WSR 14-21-188 EMERGENCY RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed October 22, 2014, 11:56 a.m., effective October 22, 2014, 11:56 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to enact changes to WAC that are also being routed via the standard WAC rule changes process; whereby a school district superintendent may file an appeal to the superintendent of public instruction if the student has 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 28A3655.065 [28A.655.065], or on a Washington alternate assessment available to students 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.
Citation of Existing Rules Affected by this Order: Amending WAC 392-501-601 Eligibility and application requirements.
Statutory Authority for Adoption: RCW 28A.066.061 [28A.655.061] and 28A.655.065.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: The purpose of enacting the emergency rule for WAC 392-501-601 is to establish the rules we're requesting change to via the permanent rule change on a shorter timeline to allow for submission of special circumstance requests that may meet the criteria an [and] opportunity for review and recommendation by the Special Circumstance Appeals Panel October 22nd.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 22, 2014.
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 10-01-053, filed 12/9/09, effective 1/9/10)
WAC 392-501-601 Eligibility and application requirements.
(1) A student, or a student's parent or guardian may file an appeal to the superintendent of public instruction if the student has special, unavoidable circumstances that prevented the student, during the student's twelfth grade year, from successfully demonstrating his or her skills and knowledge on the Washington assessment of student learning (WASL), on an objective alternative assessment authorized in RCW 28A.655.061 or 28A.655.065, or on a Washington alternate assessment available to students eligible for special education services.
(2) Special, unavoidable circumstances shall include the following:
(a) Not being able to take or complete an assessment because of:
(i) The death of a parent, guardian, sibling or grandparent;
(ii) An unexpected and severe medical condition. The condition must be documented by a medical professional and included with the application; or
(iii) Another unavoidable event of a similarly compelling magnitude that reasonably prevented the student from sitting for or completing the assessment.
(b) A major irregularity in the administration of the assessment;
(c) Loss of the assessment material;
(d) Failure to receive an accommodation during administration of the assessment that was documented in the student's individualized education program that is required in the federal Individuals with Disabilities Education Act, as amended, or in a plan required under Section 504 of the Rehabilitation Act of 1973;
(e) For students enrolled in the state transitional bilingual instructional program, failure to receive an accommodation during the administration of the assessment that was scheduled to be provided by the school district; or
(f) Students who transfer from an out-of-state or out-of-country school to a Washington public school in the twelfth grade year after March 1.
(3) A school district superintendent may file an appeal to the superintendent of public instruction if the student has 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 alternative assessment authorized in RCW 28A.655.061 or 28A.655.065, or on a Washington alternate assessment available to students 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:
(a) The major irregularity was caused by school district personnel;
(b) The student was not at fault for the irregularity; and
(c) The school district has taken appropriate disciplinary action against the school district personnel.
(4) To file an appeal, the student or the student's parent or guardian, with appropriate assistance from school staff, must complete and submit to the principal of the student's school an appeal application on a form developed by the superintendent of public instruction.
(((4))) (5) The application shall require that the following be submitted: All available score reports from prior standardized assessments taken by the student during his or her high school years, the medical condition report (if applicable), and the student's transcript. The principal of the school shall review the application and accompanying material and certify that, to the best of his or her knowledge, the information in the application is accurate and complete.
(((5))) (6) Once the principal certifies that the application and accompanying material is accurate and complete, the principal shall transmit the application to the school district's assessment coordinator who will conduct an independent review for completeness prior to transmitting the application to the state superintendent of public instruction.
(((6))) (7) Applications must be received by the superintendent of public instruction on or before May 1 or October 1.
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