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

     Purpose: Recommended changes to WAC 392-410-315 Equivalency course of study, credit for work based learning, clarification of existing requirements to support improved student learning and safety, liability and accountability for all stakeholders to:

•	Ensure that all students are able to access work-based learning.
•	Better differentiate and define terms used in the current WAC language.
•	Update alignment with related policies and state agencies.

     Citation of Existing Rules Affected by this Order: Amending WAC 392-410-315.

     Statutory Authority for Adoption: RCW 28A.305.130.

      Adopted under notice filed as WSR 07-19-053 on September 14, 2007.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: February 4, 2008.

Dr. Terry Bergeson

OTS-1043.1

AMENDATORY SECTION(Amending WSR 06-14-009, filed 6/22/06, effective 6/22/06)

WAC 392-410-315   Equivalency course of study -- Credit for work based learning.   School districts may accept ((work based)) worksite learning in lieu of either required or elective high school credits if such ((work based)) worksite learning meets the standards under subsections (1) through (5) of this section. ((Schools and school districts are strongly encouraged to review the nonbinding work based learning guidelines on the web site of the superintendent of public instruction in their consideration of making this credit option available to students.)) Comprehensive guidelines are available on the OSPI web site in the work based learning coordination manual/guidelines.

     (1) Definitions:

     (a) "Work based learning" means a learning experience that connects knowledge and skills obtained in the classroom to those needed outside the classroom, and comprises a range of activities and instructional strategies designed to assist students in developing or fulfilling their education plans.

     (b) (("Work based learning agreement" means a contract that specifies the terms and conditions under which the work based learning experience shall occur. It is agreed to and signed by the school district, worksite supervisor, student, and the student's parents/guardians.

     (c) "Worksite supervisor" means an adult employee or volunteer of the worksite responsible for overseeing the work based learning experience and acting as liaison between the worksite and school district.

     (d) "Orientation" means a meeting conducted by a work based learning coordinator giving information to a worksite supervisor about the work based learning program of the school. The orientation clarifies program objectives, establishes support systems, and delineates the responsibilities and rights of the various parties--school/district, worksite, students, and parents/guardians.

     (e) "New employee orientation" means an orientation program for the student facilitated by a worksite supervisor or designee (e.g., human resources) that identifies worksite safety procedures and practices, workers' rights and responsibilities, issues related to harassment, and employer policies, procedures and expectations. The orientation shall also include a description of the formal accident prevention program of the worksite.

     (f) "Instructional work based learning" means a work based learning experience in which no appreciable benefit is rendered to the worksite by the presence of the minor student, in accordance with WAC 296-125-043.

     (g) "Cooperative work based learning" means a work based learning experience in which an employer/employee relationship exists--the work performed by the student results in a net increase in productivity or profitability for the business or organization.

     (2) The work based learning experience shall be connected to the education plan of the student.

     (a) The education plan shall involve one or more of the state learning goals and related essential academic learning requirements.

     (b) Counseling and guidance services, particularly career guidance, shall be available to students seeking work based learning experience.

     (c) The education plan should relate to a specific career and/or educational pathway chosen by the student.

     (d) The education plan should extend at least one year beyond high school graduation.

     (3))) "Worksite learning" means a learning experience that occurs at a qualified worksite outside the classroom in fulfillment of a student's educational or career plan through the coordination of a work based learning certificated teacher. Direct instruction and supervision is provided by a qualified worksite supervisor.

     (c) "Worksite learning coordinator" means a certificated school district employee responsible for coordinating worksite learning experiences. For career and technical education programs, the coordinator must possess a work based learning certificate (WAC 181-77-068). For noncareer and technical education programs, the coordinator must successfully demonstrate competencies related to coordination techniques as verified by a professional educator standards board approved program.

     (d) "Worksite supervisor" means a qualified adult from the worksite responsible for overseeing the worksite learning experience and acting as liaison between the worksite and school district.

     (e) "Work based learning agreement" means a contract that specifies the terms and conditions under which the worksite learning experience shall occur. It is agreed to and signed by the school district, worksite supervisor, student, and the student's parents/guardians.

     (f) "Program orientation" means a meeting conducted by a worksite learning coordinator giving information to a worksite supervisor about the work based learning program of the school. The orientation clarifies program objectives, establishes support systems, and delineates the responsibilities and rights of the various parties -- school/district, worksite, students, and parents/guardians. The worksite learning coordinator qualifies the worksite and the worksite supervisor.

     (g) "New employee orientation" means training for the student facilitated by a worksite supervisor or designee (e.g., human resources). This is necessary for students in cooperative worksite learning and instructional worksite learning experiences. The orientation includes worksite safety procedures and practices, workers' rights and responsibilities, issues related to harassment, and employer policies, procedures and expectations. The orientation shall also include a description of the formal accident prevention program of the worksite.

     (h) "Instructional worksite learning" means learning experience that takes place in the community as part of a specific course content where the student performs tasks in order to gain desired skills, competencies, qualifications or industry certifications through direct instruction.

