WSR 10-19-115

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed September 21, 2010, 1:51 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-11-115.

Title of Rule and Other Identifying Information: E2SSB 6696, 61st legislature, reg. sess. (Washington 2010) authorizes the state board of education (SBE) to adopt rules in accordance with chapter 34.05 RCW as necessary to implement this session law.

Hearing Location(s): New Market Skills Center, 7299 New Market Street S.W., Tumwater, WA 98501, http://newmarketskills.com, on November 9, 2010, at 11:40 a.m.

Date of Intended Adoption: November 10, 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 October 26, 2010.

Assistance for Persons with Disabilities: Contact Brad Burnham by October 26, 2010, TTY (360) 664-3631 or (360) 725-6025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The SBE will adopt rules necessary to implement the accountability framework contained in Part I of E2SSB 6696 that will include developing: 1. A schedule and the process for local school district superintendents and local boards of required action districts to submit a required action plan to SBE; and 2. The procedure for SBE to approve a required action plan proposed by a school district.

Statutory Authority for Adoption: RCW 28A.657.120.

Statute Being Implemented: RCW 28A.657.120.

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 cost-benefit analysis is not required under RCW 34.05.328.

September 20, 2010

Edith W. Harding

Executive Director

OTS-3662.1

Chapter 180-17 WAC

ACCOUNTABILITY


NEW SECTION
WAC 180-17-010   Designation of required action districts.   In January of each year, the state board of education shall designate as a required action district a school district recommended by the superintendent of public instruction for such designation.

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NEW SECTION
WAC 180-17-020   Process for submittal and approval of required action plan.   (1) Except as otherwise provided in WAC 180-17-030, school districts designated as required action districts by the state board of education shall develop a required action plan according to the following schedule:

(a) By April 15th of the year in which the district is designated, a school district shall submit a required action plan to the superintendent of public instruction to review and approve that the plan is consistent with federal guidelines for the receipt of a School Improvement Grant. The required action plan must comply with all of the requirements set forth in RCW 28A.657.050.

(b) By May 1st of the year in which the district is designated, a school district shall submit a required action plan approved by the superintendent of public instruction to the state board of education for approval.

(2) The state board of education shall, by May 15th of each year, either:

(a) Approve the school district's required action plan; or (b) Notify the school district that the required action plan has not been approved stating the reasons for the disapproval. (3) A school district notified by the state board of education that its required action plan has not been approved under subsection (2)(a) of this section shall either:

(a) Submit a new required action plan to the superintendent of public instruction and state board of education for review and approval within forty days of notification that its plan was rejected. The state board of education shall approve the school district's required action plan by no later than July 15th if it meets all of the requirements set forth in RCW 28A.657.050; or

(b) Submit a request to the required action plan review panel established under RCW 28A.657.070 for reconsideration of the state board's rejection within ten days of the notification that the plan was rejected. The review panel shall consider and issue a decision regarding a district's request for reconsideration to the state board of education by no later than June 10th. The state board of education shall consider the recommendations of the panel and issue a decision in writing to the school district and the panel by no later than June 20th. If the state board of education accepts the changes to the required action plan recommended by the panel, the school district shall submit a revised required action plan to the superintendent of public instruction and state board of education by July 30th. The state board of education shall approve the plan by no later than August 10th if it incorporates the recommended changes of the panel.

(4) If the review panel issues a decision that reaffirms the decision of the state board of education rejecting the school district's required action plan, then the school district shall submit a revised plan to the superintendent of public instruction and state board of education within twenty days of the panel's decision. The state board of education shall approve the district's required action plan by no later than July 15th if it meets all of the requirements set forth in RCW 28A.657.050.

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NEW SECTION
WAC 180-17-030   Process for submittal and approval of a required action plan when mediation or superior court review is involved.   (1) By April 1st of the year in which a school district is designated for required action, it shall notify the superintendent of public instruction and the state board of education that it is pursuing mediation with the public employment relations commission in an effort to agree to changes to terms and conditions of employment to a collective bargaining agreement that are necessary to implement a required action plan. Mediation with the public employment relations commission must commence no later than April 15th.

(2) If the parties are able to reach agreement in mediation, the following timeline shall apply:

(a) A school district shall submit its required action plan according to the following schedule:

(i) By June 1st, the school district shall submit its required action plan to the superintendent of public instruction for review and approval as consistent with federal guidelines for the receipt of a School Improvement Grant.

(ii) By June 10th, the school district shall submit its required action plan to the state board of education for approval.

(b) The state board of education shall, by June 15th of each year, approve a plan proposed by a school district only if the plan meets the requirements in RCW 28A.657.050 and provides sufficient remedies to address the findings in the academic performance audit to improve student achievement.

(3) If the parties are unable to reach an agreement in mediation, the school district shall file a petition with the superior court for a review of any disputed issues under the timeline prescribed in RCW 28A.657.050. After receipt of the superior court's decision, the following timeline shall apply:

(a) A school district shall submit its revised required action plan according to the following schedule:

(i) By June 30th, the school district shall submit its revised required action plan to the superintendent of public instruction for review and approval as consistent with federal guidelines for the receipt of a School Improvement Grant.

(ii) By July 7th, the school district shall submit its revised required action plan to the state board of education for approval.

(b) The state board of education shall, by July 15th of each year, approve a plan proposed by a school district only if the plan meets the requirements in RCW 28A.657.050 and provides sufficient remedies to address the findings in the academic performance audit to improve student achievement.

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NEW SECTION
WAC 180-17-040   Failure to submit or receive approval of a required action plan.   The state board of education shall direct the superintendent of public instruction to require a school district that has not submitted a final required action plan for approval, or has submitted but not received state board of education approval of a required action plan by the beginning of the school year in which the plan is intended to be implemented, to redirect the district's Title I funds based on the academic performance audit findings.

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NEW SECTION
WAC 180-17-050   Release of a school district from designation as a required action district.   (1) The state board of education shall release a school district from designation as a required action district upon recommendation by the superintendent of public instruction, and confirmation by the board, that the district has met the requirements for release set forth in RCW 28A.657.100.

(2) If the board determines that the required action district has not met the requirements for a release in RCW 28A.657.100, the school district shall remain in required action and submit a new or revised required action plan under the process and timeline as prescribed in WAC 180-17-020 or 180-17-030.

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Washington State Code Reviser's Office