[Filed December 5, 2018, 9:29 a.m.]

Preproposal statement of inquiry was filed as WSR 18-12-070.

Title of Rule and Other Identifying Information: Highly capable program, chapter 392-170 WAC.

Hearing Location(s): On January 8, 2019, at 9:00 a.m., at the Office of Superintendent of Public Instruction (OSPI), Brouillet Room, Old Capitol Building, 600 South Washington Street, Olympia, WA 98501. Those wishing to testify should arrive by 9:00 a.m.

Date of Intended Adoption: January 11, 2019.

Submit Written Comments to: Jody Hess, OSPI, HiCap, P.O. Box 47200, Olympia, WA 98504-7200, email jody.hess@k12.wa.us, by January 8, 2019.

Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-754-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by January 2, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these proposed rules is to align the rules for the highly capable program to the statutory changes made to the program by E2SSB 6362 (2018).

Reasons Supporting Proposal: E2SSB 6362 (2018) added a new section to chapter 28A.300 RCW. The changes go into effect for the 2018-19 school year. New language added to the statute addresses requirements that districts follow criteria specified in the law when identifying students for highly capable services. The superintendent of public instruction is directed to require districts to follow these criteria and to disseminate guidance that is updated and aligned with evidence-based practices.

Statutory Authority for Adoption: RCW 28A.150.290, 28A.185.030, 28A.185.050.

Statute Being Implemented: RCW 28A.300.770.

Rule is not necessitated by federal law, federal or state court decision.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.030.

Explanation of exemptions: No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW 19.85.030 (1) or (2).

State Superintendent

of Public Instruction

AMENDATORY SECTION(Amending WSR 13-07-020, filed 3/12/13, effective 4/12/13)

WAC 392-170-005Authority.

The authority for this chapter is RCW 28A.150.290, 28A.185.030, and 28A.185.050, which authorize the superintendent of public instruction to adopt rules and regulations for the administration of a program for highly capable students in kindergarten through twelfth grade, including the ((nomination))referral, assessment, and selection of such students.

AMENDATORY SECTION(Amending WSR 18-03-012, filed 1/5/18, effective 2/5/18)

WAC 392-170-055Assessment process for selection as highly capable student.

(1) The superintendent of public instruction must require school districts to have identification procedures for their highly capable programs that are clearly stated and implemented by school districts using the following criteria:

(a) Districts must use multiple objective criteria to identify students who are among the most highly capable. Multiple pathways for qualifications must be available and no single criterion may disqualify a student from identification;

(b) Highly capable selection decisions must be based on consideration of criteria benchmarked on local norms, but local norms may not be used as a more restrictive criteria than national norms;

(c) Subjective measures such as teacher recommendations or report card grades may not be used to screen out a student from assessment. These data points may be used alongside other criteria during selection to support identification, but may not be used to disqualify a student from being identified; and

(d) To the extent practicable, screening and assessments must be given in the native language of the student. If native language screening and assessments are not available, a nonverbal screening and assessment must be used.

(2) Students ((nominated))referred for selection as a highly capable student, unless eliminated through screening as provided in WAC 392-170-045, shall be assessed by qualified district personnel;

(((2) Districts shall use multiple objective criteria for identification of students who are among the most highly capable.))(3) There is no single prescribed method for identification of students among the most highly capable;

(((3)))(4) Districts shall have a clearly defined and written assessment process; and

(((4)))(5) Consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students.

WAC 392-170-083Guidance aligned with evidence-based practices.

The superintendent of public instruction must disseminate guidance on best practices for highly capable programs that includes: Referral, screening, assessment, selection, and placement. The guidance must be regularly updated and aligned with evidence-based practices.