     (i) "Cooperative worksite learning" means a learning experience where a student practices in the community the skills and knowledge learned in the classroom. An employer/employee relationship must exist if the work performed by the student results in a net increase in productivity or profitability for the business or organization.

     (j) "Qualifying class" means any high school class previously or concurrently taken that directly connects the knowledge and skills learned in the class to opportunities provided by the worksite learning experience. For career and technical education funding, "qualifying classes" mean classes approved for career and technical education in the district offering worksite learning credit.

     (2) The student shall be placed in a worksite that is appropriate to the previous learning experience and educational goals ((of the student and)) which shall be formalized through a ((work based)) worksite learning agreement and ((work based)) worksite learning plan. The worksite learning experience shall be connected to the student's high school and beyond plan (WAC 180-51-061). The student must have taken or be concurrently enrolled in a qualifying class.

     (a) The ((work based)) worksite learning plan shall articulate the connection between the education plan of the student and the work based learning experience.

     (b) The ((work based)) worksite learning plan shall articulate clear, measurable learning objectives.

     (c) Evaluation of learning progress related to the ((work based)) worksite learning plan shall occur during the work based learning experience.

     (i) Learning objectives shall be evaluated and updated on a regular basis as outlined in the ((work based)) worksite learning agreement.

     (ii) Documentation of progress shall be on file in the district as outlined in the ((work based)) worksite learning agreement.

     (((4))) (3) The ((work based)) worksite learning experience shall be supervised by the school. A ((work based)) worksite learning coordinator shall be ((identified in accordance with WAC 180-77-068 and shall be)) responsible for:

     (a) Aligning the ((work based)) worksite learning experience to the education plan of the student;

     (b) Identifying and developing work based learning sites, establishing work based learning agreements and work based learning plans, orienting and coordinating with a worksite supervisor on the work based learning site, and assessing and reporting student progress;

     (c) Ensuring that a worksite supervisor:

     (i) Has received an orientation on the ((work based)) worksite learning program of the school prior to placement of the student on the worksite; and

     (ii) Has provided the student with a new-employee orientation upon placement; and

     (d) Applying legal requirements of the employment of minors in accordance with chapters 296-125 and 296-131 WAC, particularly on issues of occupational health and safety, discrimination, harassment, worker/employer rights and responsibilities, and work rules for minors((.

     (5))); and

     (e) Possessing a valid Washington state secondary teaching certificate (chapter 181-79A or 181-77 WAC); and

     (f) Successfully demonstrating competencies related to coordination techniques as verified by a professional educator standards board approved program.

     (4) One credit may be granted for no less than one hundred eighty hours for instructional ((work based)) worksite learning experience, and not less than three hundred sixty hours of cooperative ((work based)) worksite learning experience, or one credit may be granted on a competency basis as provided under WAC 180-51-050 (1)(b).

     (a) A student participating in an instructional ((work based)) worksite learning experience shall receive instruction supervised by the school. The worksite learning coordinator oversees the experience but does not need to be on-site with the student during the entire experience. The student shall be sixteen years of age or older.

     (((i) Instruction)) Career and technical education approved instructional worksite learning experience shall be ((provided)) coordinated by ((an instructor with)) a ((teaching certificate, preferably endorsed in the subject)) certificated work based learning coordinator who is also certificated in the program area ((for which)) where credit ((will be awarded the student for the work based learning experience.

     (ii) The work based learning experience shall be an embedded component of the instructional program appropriate to the subject area for which credit will be awarded the student for the work based learning experience)) is offered.

     (b) A student participating in a cooperative ((work based)) worksite learning experience shall be legally employed ((and shall not)) if the work being performed by the student results in a net increase in productivity or profitability for the business or organization. The student shall be ((less than)) sixteen years ((old)) of age or older.

     (i) ((The)) Career and technical education approved cooperative ((work based)) worksite learning ((experience)) shall be ((supervised either by a work based)) coordinated by a certificated worksite learning coordinator ((or an instructor with a teaching certificate, preferably endorsed in the subject area for which credit will be awarded the student for the work based learning experience;)).

     (ii) The cooperative ((work based)) worksite learning experience shall be a direct extension of a qualifying course ((related to the work based learning experience and taken either concurrently with the work based learning experience or taken in a school term prior to the work based learning experience)).

     (((6))) (5) The superintendent of public instruction shall report biennially at the state board's fall meeting on the use of the work based learning credit option authorized in this section.

[Statutory Authority: 2006 c 263. 06-14-009, recodified as § 392-410-315, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.305.130 (8), (9), and 28A.230.100. 03-04-054, § 180-50-315, filed 1/29/03, effective 3/1/03. Statutory Authority: RCW 28A.04.120. 00-19-106, § 180-50-315, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.04.120 (6) and (8) and 28A.05.060. 85-12-037 (Order 13-85), § 180-50-315, filed 6/3/85. Statutory Authority: RCW 28A.04.120 (6) and (8). 84-21-004 (Order 12-84), § 180-50-315, filed 10/4/84.]

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