WSR 16-09-102 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed April 19, 2016, 2:01 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-13-121.
Title of Rule and Other Identifying Information: New chapter 392-725 WAC, College in the high school program.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Brouillet Conference Room, 600 South Washington Street, Olympia, WA 98501, on May 24, 2016, at 1:00 p.m.
Date of Intended Adoption: May 26, 2016.
Submit Written Comments to: Becky McLean, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail becky.mclean@k12.wa.us, fax (360) 664-3683, by May 24, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by May 17, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: E2SHB 1546, section 3 pertaining to college in the high school programs specifies that "the superintendent of public instruction shall adopt rules for the administration of this section." Additionally, E2SHB 1546, section 3 requires that "the rules must outline quality and eligibility standards that are informed by nationally recognized standards or models. In addition, the rules must encourage the maximum use of the program and may not narrow or limit the enrollment options." E2SHB 1546, section 3 provides that the "rules shall be jointly developed by the superintendent of public instruction, the state board of community and technical colleges, the student achievement council, and the public baccalaureate institutions. The Association of Washington School Principals must be consulted during the rules development."
OSPI convened a workgroup of all the required agencies with the Council of Presidents representing the public baccalaureate institutions and jointly developed the new rules for chapter 392-725 WAC, which align the standards for this program with the National Alliance of Concurrent Enrollment Partnerships (NACEP), and provide rules for (1) developing agreements between school districts or tribal schools with colleges, (2) awarding credit, (3) claiming enrollment for state basic education funding, and (4) detailing the college in the high school state-funded subsidies.
Statutory Authority for Adoption: RCW 28A.600.290.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: JoLynn Berge, 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. Not applicable - no small business impact, no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. The superintendent of public instruction is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
April 19, 2016
Randy Dorn
State Superintendent
of Public Instruction
Chapter 392-725 WAC
COLLEGE IN THE HIGH SCHOOL RULES NEW SECTION
WAC 392-725-005 Authority.
The authority for this chapter is RCW 28A.600.290, which authorizes the superintendent of public instruction to adopt rules governing RCW 28A.600.290, with the state board of community and technical colleges, the student achievement council, and the public baccalaureate institutions to jointly develop rules, and with the association of Washington school principals to be consulted. The rules set forth in this chapter have been jointly developed and agreed upon by the four organizations with the council of presidents representing the public baccalaureate institutions. The rules may be modified only by agreement of the superintendent of public instruction, state board of community and technical colleges, the student achievement council, and an organization representing the interest of the public baccalaureate institutions.
NEW SECTION
WAC 392-725-010 Purpose.
The purpose of this chapter is to set forth rules governing the college in the high school program.
NEW SECTION
WAC 392-725-015 Definitions.
The following definitions in this section apply throughout this chapter.
(1) "College in the high school course" means a dual credit course provided on a high school campus or in a high school environment in which an eligible student is given the opportunity to earn high school credit to be awarded by a district, charter school, or tribal compact school and college credit awarded by the participating institution of higher education by completing a college level course with a passing grade. College in the high school courses may be either academic or career and technical (vocational) education.
(2) "Eligible student" means any student who meets the following conditions:
(a) The student meets the definition of an enrolled student pursuant to WAC 392-121-106.
(b) The student under the grade placement policies of the district, charter school, or tribal compact school through which the high school credits will be awarded has been deemed to be a tenth, eleventh, or twelfth grade student.
(c) The student has met the student standards pursuant to WAC 392-725-130 and the general requirements and conditions pursuant to WAC 392-725-225(2).
(3) "Participating institution of higher education" means an institution of higher education that:
(a) A district, charter school, or tribal compact school has contracted with to provide the college in the high school courses;
(b) Meets the definition in RCW 28B.10.016, is authorized or exempt under the requirements of chapter 28B.85 RCW, or is a public tribal college located in Washington as noted in RCW 28A.600.290 (7)(a);
(c) Meets the college in the high school program standards outlined within this chapter; and
(d) Is accredited by National Alliance of Concurrent Enrollment Partnerships or meets the annual reporting of evidence requirement outlined in WAC 392-725-120.
