Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-23-124.

     Title of Rule and Other Identifying Information: WAC 392-121-182 Alternative learning experience requirements.

     Hearing Location(s): Brouillet Conference Room, Office of the Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 South Washington, Olympia, WA, on April 26, 2011, at 10:00 a.m.

     Date of Intended Adoption: April 26, 2011.

     Submit Written Comments to: Becky McLean, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail becky.mclean@k12.wa.us, fax (360) 664-3683, by April 25, 2011.

     Assistance for Persons with Disabilities: Contact Wanda Griffin, by April 25, 2011, TTY (360) 664-3631 or (360) 725-6132.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI has worked with stakeholders of alternative learning experience (ALE) with the goal of reviewing the existing ALE rules (WAC 392-121-182) and providing input, guidance and recommendations for amending these rules in order to:

     •     Update ALE requirements,

     •     Provide flexibility in program design and implementation,

     •     And continue fostering individualized learning.

     The result is OSPI's proposed rule change.

     Reasons Supporting Proposal: This rule change updates district requirements and responsibilities, defines the key terms related to ALE, and addresses a number of issues that were highlighted by the workgroup.

     Statutory Authority for Adoption: RCW 28A.150.305.

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

     Name of Proponent: OSPI, governmental.

     Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: Calvin W. Brodie, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: Shawn Lewis, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6292.

     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.

March 22, 2011

Randy Dorn

State Superintendent

OTS-3923.2

AMENDATORY SECTION(Amending WSR 09-06-038, filed 2/25/09, effective 3/28/09)

WAC 392-121-182   Alternative learning experience requirements.   (1) ((An)) Purposes: The purposes of this section are the following:

     (a) To ensure that students enrolled in an alternative learning experience ((may be counted as a course of study.)) offered by a school district have available to them educational opportunities designed to meet their individual needs;

     (b) To provide general program requirements for alternative learning experiences ((may make)) offered by or through school districts;

     (c) To provide a method for determining full-time equivalent enrollment and a process school districts must use ((of digital and/or on-line curricula, and may be delivered over the internet or using other electronic means.)) when claiming state funding for alternative learning experiences.

     (2) General requirements: A school district must meet the requirements of this section to count an alternative learning experience as a course of study pursuant to WAC 392-121-107. This section applies solely to school districts claiming state funding pursuant to WAC 392-121-107 for an alternative learning experience ((may also include significant participation by students, parents, and families in the design and implementation of a student's learning experience. This section provides an alternative method of determining full-time equivalent enrollment and claiming state funding for public school learning experiences that are:

     (a) Individual)), including an alternative learning experience on-line program as defined in RCW 28A.150.262. It is not intended to apply to alternative learning experiences funded exclusively with federal or local resources.

     (3) Definitions: For the purposes of this section the following definitions apply:

     (a) "Alternative learning experience" means:

     (i) A course or a set of courses ((of study for students)) developed by a certificated teacher and documented in an individual written student learning plan for any student who meets the definition for enrollment specified by WAC 392-121-106. A student((s)) may enroll part-time in an alternative learning experience((s)). Such enrollment ((shall be)) is subject to the provisions of RCW 28A.150.350 and chapter 392-134 WAC; and

     (((b))) (ii) The student pursues the requirements of the written student learning plan in whole or in part independently from a regular attendance-based instructional classroom setting, although the learning plan may include direct instructional components; and

     (iii) The student's learning is supervised, monitored, ((assessed, and)) evaluated ((by school staff. As used in this section, "school staff")), and documented by a certificated teacher.

     (b) "Certificated teacher" means ((certificated instructional staff of the)) an employee of a school district, or of a school district contractor pursuant to WAC 392-121-188, who is assigned and endorsed according to the provisions of chapter 181-82 WAC((, or a contractor pursuant to WAC 392-121-188));

     (c) ((Provided in accordance with)) "Written student learning plan" means a written plan for learning that is developed by a certificated teacher that defines the requirements of an individual student's alternative learning experience ((plan that is implemented pursuant to)). The written student learning plan must include at least the following elements:

     (i) A beginning and ending date for the student's alternative learning experience;

     (ii) An estimate by a certificated teacher of the average number of hours per week the student will engage in learning activities to meet the requirements of the written student learning plan. This estimate must consider only the time the student will engage in learning activities necessary to accomplish the learning goals and performance objectives specified in the written student learning plan.

