PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-23-115.
Title of Rule and Other Identifying Information: WAC 180-18-040 Waivers from minimum one hundred eighty-day school year requirement and student-to-teacher ratio requirement and 180-18-050 Procedure to obtain waiver.
Hearing Location(s): Highline Community College, 2400 South 240th Street, Des Moines, WA 98198, (206) 878-3710, http://www.highline.edu/home/maps/, on March 17, 2010, at 11:45 a.m.
Date of Intended Adoption: March 18, 2010.
Submit Written Comments to: Brad Burnham, Washington State Board of Education, P.O. Box 47206, 600 Washington Street, Olympia, WA 98504-7206, e-mail brad.burnham@k12.wa.us, fax (360) 586-2357, by March 8, 2010.
Assistance for Persons with Disabilities: Contact Brad Burnham by March 8, 2010, TTY (360) 664-3631 or (360) 725-6025.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments to WAC 180-18-040 provide for the development and implementation of a waiver from the one hundred eighty-day school year requirement by an eligible school district that does not require the state board of education's approval. The requirements for obtaining this type of waiver are set forth in the proposed amendments to WAC 180-18-050. Additionally, the amendments to WAC 180-18-050 provide for thirty days advance notice to the board of a school district's intent to implement a plan providing for a waiver; a report by the district to the board ninety days after completion of the district's plan; and the requirements for eligibility for a subsequent waiver. A school district that does not meet the requirements for the proposed waiver will continue to have the option of submitting a request to the board for approval of a waiver from the one hundred eighty-day school year requirement under subsection (1) of WAC 180-18-040 and 180-18-050. The proposed amendments to subsection (2) of WAC 180-18-050 require that the application for a waiver to the board must now be received at least fifty days prior to the board's meeting at which it will be considered. The current rule provides for the application to be received within thirty days of the board's meeting.
Statutory Authority for Adoption: RCW 28A.305.140 and 28A.655.180.
Statute Being Implemented: RCW 28A.305.140, 28A.655.180.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state board of education, governmental.
Name of Agency Personnel Responsible for Drafting: Brad Burnham, 600 Washington Street, Olympia, WA 98504-7206, (360) 725-6029; Implementation and Enforcement: Edie Harding, 600 Washington Street, Olympia, WA 98504-7206, (360) 725-6025.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required.
A cost-benefit analysis is not required under RCW 34.05.328.
February 1, 2010
Edith W. Harding
Executive Director
OTS-3028.1
AMENDATORY SECTION(Amending WSR 07-20-030, filed 9/24/07,
effective 10/25/07)
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 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 that is not otherwise ineligible as identified under WAC 180-18-050 (3)(b) may develop and implement a plan that meets the program requirements identified under WAC 180-18-050(3) to improve student achievement by enhancing the educational program for all students in the district or for individual schools in the district 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.
(3) A district desiring to 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: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6), 28A.655.180. 07-20-030, § 180-18-040, filed 9/24/07, effective 10/25/07. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. 95-20-054, § 180-18-040, filed 10/2/95, effective 11/2/95.]
(2) The application for a waiver and all supporting
documentation must be received by the state board of education
at least ((thirty)) fifty 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.
(3)(a) Under this section, a district meeting the eligibility requirements may develop and implement a plan that meets the program requirements identified under this section and any additional guidelines developed by 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. The plan must be designed to improve student achievement by enhancing the educational program for all students in the district or for individual schools in the district 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. This section will remain in effect only through August 31, 2018. Any plans for the use of waived days authorized under this section may not extend beyond August 31, 2018.
(b) A district identified by the superintendent of public instruction as having persistently low achieving schools will not be eligible to develop and implement a plan under this section.
(c) A district shall involve staff, parents, and community members in the development of the plan.
(d) The plan can span a maximum of three school years.
(e) The plan shall be consistent with the district's improvement plan and the improvement plans of its schools.
(f) A district shall hold a public hearing and have the school board approve the final plan in resolution form.
