WSR 08-16-025

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed July 28, 2008, 11:50 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-18-072.

Title of Rule and Other Identifying Information: Chapter 392-162 WAC, Special service program -- Learning assistance.

Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 Washington Street, Olympia, WA 98504, on September 16, 2008, at 9:00 a.m.

Date of Intended Adoption: September 17, 2008.

Submit Written Comments to: Gayle Pauley, P.O. Box 47200, Olympia, WA 98504-7200, e-mail gayle.pauley@k12.wa.us, fax (360) 725-6100, by September 15, 2008.

Assistance for Persons with Disabilities: Contact Penny Coker by September 15, 2008, TTY (360) 664-3631 or (360) 725-6142.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend the WAC for revisions made by the 2007-08 legislative session to authorizing chapter 28A.165 RCW and provide clarifying language.

Reasons Supporting Proposal: Conform to changes in authorizing legislation and provide clarification.

Statutory Authority for Adoption: RCW 28A.165.075.

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

Name of Proponent: [OSPI], governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Gayle Pauley, OSPI, (360) 725-6100.

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.

July 28, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1797.1


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-005   Authority.   The authority for this chapter is RCW 28A.165.075 which authorizes the superintendent of public instruction to adopt rules and regulations for the administration of a program designed to provide learning assistance to public school students in grades kindergarten through ((eleven (grade)) twelve ((beginning with the 2007-08 school year))) who are deficient in basic skills achievement.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-005, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-005, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-005, filed 6/28/84.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-010   Purpose.   The purpose of this chapter is to set forth policies and procedures for the administration of and to ensure district compliance with state requirements for a program designed to provide extended learning ((assistance)) opportunities to public school students in grades kindergarten through ((eleven (grade)) twelve ((beginning with the 2007-08 school year) who are deficient in basic skills achievement)) who score below standard for his or her grade level on the statewide assessments and assessments in the basic skills administered by local school districts.

The learning assistance program requirements in this chapter are designed to:

(1) Provide the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds;

(2) Promote the use of assessment data when developing programs to assist underachieving students; and

(3) Guide school districts in providing ((the most effective and efficient practices when implementing programs)) extended learning opportunities to assist underachieving students and students in grades eleven and twelve who are at risk of not meeting state and local graduation requirements.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-010, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-010, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-010, filed 6/28/84.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-020   Definition -- Learning assistance program (LAP).   As used in this chapter, the term "learning assistance program" means a statewide program designed to enhance educational opportunities for public school students in grades kindergarten through ((eleven (grade)) twelve ((beginning with the 2007-08 school year))) who do not meet state standards.

(("Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.))

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-020, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-020, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-020, filed 6/28/84.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-025   Definition -- Statewide assessments.   As used in this chapter, the term "statewide assessments" means one or more of the several basic skills assessments administered as part of the state's student assessment system, and assessments in the basic skills areas administered by local school districts.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-025, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-025, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-025, filed 6/28/84.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-032   Definition -- Participating student.   As used in this chapter, the term "participating student" means a student in kindergarten through grade ((eleven (grade)) twelve ((beginning with the 2007-08 school year))) who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services and students in grades eleven and twelve who are at risk of not meeting state or local graduation requirements.

((Beginning with the 2007-08 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.))

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-032, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-032, filed 10/22/87.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-033   Definition -- Underachieving students.   As used in this chapter, the term "underachieving students" means students with the greatest academic deficits in basic skills as identified by the statewide assessments and assessments in the basic skills areas administered by the local school district.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-033, filed 12/21/06, effective 1/21/07.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-034   Accelerated learning plans.   Accelerated learning plans are to be developed and implemented for participating students. Accelerated learning plans may be developed as part of an existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students. Accelerated learning plans shall include:

(1) Achievement goals for students in the content area(s) served;

(2) Roles for the student(s), parents, or guardians and teachers in the plan;

(3) Communication procedures ((regarding student(s) accomplishment; and)) used to inform parents or guardians, and teachers of a student's accomplishments and progress toward achieving goals. These may include, but are not limited to:

(a) When conferences will occur;

(b) When grade and progress reports will be sent;

(c) How the parents may be contacted;

(d) How teachers and administrators may be contacted;

(e) Access to the web site and its contents;

(f) How to access grade reports on-line; and

(g) Other ongoing progress monitoring.

(4) Evidence of the accelerated student learning plan review and adjustment processes.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-034, filed 12/21/06, effective 1/21/07.]


NEW SECTION
WAC 392-162-036   Definition -- Extended learning opportunities.   As used in this chapter the term "extended learning opportunities" means a program of learning assistance in addition to the required basic education instruction designed to improve the educational performance of students selected under WAC 392-162-080.

