WSR 13-19-058 EXPEDITED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed September 16, 2013, 2:26 p.m.]
Title of Rule and Other Identifying Information: Chapter 392-162 WAC, Special service program—Learning assistance.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Gayle Pauley, Office of the Superintendent of Public Instruction (OSPI), 600 Washington, Olympia, WA 98504-7200, AND RECEIVED BY November 19, 2013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Substantial changes to chapter 28A.165 RCW, the learning assistance program (LAP), were made during the 2013 second special legislative session under ESSB 5946. Hearings were held by the house and the senate education committees on the proposed legislative changes to LAP and on the proposed new additions to LAP. The changes include the following: The removal of the requirement for districts to submit a LAP application to OSPI for approval, the removal of the requirement for districts to have an accelerated student learning plan for all LAP students, the additional requirement to serve students in grades kindergarten through four who are at basic or below basic on state or local assessments, the requirement that districts must select best practices and strategies selected by a state panel of experts for reading (ELA), mathematics, and programs to reduce disruptive student behaviors in the classroom.
Reasons Supporting Proposal: Changes to chapter 392-162 WAC reflect the changes made by legislation and reflect only those changes.
Statutory Authority for Adoption: RCW 28A.165.075.
Statute Being Implemented: Chapter 392-162 WAC.
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, Office – Title I/LAP/CPR, (360) 725-6100.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The changes made to chapter 392-162 WAC are made because of legislative changes and provide clear guidance to districts on the implementation of LAP.
September 16, 2013
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)
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 twelve who ((are deficient in basic skills achievement)) score below standard in reading, writing, and mathematics for his or her grade level.
AMENDATORY SECTION (Amending WSR 09-24-075, filed 11/30/09, effective 12/31/09)
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)) assist underachieving students in grades kindergarten through twelve who score below standard in reading, writing, and mathematics 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;)) Direct districts as they implement a learning assistance program that learning assistance program funds must first be used to address the needs of students in grades kindergarten through four who are deficient in reading or reading readiness skills to improve reading literacy; (2) Promote the use of data when developing programs to assist underachieving students and reduce disruptive behaviors in the classroom; (3) Guide school districts in providing the most effective and efficient practices when implementing supplemental instruction and services to assist underachieving students and reduce disruptive behaviors in the classroom; 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.
AMENDATORY SECTION (Amending WSR 09-24-075, filed 11/30/09, effective 12/31/09)
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 reading, writing, and mathematics standards by providing supplemental instruction and services to those students. School districts implementing a learning assistance program must first focus on addressing the needs of students in grades kindergarten through four who are deficient in reading or reading readiness skills. The learning assistance program may then be used to support underachieving students in grades kindergarten through twelve by providing supplemental reading, writing, or mathematics instruction, by addressing the needs of eleventh and twelfth grade students to assist them in meeting state and district graduation requirements, and to reduce disruptive behaviors in the classroom.
AMENDATORY SECTION (Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)
WAC 392-162-025 Definition—Statewide student assessments.
As used in this chapter, the term "statewide student 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 as required under RCW 28A.655.070.
AMENDATORY SECTION (Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)
WAC 392-162-032 Definition—Participating student.
As used in this chapter, the term "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 and students in grades eleven and twelve who are at risk of not meeting state or local graduation requirements)) using multiple measures of performance, including on the statewide student assessments or other assessments and performance or other assessments and performance measurement tools administered by the school or district and who is identified by the district to receive services.
AMENDATORY SECTION (Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)
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, school, or district assessments ((and assessments in the basic skills areas administered by the local school district)) or other performance tools.
NEW SECTION
WAC 392-162-041 Best practices.