     (iii) A description of how weekly direct personal contact requirements will be fulfilled;

     (iv) A description of each alternative learning experience course included as part of the learning plan, including specific learning goals, performance objectives, and learning activities for each course, written in a manner that facilitates monthly evaluation of student progress. This requirement may be met through the use of individual course syllabi or other similarly detailed descriptions of learning requirements. The description must clearly identify the requirements a student must meet to successfully complete the course or program. Courses must be identified using course names, codes, and designators specified in the most recent Comprehensive Education Data and Research System data manual published by the office of superintendent of public instruction;

     (v) Identification of the certificated teacher responsible for each course included as part of the plan;

     (vi) Identification of all instructional materials that will be used to complete the learning plan; and

     (vii) A description of the timelines and methods for evaluating student progress toward the learning goals and performance objectives specified in the learning plan;

     (viii) Identification of whether each alternative learning experience course meets one or more of the state essential academic learning requirements or grade-level expectations and any other academic goals, objectives, and learning requirements defined by the school district ((board's policy for)). For each high school alternative learning ((experiences; and

     (d) Provided in whole or part, outside the regular classroom setting, including those learning experiences provided digitally via the internet or other electronic means.

     This section sets forth the standards, procedures, and requirements for state funded alternative learning experiences. This section is not intended to prevent or limit alternative education programs provided by a school district with federal or local resources.

     An alternative learning experience may be counted as a course of study pursuant to WAC 392-121-107 if the following requirements are met:

     (2))) experience course, the written student learning plan must specify whether the course meets state and district graduation requirements.

     (d) "Direct personal contact" means a one-to-one meeting between a certificated teacher and the student, or, where appropriate, between the certificated teacher, the student, and the student's parent. Direct personal contact can be accomplished in person or through the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication. Direct personal contact must be for the purposes of instruction, review of assignments, testing, evaluation of student progress, or other learning activities or requirements identified in the written student learning plan, and must at minimum include a two-way exchange of information between a certificated teacher and the student. All required direct personal contact must be documented.

     (e) "Satisfactory progress" means a certificated teacher has determined that a student's progress toward achieving the specific learning goals and performance objectives specified in the written student learning plan is satisfactory. The evaluation of satisfactory progress is conducted in a manner consistent with school district student evaluation or grading procedures, and is based on the professional judgment of a certificated teacher;

     (f) "Intervention plan" means a plan designed to improve the progress of students determined to be not making satisfactory progress. An intervention plan must be developed, documented, and implemented by a certificated teacher in conjunction with the student and, for students in grades K-8, the student's parent(s). At minimum, the intervention plan must include at least one of the following interventions:

     (i) Increasing the frequency or duration of direct personal contact for the purposes of enhancing the ability of the certificated teacher to improve student learning;

     (ii) Modifying the manner in which direct personal contact is accomplished;

     (iii) Modifying the student's learning goals or performance objectives;

     (iv) Modifying the number of or scope of courses or the content included in the learning plan.

     (g) "Parent" has the same definition as "parent" in WAC 392-172A-01125.

     (4) Alternative learning experience program requirements:

     (a) Each student participating in an alternative learning experience must have a written student learning plan developed by a certificated teacher that is designed to meet the student's individual educational needs. A certificated teacher must have responsibility and accountability for each course specified in the plan, including supervision and monitoring, and evaluation and documentation of the student's progress. The written student learning plan may be developed with assistance from the student, the student's parents, or other interested parties.

     (b) Each student enrolled in an alternative learning experience must have direct personal contact with a certificated teacher at least once a week, until the student completes all course objectives or otherwise meets the requirements of the learning plan.

     (c) The educational progress of each student enrolled in an alternative learning experience must be evaluated at least once each calendar month of enrollment by a certificated teacher and the results of each evaluation must be communicated to the student or, if the student is in grades K-8, both the student and the student's parent. Educational progress must be evaluated according to the following requirements:

     (i) Each student's educational progress evaluation must be based on the learning goals and performance objectives defined in the written student learning plan.

     (ii) The progress evaluation conducted by a certificated teacher must include direct personal contact with the student.