(4) "National Alliance of Concurrent Enrollment Partnerships" is the professional organization that works to ensure that college in the high school courses are as rigorous as courses offered on the sponsoring college campuses. National Alliance of Concurrent Enrollment Partnerships has defined a set of quality standards that is the basis of their accreditation process.
(5) "Fees."
(a) "Dual credit fees" means the per credit fee charged by the participating institution of higher education for the award of the college credit.
(i) The maximum dual credit fee shall not exceed the college in the high school state-funded subsidies allocated in the current Omnibus Appropriations Act.
(ii) The dual credit fee may be less than the college in the high school state-funded subsidies allocation.
(b) "Other associated college in the high school fees" means additional fees required to fully participate in the college in the high school course charged by the participating institution of higher education such as registration fees and fees for consumables.
(6) "College in the high school state-funded subsidies" means the amount provided in the Omnibus Appropriations Act that pays the dual credit fee for specific eligible eleventh or twelfth grade students pursuant to RCW 28A.600.290 (1)(b)(i) only and for the limited amount provided in WAC 392-725-325(2).
NEW SECTION
WAC 392-725-050 Interlocal agreement requirement.
Prior to the start of the college in the high school course(s), an interlocal agreement between the district, charter school, or tribal compact school and the participating institution of higher education must be developed and in place. The agreement shall be for no more than one school year, meet the district, charter school, or tribal compact school's board policies and the policies of the institution of higher education regarding contracting agreements, and address the following requirements:
(1) List of college in the high school courses.
(2) College in the high school student standards pursuant to WAC 392-725-130 will be met.
(3) College in the high school curriculum and assessment standards pursuant to WAC 392-725-140 will be met.
(4) College in the high school faculty standards pursuant to WAC 392-725-150 will be met.
(5) College in the high school evaluation standards pursuant to WAC 392-725-160 will be met.
(6) Award of high school credits pursuant to WAC 392-725-200 will be met.
(7) District, charter school, or tribal compact school's responsibilities for offering college in the high school course.
(8) Institution of higher education's dual credit fee amount per college credit and a description and amount of other associated college in the high school fees.
(9) Course materials including, but not limited to, textbooks for each college in the high school course and which party will be responsible to provide.
(10) For any compensation paid to the instructor by the institution of higher education for work performed beyond the district, charter school, or tribal compact school contract, explanation of how the compensation will be calculated and provided and details of what duties the compensation represents.
(11) Method and collection of dual credit fee and other associated college in the high school fees.
(12) Districts, charter schools, tribal compact schools, and institutions of higher education shall as necessary assure compliance with their respective duties under federal and state law.
NEW SECTION
WAC 392-725-120 Demonstration and reporting of evidence of required college in the high school standards.
(1) Participating institutions of higher education shall provide evidence that they meet the most recent National Alliance of Concurrent Enrollment Partnerships student standards, curriculum and assessment standards, faculty standards and evaluation standards unless recommended differently in WAC 392-725-130 through 392-725-160. National Alliance of Concurrent Enrollment Partnerships accreditation is recommended.
(2) As a condition of eligibility pursuant to WAC 392-725-015(3), after the college in the high school course concludes, institutions of higher education shall provide an annual report consisting of evidence that the required standards were met. The annual report shall be submitted no later than July 1st for review by the college in the high school standards report review committee. Participating institutions of higher education that are accredited by the National Alliance of Concurrent Enrollment Partnerships for the current year of enrollment will be exempt from this requirement.
(3) The office of superintendent of public instruction shall convene a college in the high school standards report review committee. This review committee will consist of a representative of the state board of community and technical colleges, a representative of an organization representing the interest of the public baccalaureate institutions, a representative of the student achievement council, and a representative from the office of superintendent of public instruction. Additional members may be included at the discretion of college in the high school standards report review committee.
(4) If the review committee finds that the institution of higher education's evidence of meeting the required standards is not satisfactory, the institution of higher education will have six months to provide satisfactory evidence.
(5) If after review of the additional evidence, the review committee deems that the standards are not being met, then the institution of higher education may not offer the college in the high school program for the following school year.
