state board approval at a subsequent meeting.

[Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). 04-04-093, 180-18-050, filed 2/3/04, effective 3/5/04. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. 95-20-054, 180-18-050, filed 10/2/95, effective 11/2/95.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 180-18-060 Waiver renewal procedure.

Washington State Code Reviser's Office