     (iii) Based on the progress evaluation, a certificated teacher must determine and document whether the student is making satisfactory progress reaching the learning goals and performance objectives defined in the written student learning plan.

     (iv) If it is determined that the student failed to make satisfactory progress or that the student failed to follow the written student learning plan, an intervention plan must be developed for the student.

     (v) If after no more than three consecutive calendar months in which it is determined the student is not making satisfactory progress despite documented intervention efforts, a course of study designed to more appropriately meet the student's educational needs must be developed and implemented by a certificated teacher in conjunction with the student and where possible, the student's parent. This may include removal of the student from the alternative learning experience and enrollment of the student in another educational program offered by the school district.

     (5) Required school district board policies for alternative learning experiences: The board of directors of a school district claiming state funding for alternative learning experiences ((shall)) must adopt and annually review written policies ((for)) authorizing such alternative learning experiences, including each alternative learning experience program and program provider ((that:

     (a) Require a written plan for each student participating in an alternative learning experience that meets the minimum criteria pursuant to subsection (4) of this section;

     (b) Require that the overall ratio of certificated instructional staff to full-time equivalent students enrolled in alternative learning experience programs and courses, including those that rely primarily on digital curriculum, be identified and approved by the school district board of directors in a public meeting;

     (c) Describe how student performance will be supervised, monitored, assessed, evaluated, and recorded by school staff. Such description shall include methods for periodic grade reporting, if different from existing school district)). The policy((;

     (d) Require each student enrolled in an alternative learning experience to have direct personal contact with school staff at least weekly, until the student completes the course objectives or the requirements of the learning plan. Direct personal contact shall be for the purposes of instruction, review of assignments, testing, reporting of student progress, or other learning activities. Direct personal contact means a face-to-face meeting with the student and, where appropriate, the student's parent or guardian. In establishing policies for alternative learning experience programs and program providers, the school district board of directors may determine that direct personal contact can be accomplished through the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication, instead of a face-to-face meeting, if in the judgment of the board such contact methods do not compromise educational quality, student health and safety, or the fiscal integrity of the district;

     (e) Require that each student's educational progress be reviewed at least monthly and that the results of each review be communicated to the student and if the student is in grades K–8, the student's parent or guardian;

     (f) At the discretion of the school district board, the policy may describe responsibilities of the student's parent(s) or guardian including, but not limited to:

     (i) Approval of the written alternative learning experience plan;

     (ii) Responsibility for the parent(s) or guardian to provide or implement a portion of the student's alternative learning experience under the supervision of school staff, if the parent(s) or guardian agrees; and

     (iii) Requirements to meet with school staff for purposes of evaluating the student's performance and/or receiving instructions on assisting with the student's alternative learning experience. The school district board may also prescribe requirements for appointing a person to provide or supervise a portion of the student's alternative learning experience in the event the student's parent(s) or guardian will not or cannot be a participant in the student's alternative learning experience;

     (g) Designate)) must designate, by title, one or more school district official(s) responsible for ((approving specific)) overseeing the district's alternative learning experience courses or programs ((or courses)), including monitoring compliance with this section, and reporting at least annually to the school district board of directors on the program. This annual report shall include at least the following:

     (((i))) (a) Documentation of alternative learning experience student headcount and full-time equivalent enrollment claimed for basic education funding;

     (((ii) A description)) (b) Identification of ((how certificated and classified staff are assigned program management and instructional responsibilities that maximize student learning, including)) the overall ratio of certificated instructional staff to full-time equivalent students enrolled in each alternative learning experience program;

     (((iii) A description of how a written student learning plan pursuant to subsection (4) of this section, is developed, and student performance supervised and evaluated, by certificated staff;

     (iv))) (c) A description of how the program supports the district's overall goals and objectives for student academic achievement; and

     (((v))) (d) Results of any self-evaluations conducted pursuant to subsection (((7))) (9) of this section((;

     (h) Satisfy the office of superintendent of public instruction's requirements for courses of study and equivalencies (chapter 392-410 WAC);

     (i) For alternative learning experience courses offering credit, or for alternative learning experience programs issuing a high school diploma, satisfy the state board of education's high school graduation requirements (chapter 180-51 WAC); and

     (j) Identify what, if any, expenditures which are directly related to the written student learning plan and are paid by participants of an alternative learning experience may be subject to reimbursement by the district)).