(6) The review committee will review the National Alliance of Concurrent Enrollment Partnerships standards every three years and update the college in the high school standards in WAC 392-725-130 through 392-725-160 as informed by the current National Alliance of Concurrent Enrollment Partnerships standards and feedback from participating school districts, charter schools, tribal compact schools, and institutions of higher education.
NEW SECTION
WAC 392-725-130 College in the high school student standards.
(1) Participating institutions of higher education shall:
(a) Ensure students meet the course prerequisites of the institution of higher education.
(b) Officially register or admit students as degree-seeking, nondegree-seeking, or nonmatriculated students of the institution of higher education and record courses administered through college in the high school program on official institution of higher education transcripts.
(c) Provide students and high schools with a comprehensive publication that outlines the rights and responsibilities of enrolled students.
(2) Participating institutions of higher education, not accredited by the National Alliance of Concurrent Enrollment Partnerships for the current year of enrollment, shall provide evidence of meeting the required student standards of this section.
NEW SECTION
WAC 392-725-140 College in the high school curriculum and assessment standards.
(1) Participating institutions of higher education shall require that:
(a) College in the high school courses are catalogued courses with the same departmental designations, course descriptions, numbers, titles, and credits as sections offered on campus.
(b) College in the high school courses reflect the pedagogical, theoretical and philosophical orientation of the participating institution of higher education departments.
(c) Faculty site visits ensure that courses offered through the college in the high school program are the same as the courses offered on campus.
(d) Students are held to the same standards of achievement as those expected of students in on-campus sections.
(e) Students are held to the same grading standards as those expected of students in on-campus sections.
(2) Participating institutions of higher education are recommended to ensure students are assessed using the same methods (examples: Papers, portfolios, quizzes, labs, etc.) as students in on-campus sections. Participating institutions of higher education, not accredited by National Alliance of Concurrent Enrollment Partnerships for the current year of enrollment, shall provide evidence of meeting the required curriculum and assessment standards of this section.
NEW SECTION
WAC 392-725-150 College in the high school faculty standards.
(1) Participating institutions of higher education shall require that:
(a) Instructors providing the college in the high school instruction in the high school classroom must be approved by the participating institution of higher education's respective academic department and meet the same institution's requirements for teaching the college course at the institution of higher education campus.
(b) New instructors are provided with discipline-specific training and orientation regarding, but not limited to, course curriculum, assessment criteria, pedagogy, course philosophy and administrative responsibilities and procedures prior to the instructor teaching the college in the high school course.
(c) Procedures address instructor noncompliance with the institution of higher education's expectations for courses offered through the institution.
(d) Noncompliance issues will be addressed in consultation with the district, charter school, or tribal compact school.
(2) Participating institutions of higher education are recommended to provide annual discipline-specific professional development activities and ongoing collegial interaction to address course content, course delivery, assessment, evaluation, and/or research and development in the field. Participating institutions of higher education, not accredited by National Alliance of Concurrent Enrollment Partnerships for the current year of enrollment, shall provide the evidence of meeting the required faculty standards of this section.
(3) Any compensation paid to the instructor by the institution of higher education must be for work performed beyond their contract with the district, charter school, or tribal compact school.
NEW SECTION
WAC 392-725-160 College in the high school evaluation standards.
(1) Participating institutions of higher education shall:
(a) Conduct an end-of-term student course evaluation for each college in the high school course section offered through the institution of higher education.
(b) Conduct surveys of participating high school instructors, principals, and guidance counselors at least once every three years. Surveys shall include the following as outlined in the most current National Alliance of Concurrent Enrollment Partnerships survey guide:
(i) National Alliance of Concurrent Enrollment Partnerships essential questions (additional questions may be used);
(ii) One follow-up contact with nonrespondents within the methodology; and
(iii) Collaboration of a qualified institutional evaluator or researcher in the development of the survey and data analysis.
(2) Participating institutions of higher education are recommended to conduct an annual survey of alumni who are one year out of high school and who are four years out of high school, at least once every three years. Surveys shall include the following as outlined in the most current National Alliance of Concurrent Enrollment Partnerships survey guide:
(a) National Alliance of Concurrent Enrollment Partnerships essential questions (additional questions may be used);
(b) One follow-up contact with nonrespondents within the methodology; and
(c) Collaboration of a qualified institutional evaluator or researcher in the development of the survey and data analysis.