Best practices as identified by the office of superintendent of public instruction are to be used to provide learning assistance program educational instructional materials and strategies to identified learning assistance students. The practices implemented must be research-based and have demonstrated that the practice has increased student academic success. During the 2013-14 and 2014-15 school years, districts may select from the following: (1) Extended learning opportunities occurring: (a) Before or after the regular school day; (b) On Saturday; and (c) Beyond the regular school year. (2) Services under RCW 28A.320.190. (3) Professional development for certificated and classified staff that focuses on: (a) The needs of a diverse student population; (b) Specific literacy and mathematics content and instructional strategies; and (c) The use of student work to guide effective instruction and appropriate assistance. (4) Consultant teachers to assist in implementing effective instructional practices by teachers serving participating students. (5) Tutoring support for participating students. (6) Outreach activities and support for parents of participating students, including employing parent and family engagement coordinators. (7) Up to five percent of district's learning assistance program allocation may be used for development of partnerships with community-based organizations, educational service districts, and other local agencies to deliver academic and nonacademic supports to participating students who are significantly at-risk of not being successful in school to reduce barriers to learning, increase student engagement, and enhance students' readiness to learn. The office of the superintendent of public instruction must approve any community-based organization or local agency before learning assistance program funds may be expended.
NEW SECTION
WAC 392-162-051 District selection of best practices and strategies for use in the learning assistance program.
Beginning in the 2016-17 school year districts must select a practice or strategy that is on the state-approved menu for the learning assistance program. School districts may enter into cooperative agreements with state agencies, local governments, or school districts for administrative or operational costs needed to provide services in accordance with the state menus developed beginning in 2016-17.
AMENDATORY SECTION (Amending WSR 09-24-075, filed 11/30/09, effective 12/31/09)
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 for the learning assistance program shall be appropriated ((for the learning assistance program)) in accordance with the 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)) and for chapter 28A.655 RCW. A school district's funded students for the learning assistance program shall be the sum of the district's full-time equivalent enrollment in grades K-12 for the prior school year multiplied by the district's percentage of October headcount enrollment in grades K-12 eligible for free or reduced price lunch in the prior school year.
NEW SECTION
WAC 392-162-056 Exception to state-approved selection of best practices and strategies for use in the learning assistance program.
Beginning in the 2016-17 school year, school districts may use a practice or strategy that is not on the state menu for two years. At the end of the two years, the district must be able to demonstrate improved outcomes for participating learning assistance program students. If the district is able to demonstrate improved outcomes commensurate with the state approved menu for such students, the office of the superintendent of public instruction will approve the use of the alternative practice for one additional year. For each subsequent year, the district must provide data that demonstrates that participating students are meeting or exceeding academic achievement compared to those students who are being served by a state approved best practices and strategy.
AMENDATORY SECTION (Amending WSR 08-21-053, filed 10/9/08, effective 11/9/08)
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 twelve; (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; (4) Have been determined to have the greatest risk of not meeting the state's challenging content and performance standards; and (5))) Who score below standard for his or her grade level using multiple measures of performance, including on the statewide student assessments or other assessments and performance measurement tools administered by the school or district and who is identified by the district to receive services; and (3) Are in grades eleven or twelve and are at risk of not meeting state or local graduation requirements as defined in RCW 28A.320.190.
AMENDATORY SECTION (Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)
WAC 392-162-110 Program requirement—((End of year)) Annual report.
Districts shall submit to the superintendent of public instruction ((at the close of the state fiscal year)) by August 1, 2014, and each August 1st thereafter, an ((end of the year)) annual report on electronic forms provided by the superintendent of public instruction. The report must include the following: (1) The amount of academic growth gained by students participating in the learning assistance program; (2) The number of students who gain at least one year of academic growth; and (3) The specific practices, activities, and programs used by each school building that received learning assistance program funds.
AMENDATORY SECTION (Amending WSR 07-02-015, filed 12/21/06, effective 1/21/07)
WAC 392-162-115 Monitoring of districts.
In order to insure that school districts are meeting the requirements of this chapter, the superintendent of public instruction shall monitor ((district)) learning assistance programs no less than once every four years by using the state program review process. The primary purpose of the monitoring is to evaluate the effectiveness of a district's allocation and expenditure of resources and to monitor school district fidelity in their implementation of best practices. Individual student records shall be ((maintained at the school district)) recorded beginning with the 2014-15 school year, in the statewide individual student data system annual entrance and exit performance data for each student participating in the learning assistance program according to specifications established by the office of the superintendent of public instruction.
REPEALER
The following sections of the Washington Administrative Code are repealed:
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