(g) The maximum number of waived days that a district may use is dependent on the number of learning improvement days, or their equivalent, funded by the state for any given school year. For any school year, a district may use a maximum of three waived days if the state does not fund any learning improvement days. This maximum number of waived days will be reduced for each additional learning improvement day that is funded by the state. When the state funds three or more learning improvement days for a school year, then no days may be waived under this section.
| Scenario | Number of learning improvement days funded by state for a given school year | Maximum number of waived days allowed under this section for the same school year |
| A | 0 | 3 |
| B | 1 | 2 |
| C | 2 | 1 |
| D | 3 or more | 0 |
(i) Increasing student achievement on state assessments in reading, mathematics, and science for all grades tested;
(ii) Reducing the achievement gap for student subgroups;
(iii) Improving on-time and extended high school graduation rates (only for districts containing high schools).
(i) Under this section, a district shall only use one or more of the following strategies in its plan to use waived days:
(i) Use evaluations that are based in significant measure on student growth to improve teachers' and school leaders' performance;
(ii) Use data from multiple measures to identify and implement comprehensive, research-based, instructional programs that are vertically aligned from one grade to the next as well as aligned with state academic standards;
(iii) Promote the continuous use of student data (such as from formative, interim, and summative assessments) to inform and differentiate instruction to meet the needs of individual students;
(iv) Implement strategies designed to recruit, place, and retain effective staff;
(v) Conduct periodic reviews to ensure that the curriculum is being implemented with fidelity, is having the intended impact on student achievement, and is modified if ineffective;
(vi) Increase graduation rates through, for example, credit-recovery programs, smaller learning communities, and acceleration of basic reading and mathematics skills;
(vii) Establish schedules and strategies that increase instructional time for students and time for collaboration and professional development for staff;
(viii) Institute a system for measuring changes in instructional practices resulting from professional development;
(ix) Provide ongoing, high-quality, job-embedded professional development to staff to ensure that they are equipped to provide effective teaching;
(x) Develop teacher and school leader effectiveness;
(xi) Implement a school-wide "response-to-intervention" model;
(xii) Implement a new or revised instructional program;
(xiii) Improve student transition from middle to high school through transition programs or freshman academies;
(xiv) Develop comprehensive instructional strategies;
(xv) Extend learning time and community oriented schools.
(j) The plan must not duplicate activities and strategies that are otherwise provided by the district through the use of early-release days.
(k) A district shall provide notification to the state board of education thirty days prior to implementing a new plan. The notification shall include the approved plan in resolution form signed by the superintendent, the chair of the school board, and the president of the local education association; include a statement indicating the number of certificated employees in the district and that all such employees will be participating in the strategy or strategies implemented under the plan for a day that is subject to a waiver, and any other required information. The approved plan shall, at least, include the following:
(i) Members of the plan's development team;
(ii) Dates and locations of public hearings;
(iii) Number of school days to be waived and for which school years;
(iv) Number of early-release days to be eliminated, if applicable;
(v) Description of the measures and standards used to determine success and identification of expected benchmarks and results;
(vi) Description of how the plan aligns with the district and school improvement plans;
(vii) Description of the content and process of the strategies to be used to meet the goals of the waiver;
(viii) Description of the innovative nature of the proposed strategies;
(ix) Details about the collective bargaining agreements, including the number of professional development days (district-wide and individual teacher choice), full instruction days, early-release days, and the amount of other noninstruction time; and
(x) Include how all certificated staff will be engaged in the strategy or strategies for each day requested.
(l) Within ninety days of the conclusion of an implemented plan a school district shall report to the state board of education on the degree of attainment of the plan's expected benchmarks and results and the effectiveness of the implemented strategies. The district may also include additional information, such as investigative reports completed by the district or third-party organizations, or surveys of students, parents, and staff.
(m) A district is eligible to create a subsequent plan under this section if the summary report of the enacted plan shows improvement in, at least, the following plan's expected benchmarks and results:
(i) Increasing student achievement on state assessments in reading and mathematics for all grades tested;
(ii) Reducing the achievement gap for student subgroups;
(iii) Improving on-time and extended high school graduation rates (only for districts containing high schools).
(n) A district eligible to create a subsequent plan shall follow the steps for creating a new plan under this section. The new plan shall not include strategies from the prior plan that were found to be ineffective in the summary report of the prior plan. The summary report of the prior plan shall be provided to the new plan's development team and to the state board of education as a part of the district's notification to use a subsequent plan.
(o) A district that is ineligible to create a subsequent plan under this section may submit a request for a waiver to the state board of education under WAC 180-18-040(1) and subsections (1) and (2) of this section.
[Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6), 28A.655.180. 07-20-030, § 180-18-050, filed 9/24/07, effective 10/25/07. 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.]