(3) Participating institutions of higher education, not accredited by National Alliance of Concurrent Enrollment Partnerships for the current year of enrollment, shall provide the evidence of meeting the evaluation required standards of this section.
NEW SECTION
WAC 392-725-200 Prior confirmation of high school credit.
As a condition to an eligible student's enrollment in college courses, the eligibility of the college in the high school courses which the student intends to take for the award of high school credit and the amount of such credit shall first be established, as follows:
(1) The district, charter school, or tribal compact school shall establish on a course by course basis the amount of high school required or elective credit, or combination thereof, that shall be awarded for each college in the high school course successfully completed by the student based upon the conversion rate set forth in WAC 180-51-050.
(2) If a college in the high school course is not comparable to a district, charter school, or tribal compact school course required for high school graduation, the district, charter school, or tribal compact school superintendent shall determine the amount of required high school credit which shall be awarded following consultation with a representative of the institution of higher education designated for that purpose. The difference between the amount of required credit and the amount of credit earned at the conversion rate set forth in WAC 180-51-050 shall be awarded as elective credit.
(3) Within five school days of a student's request for confirmation of credit, the district, charter school, or tribal compact school superintendent or other designated representative shall confirm in writing the amount of high school required or elective credit, or combination thereof, which shall be awarded upon successful completion of the courses.
(4) Upon confirmation by an institution of higher education of a student's successful completion of college in the high school courses under this chapter, the district, charter school, or tribal compact school shall record on the student's secondary school records and transcript the high school credit previously confirmed under the section with a notation that the courses were taken at an institution of higher education pursuant to WAC 392-415-070.
(5) Each district, charter school, or tribal compact school and institution of higher education shall independently have and exercise exclusive jurisdiction over academic and discipline matters involving a student's enrollment and participation in courses of, and the receipt of services and benefits from the district, charter school, tribal compact school or the institution of higher education.
NEW SECTION
WAC 392-725-225 College in the high school general requirements.
(1) Participating districts, charter schools, or tribal compact schools must provide general information about the college in the high school program to all students in grades nine through twelve and to the parents and guardians of those students.
(2) The enrollment of a student who meets the definition of WAC 392-725-015(2) in the college in the high school program shall be governed as follows:
(a) An eligible student is responsible for enrolling into an institution of higher education on or before the deadline established by the institution of higher education.
(b) An eligible student is entitled to enroll in an institution of higher education for college in the high school program purposes subject to each of the following conditions and limitations:
(i) Enrollment is limited to college level courses.
(ii) Prior confirmation pursuant to WAC 392-725-200 by the district, charter school, or tribal compact school of the amount of high school credit to be awarded for a college in the high school course on or before the deadline for enrollment established by the institution of higher education.
(iii) Acceptance of the student by the institution of higher education subject to enrollment requirements and limitations established by the institution, including a determination that the student is competent to profit from the college level course(s) in which the student seeks to enroll.
NEW SECTION
WAC 392-725-250 Transferability of college credit.
(1) College in the high school programs may include both academic and career and technical education. The college credit shall be applied at institutions of higher education toward:
(a) General education requirements; or
(b) Degree requirements.
(2) A college in the high school course has the same transferability as its equivalent course on the college campus. Some courses including career and technical education courses may not meet specific general education and/or degree requirements.
NEW SECTION
WAC 392-725-300 Finance.
(1) Districts, charter schools, and tribal compact schools claim the college in the high school courses for basic education funding based on the course's average enrolled weekly minutes pursuant to WAC 392-121-122.
(2) The participating institution of higher education receives dual credit fees as defined in WAC 392-725-015 (5)(a) and other associated college in the high school fees for eligible students as defined in WAC 392-725-015 (5)(b). The amount and method of collection of these fees shall be outlined in interlocal agreement.
(3) For college in the high school courses that qualify for state funded subsidies as defined in WAC 392-725-015(6) and based on the per student limitations provided in WAC 392-725-325(2), these subsidies are provided in lieu of dual credit fees as defined in WAC 392-725-015 (5)(a).
NEW SECTION
WAC 392-725-325 College in the high school state funded subsidies.
