WSR 13-23-066 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed November 18, 2013, 2:46 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-19-074.
Title of Rule and Other Identifying Information: Chapter 392-501 WAC, Academic achievement, accountability and assessment, amendments to general and persistently lowest-achieving schools.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), 600 Washington Street S.E., Billings Conference Room, Olympia, WA 98504, on January 6, 2014, at 9:00 a.m. - 12 noon.
Date of Intended Adoption: January 6, 2014.
Submit Written Comments to: Megan Eliasson, OSPI, 600 Washington Street S.E., e-mail Megan.Eliasson@k12.wa.us, fax (360) 753-1953, by January 5, 2014.
Assistance for Persons with Disabilities: Contact Wanda Griffin by January 4, 2014, TTY (360) 664-3631 or (360) 725-6132.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The amendments to existing rules and newly proposed rule[s] determine the criteria used to identify a challenged school in need of improvement and persistently lowest-achieving school[s] in compliance with federal and state guidance.
Amendments to WAC 392-501-707, 392-501-710 and 392-501-720; newly proposed WAC 392-501-715.
OSPI is authorized by RCW 28A.657.020 to adopt criteria to identify challenged schools in need of improvement and to determine whether a challenged school in need of improvement are also persistently lowest-achieving school[s] for purposes of the required action district process.
Statutory Authority for Adoption: RCW 28A.657.020.
Statute Being Implemented: RCW 28A.657.020, 28A.657.030, 28A.657.100.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: OSPI, governmental.
Name of Agency Personnel Responsible for Drafting: Maria Flores, 600 Washington Street S.E., Olympia, WA 98504, (360) 725-6504; Implementation: Andrew E. Kelly, 600 Washington Street S.E., Olympia, WA 98504, (360) 725-4954; and Enforcement: Randy I. Dorn, 600 Washington Street S.E., Olympia, WA 98504, (360) 725-6004.
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. In accordance with RCW 34.05.328 (5)(b), exception will be provided to rules with content explicitly and specifically dictated by statute.
November 18, 2013
Randy Dorn
State Superintendent
AMENDATORY SECTION (Amending WSR 10-24-057, filed 11/29/10, effective 12/1/10)
WAC 392-501-707 Authority.
The authority for these rules is RCW 28A.657.020, 28A.657.030, and 28A.657.100, which require the superintendent of public instruction to annually: (1) Identify challenged schools in need of improvement and a subset of such schools that are the persistently lowest-achieving schools((, to)) in the state; (2) Recommend school districts for designation as required action districts to the state board of education((,)); and ((to)) (3) Make recommendations to the state board of education regarding the release of school districts from being designated as a required action district.
AMENDATORY SECTION (Amending WSR 10-24-057, filed 11/29/10, effective 12/1/10)
WAC 392-501-710 Purpose.
The purpose((s)) of this chapter ((are)) is to: (1) Adopt criteria for identifying challenged schools in need of improvement and a subset of such schools that are the persistently lowest-achieving schools in the state; (2) Establish criteria for recommending to the state board of education school districts for required action; and (3) Establish exit criteria for districts that receive a required action designation.
NEW SECTION
WAC 392-501-715 Definitions.
For the purposes of this chapter, the following definitions apply: (1) "Challenged schools in need of improvement" are the lowest-achieving schools within the state. Challenged schools in need of improvement include priority schools and focus schools. (2) "Schools" are the public schools of the state, including schools that are eligible to use Title I funds for school wide programs, schools that participate in Title I by using Title I funds for school wide programs, schools that are not eligible to use Title I funds, and charter schools. (3) "Title I" is Title I, Part A of the Elementary and Secondary Education Act of 1965, as amended. (4) "Washington achievement index" is a system developed by the state board of education pursuant to RCW 28A.657.110 to identify schools and school districts for recognition, continuous improvement, and for additional state support. The Washington achievement index includes an "all students group" category, a "targeted subgroups" category and student subgroup categories including American Indian, Asian, Black/African American, Hispanic, Pacific Islander, White, two or more races, low income, students with disabilities, English language learners.
AMENDATORY SECTION (Amending WSR 10-24-057, filed 11/29/10, effective 12/1/10)
WAC 392-501-720 Process and criteria for identifying ((persistently lowest-achieving)) challenged schools in need of improvement.
By ((December 1, 2010, and annually thereafter)) February 1st of every year, the superintendent of public instruction ((shall)) will identify ((persistently lowest-achieving Title I and Title I eligible schools based on the following criteria: (1) A Title I school that has been identified as being in improvement, corrective action or restructuring in accordance with the 2001 reauthorization of the federal Elementary and Secondary Education Act that: (a) Is among the lowest-achieving five percent in the all students group in reading and mathematics combined for the past three consecutive years; or (b) Is a high school that has a weighted-average graduation rate that is less than sixty percent based on the past three years of data. (2) A secondary school that is eligible for, but does not receive, Title I funds that: (a) Is among the lowest-achieving five percent of secondary schools in the all students group in reading and mathematics combined for the past three consecutive years; or (b) Is a high school that has a weighted-average graduation rate that is less than sixty percent based on the past three years of data. (3) However, the superintendent of public instruction may exclude specific schools from the list based on a case-by-case analysis. The case-by-case analysis shall consider the percentage of overage and under-credited students, whether including the school on the list would be invalid or unreliable due to the small number of students on whom the identification would be based, and on other reasonable contextual conditions that would make it inappropriate for the school to be included on the list.)) challenged schools in need of improvement using the following criteria: (1) Priority schools are the persistently lowest-achieving schools in the state. Priority schools are: (a) Schools in the priority-lowest five percent tier of the Washington achievement index for the all students group in reading, writing, science, mathematics and beginning in the 2014-2015 school year, English language arts, combined for the past three consecutive years based on the composite index score; or (b) Secondary schools that have a weighted-average five-year adjusted cohort graduation rate that is less than sixty percent based on the past three consecutive years. (2) Focus schools are: (a) Schools that are in the underperforming tier of the Washington achievement index in one or more student subgroup categories in reading, writing, science, mathematics and beginning in the 2014-2015 school year, English language arts, combined for the past three consecutive years based on the composite index score; or (b) High schools that have a five-year adjusted cohort graduation rate that is less than sixty percent among one or more of student subgroup categories for the past three consecutive years.
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