     (((3))) (6) Alternative learning experience implementation ((standards)) requirements:

     (a) School districts that offer alternative learning experiences ((shall be)) must ensure that they are accessible to all students, including ((those)) students with disabilities. Alternative learning experiences for special education students ((shall)) must be provided in accordance with chapter 392-172A WAC.

     (b) Contracting for alternative learning experiences is subject to the provisions of WAC 392-121-188.

     (c) It is the responsibility of the school district or school district contractor to ensure that students have all curricula, course content, instructional materials((, and other learning resources essential to successfully complete the requirements of the written student learning plan. Curricula, course content, instructional materials, and other learning resources for alternative learning experiences shall at minimum be consistent in quality with those available to the district's overall student population. Instructional materials shall be provided in accordance with RCW 28A.320.230)) and learning activities that are identified in the alternative learning experience written student learning plan.

     (((c) Work-based learning as a component of)) (d) School districts must ensure that no student or parent is provided any compensation, reimbursement, gift, reward, or gratuity related to the student's enrollment or participation in, or related to another student's recruitment or enrollment in, an alternative learning experience unless otherwise required by law.

     (e) Curricula, course ((of study shall be subject to the provisions of WAC 392-410-315)) content, instructional materials, learning activities, and ((392-121-124.

     (d) Contracting)) other learning resources for alternative learning experiences ((shall be subject)) must be consistent in quality with those available to the ((provisions of WAC 392-121-188 and)) district's overall student population.

     (f) Instructional materials used in alternative learning experiences must be approved pursuant to school board policies adopted in accordance with RCW ((28A.150.305)) 28A.320.230.

     (((e))) (g)(i) A school district that provides one or more alternative learning experiences to a student ((shall)) must provide the parent(s) ((or guardian)) of the student, prior to the student's enrollment, with a description of the difference between home-based instruction pursuant to chapter 28A.200 RCW and the enrollment option selected by the student. The parent ((or guardian shall)) must sign documentation attesting to his or her understanding of the difference ((and the)). Such documentation ((shall)) must be retained by the district and made available for audit.

     (((f) The school district shall)) (ii) In the event a school district cannot locate a student's parent within three days of a student's request for enrollment in an alternative learning experience, the school district may enroll the student for a conditional period of no longer than thirty calendar days. The student must be disenrolled from the alternative learning experience if the school district does not obtain the documentation required under this subsection before the end of the thirty day conditional enrollment period.

     (h) The school district or school district contractor is prohibited from advertising, marketing, and otherwise providing unsolicited information about learning programs offered by the school district including, but not limited to, digital learning programs, part-time enrollment opportunities, and other alternative learning programs, to students and their parents who have filed a declaration of intent to cause a child to receive home-based instruction under RCW 28A.200.010. School districts may respond to requests for information that are initiated by a parent. This prohibition does not apply to general mailings, newsletters, or other general communication distributed by the school district or the school district contractor to all households in the district.

     (i) Work-based learning as a component of an alternative learning experience course of study is subject to the provisions of WAC 392-410-315 and 392-121-124.

     (j) The school district must institute reliable methods to verify a student is doing his or her own work. The methods may include proctored examinations or projects, including the use of web cams or other technologies. "Proctored" means directly monitored by an adult authorized by the school district.

     (((g))) (k) State funded alternative learning experience on-line programs must be accredited by the Northwest Accreditation Commission or another national, regional, or state accreditation program listed by the office of superintendent of public ((schools or public)) instruction on its web site.

     (l) School districts may accept nonresident students under the school ((programs whose primary purpose is to provide)) choice enrollment provisions of RCW 28A.225.200 through 28A.225.230 and chapter 392-137 WAC for enrollment in alternative learning experiences ((using digital or on-line means shall be accredited through the state accreditation program or through the regional accreditation program.