Pursuant to RCW 28A.600.290 and subject to the amount provided in the Omnibus Appropriations Act, state funded subsidies may be available to pay the cost of college in the high school fees for specific eligible eleventh or twelfth grade students only enrolled in college in the high school courses provided by institutions of higher education that meet the definition in RCW 28B.10.016, or a public tribal college located in Washington as noted in RCW 28A.600.290 (7)(a), and for the limited amount provided in subsection (2) of this section. Public institutions of higher education that are outside of the state of Washington or private institutions of higher education do not qualify for the state funded subsidies.
(1) Prioritization of the available college in the high school state-funded subsidies will be allocated in the following method:
(a) High schools that are and students that reside twenty driving miles or more as measured by the most direct route from the nearest institution of higher education offering running start.
(b) High schools who receive small high school funding enhancement as provided in the Omnibus Appropriations Act.
(c) For the remaining high schools, eligible students who qualify for the new school year for free and reduced price lunch.
(2) Limitation of college in the high school state-funded subsidies are as follows:
(a) For each eligible eleventh and twelfth grade student, the annual credit amounts for subsection (1)(a) through (b) of this section are limited to the annual credit amounts provided in the Omnibus Appropriations Act but may not exceed ten credits for any school year.
(b) The annual credit amounts for subsection (1)(c) of this section are limited to the annual credit amounts provided in the Omnibus Appropriations Act but may not exceed five credits for any school year.
(3) The office of superintendent of public instruction will provide an application process that districts, charter schools, and tribal compact schools will use to apply annually for the college in the high school state-funded subsidies.
(a) Districts, charter schools, and tribal compact schools will apply by July 1st for the new school year's subsidies.
(b) The office of superintendent of public instruction will notify districts, charter schools, and tribal compact schools by September 1st the amount of subsidies awarded for the new school year.
(c) Through the application process, districts, charter schools, and tribal compact schools will provide a list of college in the high school courses per high school for the new school year. The award of subsidies will be limited to the courses provided in the application process.
(d) The list of college in the high school courses will contain the amount of college quarter credits awarded for each course. For this section only, college semester credits will be converted into quarter credits by multiplying the semester credits by 1.5 and rounding up to the nearest whole credit.
(e) Districts, charter schools, and tribal compact schools will provide an estimate of eligible students expected to receive the subsidies within the per student credit limitation provided in the Omnibus Appropriations Act.
(i) For high schools that qualify for the priorities according to subsection (1)(a) and (b) of this section, applicant will provide an estimate of eligible eleventh and twelfth grade students.
(ii) For high schools that qualify for the priorities according to subsection (1)(b) and (c) of this section, applicant will provide an estimate of eligible eleventh and twelfth grade students that live more than twenty miles from a college offering running start.
(iii) For high schools that qualify for subsection (1)(c) of this section, applicant will provide an estimate of eligible eleventh and twelfth grade students that are expected to qualify for free and reduced price lunch.
(4) Reimbursement of the college in the high school state-funded subsidies will occur as follows:
(a) Beginning with the 2015-16 school year, the college in the high school state-funded subsidies for college in the high school will be allocated at minimum sixty-five dollars per quarter credits.
(b) Starting with the 2017 calendar year, and for every four years after, the funding level for the college in the high school state-funded subsidies will be reviewed by the office of superintendent of public instruction, the student achievement council, the state board for community and technical colleges, and the council of president representing the public baccalaureate institutions and make recommendation to the legislature for an increase to the funding level of the college in the high school state funded subsidies.
(c) The college in the high school state-funded subsidies will be reimbursed after the completion of the course.
(d) Districts, charter schools, and tribal compact schools with high schools eligible for the college in the high school state-funded subsidies will submit a request for payment of subsidies form to the office of the superintendent of public instruction. The request for payment will include the actual number of completed credits for eligible eleventh and twelfth grade students who have not exceeded the credit limitation pursuant to subsection (2) of this section.
(e) The office of the superintendent of public instruction will review the request for payment of subsidies form and fund the reporting district, charter school, and tribal compact school one hundred percent of the approved college in the high school subsidies on the following monthly apportionment payment.
(f) One hundred percent of the subsidies generated will be forwarded to the participating institution of higher education.
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