WSR 14-21-121

PREPROPOSAL STATEMENT OF INQUIRY

[Filed October 17, 2014, 12:19 p.m.]

Subject of Possible Rule Making: WAC 392-501-600 through 392-501-705, appeal process for students with special, unavoidable circumstances.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 28A.665.065 [28A.655.065], 28A.665.061 [28A.655.061], 28A.155.045. WSR 10-01-053, § 392-501-600, filed 12/9/09, effective 1/9/10. Statutory Authority: RCW 28A.655.061 and 28A.655.065. WSR 07-13-035, § 392-501-600, filed 6/13/07, effective 7/22/07.

RCW 28A.655.065 directs the superintendent of public instruction to develop guidelines and appeal processes for waiving specific requirements in RCW 28A.655.061 pertaining to the certificate of academic achievement and RCW 28A.155.045 pertaining to the certificate of individual achievement for students who have special, unavoidable circumstances.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The additional language for the WACs has been drafted to include situations whereby a student had special, unavoidable circumstances that prevented the student, during the student's eleventh grade year, from successfully demonstrating his or her skills and knowledge on the state high school assessment, on an objective alternate assessment authorized in RCW 28A.655.061 or 28A.655.065, or on a Washington alternate assessment available to student[s] eligible for special education services. For purposes of this subsection, a special, unavoidable circumstance is a major irregularity in the administration of the assessment that meets the following criteria:

(i) The major irregularity was caused by school district personnel,

(ii) The student was not at fault for the irregularity, and

(iii) The school district has taken appropriate disciplinary action against the school district personnel.

Process for Developing New Rule: Early solicitation of public comments and recommendations respecting new, amended, or repealed rules, and consideration of the comments and recommendations in the course of drafting rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Collette Mason, 600 Washington Street S.E., Olympia, WA 98504, phone (360) 725-6068, fax (360) 725-0424, collette.mason@k12.wa.us; or Michael Middleton, 600 Washington Street S.E., Olympia, WA 98504, phone (360) 725-6434, fax (360) 725-0424, Michael.middleton@k12.wa.us.

October 17, 2014

Randy Dorn

Superintendent of

Public Instruction