WSR 09-19-149

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 23, 2009, 11:02 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-15-155.

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

Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street, Olympia, WA 98504, on October 28, 2009, at 9 a.m.

Date of Intended Adoption: October 29, 2009.

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 October 25, 2009.

Assistance for Persons with Disabilities: Contact Wanda Griffin by October 25, 2009, 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 2008-09 legislative session to authorizing RCW 28A.165.075 and provide clarifying language.

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

Statutory Authority for Adoption: RCW 28A.165.075.

Statute Being Implemented: RCW 28A.165.075.

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

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Gayle Pauley, Office of Superintendent of Public Instruction, (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.

September 23, 2009

Randy I. Dorn

Superintendent of

Public Instruction

OTS-2694.1


AMENDATORY SECTION(Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)

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 opportunities to public school students in grades kindergarten through twelve 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 supplemental instruction and services; and

(4) Guide school districts in providing 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.165.075. 08-21-053, 392-162-010, filed 10/9/08, effective 11/9/08. 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 08-21-053, filed 10/9/08, effective 11/9/08)

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 twelve who do not meet state standards by providing supplemental instruction and services to those students.

[Statutory Authority: RCW 28A.165.075. 08-21-053, 392-162-020, filed 10/9/08, effective 11/9/08. 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 08-21-053, filed 10/9/08, effective 11/9/08)

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 underachieving students selected under WAC 392-162-080. The minimum allocation for the learning assistance program shall provide an extended school day and extended school year for each level of school and a per student allocation for maintenance, supplies, and operating costs.

[Statutory Authority: RCW 28A.165.075. 08-21-053, 392-162-036, filed 10/9/08, effective 11/9/08.]


AMENDATORY SECTION(Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)

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)) Omnibus Appropriations Act and RCW 28A.150.260. The distribution formula is for school district allocation purposes only, but funds appropriated for the learning assistance program must be expended for the purposes of RCW 28A.165.005 through 28A.165.065. The distribution formula shall be based on one or more family income factors measuring economic need.

[Statutory Authority: RCW 28A.165.075. 08-21-053, 392-162-054, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-054, filed 12/21/06, effective 1/21/07.]


AMENDATORY SECTION(Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)

WAC 392-162-060   District application.   Each district that seeks an allocation from the state for a learning assistance program shall submit an application or significant changes to a previously approved 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.165.075. 08-21-053, 392-162-060, filed 10/9/08, effective 11/9/08. 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 08-21-053, filed 10/9/08, effective 11/9/08)

WAC 392-162-068   Program plan.   ((By July 1st of each year,)) (1) 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 to the extent required under subsection (2) of this section. ((Applications must be approved before funds are expended.

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

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

(((2))) (b) 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)) (c) How 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. Accelerated learning plans shall include:

(i) Achievement goals for students;

(ii) Roles of the student, parents or guardians, and teachers in the plan;

(iii) Communication procedures regarding student accomplishments; and

(iv) Plan reviews and adjustments processes;

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

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

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

(((7))) (g) 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))) (h) 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)).

(2) If a school district has received approval of its plan once, it is not required to submit a plan for approval under RCW 28A.165.045 or this section unless the district has made a significant change to the plan. If a district has made a significant change to only a portion of the plan, the district need only submit a description of the change made and not the entire plan. Plans or descriptions of changes to the plan must be submitted by July 1st as required under this section. The office of the superintendent of public instruction shall establish guidelines for what a "significant change" is.

[Statutory Authority: RCW 28A.165.075. 08-21-053, 392-162-068, filed 10/9/08, effective 11/9/08. Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-068, filed 12/21/06, effective 1/21/07.]


AMENDATORY SECTION(Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)

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)) who 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;

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

(5) Tutoring support for participating students; and

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

[Statutory Authority: RCW 28A.165.075. 08-21-053, 392-162-072, filed 10/9/08, effective 11/9/08. 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 392-162-075   Program approval.   A participating school district shall ((annually)) submit a program plan to the office of the superintendent of public instruction for approval. The program plan must address all of the elements in RCW 28A.165.025 and identify the program activities to be implemented from RCW 28A.165.035.

School districts achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW shall have their program approved once the program plan and activities submittal is completed.

School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that are not in a state or federal program of school improvement shall be subject to program approval once the plan components are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan.

School districts with one or more schools in a state or federal program of school improvement shall have their plans and activities reviewed and approved in conjunction with the state or federal program school improvement program requirements.

The superintendent of public instruction shall review and approve each district's program. A district's learning assistance program shall not be implemented prior to approval. If a district does not make significant changes to its learning assistance plan, it is only required to develop and submit a new budget and inform the superintendent of public instruction that no significant changes to the program were made by July 1st. If significant program changes have been made, a new application must be submitted to the superintendent of public instruction. Examples of significant changes include, but are not limited to, changes in the required components in WAC 392-162-068, description of intended uses of funds and the amounts to be expended for approved activities in WAC 392-162-072, number of students to be served by content area and amounts distributed to individual buildings. These changes must be submitted to the superintendent of public instruction by July 1st.

[Statutory Authority: RCW 28A.300.070. 07-02-015, 392-162-075, filed 12/21/06, effective 1/21/07. Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), 392-162-075, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), 392-162-075, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), 392-162-075, filed 6/28/84.]

Washington State Code Reviser's Office