     (4) Written student learning plan: Each student enrolled in an alternative learning experience course of study shall have a written student learning plan designed to meet the student's individual educational needs. The written student learning plan may be developed in partnership with the student, the student's parents, and other interested parties, with recognition that school staff has the primary responsibility and accountability for the plan, including supervision and monitoring, and evaluation and assessment of the student's progress. The written student learning plan shall include, but not be limited to, the following elements:

     (a) A beginning and ending date for the learning experience;

     (b) An estimate of the average number of hours per week that the student will engage in learning activities to meet the requirements of the student learning plan. This estimate may be used in reporting enrollment in compliance with subsection (5) of this section and must be based upon the criteria in subsection (6) of this section;

     (c) A description of how weekly contact requirements will be fulfilled;

     (d) A description of the specific learning goals and performance objectives of the)). School districts enrolling such students in alternative learning experiences are subject to all school district duties and liabilities pertaining to such students for the full school year, including ensuring the student's compulsory attendance pursuant to chapter 28A.225 RCW, until such time as the student has actually enrolled in another school district, or has otherwise met the mandatory attendance requirements specified by RCW 28A.225.010.

     (m) The alternative learning experience must satisfy the office of superintendent of public instruction's requirements for courses of study and equivalencies as provided in chapter 392-410 WAC;

     (n) Alternative learning experience((. This requirement may be met through the use of course syllabi or other similarly detailed descriptions of learning requirements. The description shall clearly identify the requirements a student must meet to successfully complete the course or program;

     (e) Identification of instructional materials essential to successful completion of the learning plan; and

     (f) A description of the timelines and methods for evaluating student progress toward the learning goals and performance objectives specified in the learning plan.

     The written student learning plan shall identify whether the alternative learning experience meets one or more of the state essential academic learning requirements or any other academic goals, objectives, and learning requirements defined by the school district. For)) courses offering credit or alternative learning experience programs issuing a high school ((alternative learning experience,)) diploma must satisfy the ((plan shall specify whether the experience meets)) state board of education's high school credit and ((district)) graduation requirements as provided in chapter 180-51 WAC.

     (((5))) (7) Enrollment reporting procedures: Effective the ((2005–06)) 2011-12 school year, the full-time equivalency of students enrolled in an alternative learning experience ((programs shall)) must be determined as follows:

     (a) ((Using)) The school district must use the definition of full-time equivalent student in WAC 392-121-122 and the number of hours the student is expected to engage in learning activities as follows:

     (i) On the first enrollment count date on or after the start date specified in the written student learning plan, subject to documented evidence of student participation as required by WAC 392-121-106(4), the student's full-time equivalent must be based on the estimated average weekly hours of learning activity described in the student's written student learning plan((;)).

     (ii) On any subsequent monthly count date((s)), the student's full-time equivalent must be based on the estimated average weekly hours of learning activity described in the written student learning plan if:

     (A) The student's progress ((review)) evaluation pursuant to subsection (((6))) (4)(c) of this section indicates satisfactory progress((, the student's full-time equivalent shall be based on the estimated average weekly hours of learning activity identified in the student learning plan)); or

     (B) The student's prior month progress evaluation pursuant to subsection (4)(c) of this section indicates a lack of satisfactory progress, and an intervention plan designed to improve student progress has been developed, documented, and implemented within five school days of the date of the prior month's progress evaluation.

     (iii) ((If the student's progress review indicates a lack of satisfactory progress, the student's full-time equivalent shall be based on the estimated average weekly hours of learning activity described in the student learning plan, and the actual number of hours the student engages in learning activity pursuant to)) On any subsequent monthly count date if an intervention plan has not been developed, documented, and implemented within five days of the ((written student learning plan shall be documented during)) prior month's progress evaluation, the ((ensuing month. Documented hours shall encompass only time spent on those learning activities intended to accomplish the learning goals and performance objectives identified in the written student learning plan, shall meet the following criteria and shall be verified)) student's full-time equivalent must not be included by the school district ((staff:

     (A) Those hours of classroom instruction provided by school staff;

     (B) Those hours of work based learning calculated in accordance with WAC 392-121-107 (1)(f);

     (C) Those hours of learning activity other than those specified in (a)(iii)(A), (B) and (D) of this subsection)) in that ((are conducted and supervised by the student's parent(s) or guardian, or other person as designated by the written plan; and)) month's enrollment count.