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AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-054   Definition -- District eligibility and distribution of funds.   Each school district with an approved program is eligible for state funds provided for the learning assistance program. The funds shall be appropriated for the learning assistance program in accordance with the Biennial Appropriations Act. The distribution formula is for school district allocation purposes only. The distribution formula shall be based on one or more family income factors measuring economic need. ((In addition, increases in a school district's allocation above the 2004-05 school year level shall be directed as prescribed by the legislature (to grades nine and ten for the 2006-07 school year).))

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-054, filed 12/21/06, effective 1/21/07.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-060   District application.   Each district that seeks an allocation from the state for a learning assistance program shall submit an ((annual)) application by July 1st of each year, including the district program plan outlined in WAC 392-162-070, and an annual expenditure plan for approval on electronic forms provided by the superintendent of public instruction.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-060, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), 392-162-060, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-060, filed 6/28/84.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-068   Program plan.   By July 1st of each year, a participating school district shall submit the district's plan for using learning assistance funds to the office of the superintendent of public instruction for approval. Applications must be approved before funds are expended.

A school district must identify the program activities to be implemented from RCW 28A.165.035 and implement all of the elements in subsections (1) through (8) of this section. The school district plan shall include the following:

(1) District and school-level data ((on)) trends in reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law;

(2) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities;

(3) Assurance that accelerated learning plans are developed and implemented for participating students. Accelerated learning plans may be developed as part of an existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students;

(4) How state level and classroom assessments are used to inform LAP instruction;

(5) How focused and intentional instructional strategies have been identified and implemented in the LAP program;

(6) How highly qualified instructional staff are developed and supported in the program and in participating schools;

(7) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's strategic plan to support underachieving students; ((and))

(8) How a program evaluation will be conducted annually to determine direction for the following school year;

(9) A description of the extended learning opportunities for eligible eleventh and twelfth grade students who are at risk of not meeting local or state graduation requirements; and

(10) A description of the extended learning opportunities for eligible eighth grade students who have not met standard on the WASL or need additional assistance to successfully enter high school.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-068, filed 12/21/06, effective 1/21/07.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-072   Program plan -- Approved activities.   Through the identification of best practices, which maximize the opportunities for student success, services and activities which support the learning assistance program include:

(1) Extended learning time through extended day, week or year activities;

(2) Instructional services to provide extended learning opportunities for eligible eleventh and twelfth grade students who are at risk of not meeting local or state graduation requirements as well as eighth grade students not meeting standard on the Washington assessment of student learning (WASL) or need additional assistance for a successful entry into high school. The instruction services may include, but are not limited to, the following:

(a) Individual or small group instruction;

(b) Instruction in English language arts and/or mathematics that eligible students need to pass all or part of the Washington assessment of student learning;

(c) Inclusion in remediation programs, including summer school;

(d) Language development instruction for English language learners;

(e) On-line curriculum and instructional support, including programs for credit retrieval;

(3) Professional development for certificated and classified staff that focuses on the needs of diverse student populations, specific literacy and mathematics content and instructional strategies, and the use of student work to guide effective instruction;

(((3))) (4) Consultant teacher to assist in implementing effective instructional practices by teachers serving participating students;

(((4))) (5) Tutoring support for participating students; and

(((5))) (6) Outreach activities and support for parents of participating students.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-072, filed 12/21/06, effective 1/21/07.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-080   Program requirement -- Selection of students.   Students selected to participate in the learning assistance program shall be limited to those who:

(1) Are enrolled in grades kindergarten through ((eleven (grade)) twelve ((beginning with the 2007-08 school year)));

(2) Are performing below the state standard for his or her grade level;

(3) Have been identified in the approved district plan to receive services; ((and))

(4) Have been determined to have the greatest risk of not meeting the state's challenging content and performance standards; and

(5) Are in grades eleven or twelve and are at risk of not meeting state or local graduation requirements.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-080, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), 392-162-080, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-080, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-080, filed 6/28/84.]


AMENDATORY SECTION(Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)

WAC 392-162-105   Program requirement -- Program evaluation.   Evaluation procedures as outlined in WAC 392-162-110 shall be used annually by districts to evaluate the educational achievement of students receiving recommended services in the learning assistance program. Such evaluation for school districts in district improvement, or with one or more schools in school improvement status, shall annually review and evaluate program success in alignment with state and federal program school improvement program requirements.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-105, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 95-19-032 (Order 95-09), 392-162-105, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-105, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-105, filed 6/28/84.]

Washington State Code Reviser's Office