     (((D) Those hours that the student participates in learning activities other than those specified in (a)(iii)(A), (B) and (C) of this subsection. If the student is in grades K–8, such learning activity shall be supervised by the student's parent(s) or guardian or other person designated by the written student learning plan;))

     (iv) ((On subsequent monthly count dates, if the student's progress review indicates a lack of satisfactory progress, the student's full-time equivalent shall be based on the actual average weekly hours of learning activity documented during the prior month;

     (v))) Enrollment of part-time students ((shall be)) is subject to the provisions of RCW 28A.150.350, and ((shall generate the)) generates a pro rata share of full-time funding.

     (b) The enrollment count ((shall)) must exclude students meeting the definition of enrollment exclusions in WAC 392-121-108 or students who have not had direct personal contact with ((school staff)) a certificated teacher for twenty consecutive school days. Any such student ((shall)) must not be counted as an enrolled student until the student has met with ((appropriate school staff)) a certificated teacher and resumed participation in their alternative learning experience or ((participated)) is participating in another course of study as defined in WAC 392-121-107;

     (c) The enrollment count must exclude students who are not residents of Washington state as defined by WAC 392-137-115.

     (d) The enrollment count must exclude students who as of the enrollment count date have completed the requirements of the written student learning plan prior to ending date specified in the plan and who have not had a new written student learning plan established with a new beginning and ending date that encompasses the count date;

     (e) School districts providing alternative learning experiences to nonresident students ((shall)) must document the district of the student's physical residence, and shall establish procedures that address, at a minimum, the coordination of student counting for state funding so that no student is counted for more than one full-time equivalent in the aggregate((.

     (6) Accountability for student performance:

     (a) At minimum, students enrolled in)) including, but not limited to:

     (i) When a resident district and one or more nonresident district(s) will each be claiming basic education funding for a student in the same month or months, the districts shall execute a written agreement that at minimum identifies the maximum aggregate basic education funding each district may claim for the duration of the agreement. A nonresident district may not claim funding for a student until after the effective date of the agreement.

     (ii) When a district is providing alternative learning experiences ((shall have their educational performance evaluated according to the following process and schedule:

     (i) Each student's educational progress shall be reviewed at least once per month. The progress review shall be based on the learning goals and performance objectives defined in the written student learning plan.

     (ii) The progress review shall be conducted by)) to nonresident students under the school ((staff and shall include direct personal contact with the student. If allowed by district policy, direct personal contact may include the use of telephone, e-mail, instant messaging, interactive video communication, or other means of digital communication. The results of the review shall be communicated to the student and, where possible, the student's parent(s) or guardian.

     (iii) Based on)) choice enrollment provisions of RCW 28A.225.200 through 28A.225.230 and 392-137 WAC the ((progress review, school staff shall determine and document whether)) district may not claim funding for the student ((is making satisfactory progress in completing)) until after the ((learning activities and reaching)) release date documented by the ((learning goals and performance objectives defined in the written plan)) resident district.

     (((iv) If the student fails to make satisfactory progress for no more than two consecutive evaluation periods or if the student fails to follow the written student learning plan, an intervention plan designed to improve student progress shall be developed and implemented. This intervention plan shall be developed by school staff in conjunction with the student and, for students in grades K–8, the student's parent(s) or guardian.

     (v) If, after no more than three subsequent evaluation periods, the student still is not making satisfactory progress, a plan designed to more appropriately meet the student's educational need shall be developed and implemented by school staff in conjunction with the student and, for students in grades K-8, the student's parent(s) or guardian.

     (b) The educational progress of)) (8) Assessment requirements:

     (a) All students enrolled in alternative learning experiences ((shall)) must be assessed at least annually, using, for full-time students, the state assessment for the student's grade level and using any other annual assessments required by the school district. Part-time students ((shall)) must also be assessed at least annually. However, part-time students who are either receiving home-based instruction under chapter 28A.200 RCW or who are enrolled in an approved private school under chapter 28A.195 RCW are not required to participate in the assessments required under chapter 28A.655 RCW.

     (b) Any student whose alternative learning experience enrollment is claimed as greater than 0.8 full-time equivalent in any one month through the January count date must be included by the school district in any required state or federal accountability reporting for that school year, subject to existing state and federal accountability rules and procedures.

     (c) Students enrolled ((full-time)) in nonresident alternative learning experience schools, programs, or courses ((shall)) who are unable to participate in required annual state assessments at the nonresident district must have the opportunity to participate in ((any)) such required annual state assessments at the district of physical residence, subject to that district's planned testing schedule. It is the responsibility of the nonresident enrolling district to ((facilitate)) establish a written agreement with the district of physical residence that facilitates all necessary coordination ((with)) between the districts ((of residence)) and with the student and, where appropriate, the student's parent(s) ((or guardian)) to fulfill this requirement. Such coordination may include arranging for appropriate assessment ((booklets,)) materials, notifying the student ((notification)) of assessment administration schedules, ((arrangements)) arranging for the forwarding of completed assessment ((booklets)) materials to the enrolling district for submission for scoring and reporting, and other steps as may be necessary. The agreement may include rates and terms for payment of reasonable fees by the enrolling district to the district of physical residence to cover costs associated with planning for and administering the assessments to students not enrolled in the district of physical residence. Assessment results for students assessed according to these provisions ((shall)) must be included in the enrolling district's accountability measurements, and not in the district of physical residence's accountability measurements.

     (((7))) (9) Program evaluation requirements: School districts offering alternative learning experiences ((shall)) must engage in periodic self-evaluation of these learning experiences in a manner designed to objectively measure their effectiveness, including the impact of the experiences on student learning and achievement. Self-evaluation ((shall)) must follow a continuous improvement model, and may be implemented as part of the school district's school improvement planning efforts.

     (((8) Annual reporting:)) (10) Reporting requirements: Each school district offering alternative learning experiences ((shall)) must report monthly to the superintendent of public instruction accurate monthly headcount and full-time equivalent enrollment for students enrolled in alternative learning experiences as well as information about the resident and serving districts of such students. Each school district offering alternative learning experiences must also report annually to the superintendent of public instruction on the types of programs and course offerings subject to this section((, including student headcount and full-time equivalent enrollment claimed for basic education funding)). The annual report shall identify the ratio of certificated instructional staff to full-time equivalent students enrolled in alternative learning experience courses or programs. The annual report shall separately identify alternative learning experience enrollment of students provided under contract pursuant to RCW 28A.150.305 and WAC 392-121-188.

     (((9))) (11) Documentation((: In accordance with required records)) and record retention ((schedules, a school district)) requirements: School districts claiming state funding for alternative learning experiences ((shall)) must retain all documentation required in this section in accordance with established records retention schedules and must make such documentation available upon request for purposes of state monitoring and audit. School districts must maintain the following written documentation ((available for audit)):

     (a) School board policy for alternative learning experiences pursuant to this section;

     (b) Annual reports to the school district board of directors as required by subsection (((2)(g))) (5) of this section;

     (c) Monthly and Annual reports to the superintendent of public instruction as required by subsection (((8))) (10) of this section;

     (d) The written student learning plans required by subsection (4) of this section((, including documentation of required weekly direct personal contact));

     (e) Evidence of direct personal contact required by subsection (4) of this section;

     (f) Student progress ((reviews,)) evaluations((,)) and intervention plans required by subsection (4) of this section;

     (g) The results of any assessments required by subsection (((6))) (8) of this section;

     (((f))) (h) Student enrollment detail substantiating full-time equivalent enrollment reported to the state((, including estimated total hours of participation in educational activities, and any actual documentation of hours of learning for those students failing to make satisfactory progress)); and

     (((g))) (i) Signed parent enrollment disclosure documents required by subsection (((3)(e))) (6)(g) of this section.

[Statutory Authority: RCW 28A.150.290. 09-06-038, § 392-121-182, filed 2/25/09, effective 3/28/09. Statutory Authority: RCW 28A.150.290 and 2005 c 356. 05-13-154, § 392-121-182, filed 6/21/05, effective 7/22/05. Statutory Authority: 1997 c 265 § 6 and RCW 28A.150.290. 99-08-008 (Order 99-01), § 392-121-182, filed 3/25/99, effective 4/25/99. Statutory Authority: RCW 28A.150.290. 95-18-097, § 392-121-182, filed 9/6/95, effective 10/7/95; 95-01-013, § 392-121-182, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. 91-02-096 (Order 50), § 392-121-182, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), § 392-121-182, filed 1/11/88.]

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