[Filed March 10, 2025, 11:25 a.m.]

Preproposal statement of inquiry was filed as WSR 24-18-056.

Title of Rule and Other Identifying Information: WAC 392-410-350 Seal of biliteracy.

Hearing Location(s): On April 29, 2025, at 11:00 a.m., via Zoom (call-in option also available). Participation link available on the office of superintendent of public instruction (OSPI) rules web page at ospi.k12.wa.us/policy-funding/ospi-rulemaking-activity. The hearing will be held as a virtual public hearing, without a physical meeting space. Please visit the OSPI rules web page for information on participating in the hearing at ospi.k12.wa.us/policy-funding/ospi-rulemaking-activity. For participation questions, please email sirena.wu@k12.wa.us.

Date of Intended Adoption: May 1, 2025.

Submit Written Comments to: Kristin Percy Calaff, OSPI, P.O. Box 47200, Olympia, WA 98504, email MultilingualEd@k12.wa.us, beginning March 11, 2025, 8:00 a.m., by April 29, 2025, 5:00 p.m.

Assistance for Persons with Disabilities: Contact Sirena Wu, OSPI rules coordinator, phone 360-480-9317, TTY 360-664-3631, email sirena.wu@k12.wa.us, by April 22, 2025.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: OSPI is proposing rule making concerning the seal of biliteracy (the seal) to align with HB [3SHB] 1228 (2024), recognize additional proficiency scales, and create multiple levels of the seal. This would put Washington state on par with other states, which have multitiered seal programs. Currently, the proficiency level to earn the seal is ACTFL intermediate mid. With dual language education programs producing students with higher levels of proficiency, a multilevel seal would motivate students to continue language learning beyond intermediate mid. A multitiered seal would also encourage students to take additional languages after the requirements for the first language are met.

Reasons Supporting Proposal: In addition to ensuring that the seal of biliteracy rules align with HB [3SHB] 1228 (2024), the proposed changes are intended to ensure that students have access to higher levels of language learning through a multilevel seal of biliteracy program. While other states offer multilevel seal programs, Washington state currently does not. Establishing multiple and higher levels of the seal would allow Washington state to have language programs that are competitive with those of other states.

Statutory Authority for Adoption: RCW 28A.300.575.

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

Name of Agency Personnel Responsible for Drafting and Implementation: Kristin Percy Calaff, OSPI, 600 South Washington Street, Olympia, WA; Enforcement: OSPI, 600 South Washington Street, Olympia, WA.

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 19.85.025(4).

Is exempt under RCW 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).

Scope of exemption for rule proposal:

State Superintendent of Public Instruction

AMENDATORY SECTION(Amending WSR 22-05-033, filed 2/7/22, effective 3/10/22)

WAC 392-410-350Seal of biliteracy.

(1) Graduating high school students must meet the following criteria to be awarded ((the))a Washington state seal of biliteracy:

(a) Students must earn a Washington state high school diploma from a public school, public charter school, or state tribal education compact school;

(b) Students must demonstrate proficiency in English by meeting the statewide minimum graduation requirements in English in compliance with RCW 28A.655.250; and

(((b)))(c) Students must demonstrate proficiency in one or more languages other than English, comprising world languages, ((which includes))tribal languages, and heritage ((and tribal)) languages, by ((one of the following))earning either an intermediate award or an advanced award:

(i) Intermediate award. Students must meet one of the following in order to earn an intermediate award:

(A) Demonstrating intermediate-mid level proficiency or higher on all components in the world language ((based on))corresponding to the American Council on the Teaching of Foreign Languages (ACTFL) proficiency guidelines, a B1.1 or higher on the Common European Framework of Reference for Language (CEFR), or a 1+ on the Interagency Language Roundtable (ILR) skill level descriptions, using a national or international assessment approved by the office of the superintendent of public instruction; ((or

(ii)))(B) Earning four competency-based credits in one language other than English according to the school district's policy and procedure for competency-based credits for world languages; ((or

(iii)))(C) Demonstrating intermediate proficiency or equivalent in tribal ((or Native American)) languages; ((or

(iv)))(D) Demonstrating intermediate-mid ((proficiency in))or equivalent on an American Sign Language (ASL) proficiency assessment; ((or

(v)))(E) Passing an International Baccalaureate examination with a score of four or ((higher))five; or

(((vi)))(F) Passing a world language and culture Advanced Placement examination with a score of three or ((higher))four.

(ii) Advanced award. Students must meet one of the following in order to achieve an advanced award:

(A) Demonstrating advanced-low level proficiency or higher on all components in the world language corresponding to the ACTFL proficiency guidelines, a B2.1 or higher on the CEFR scale, or a two on the ILR using a national or international assessment approved by OSPI;

(B) Earning four competency-based credits or intermediate-mid proficiency under (c)(i) of this subsection in two or more languages other than English according to the school district's policy and procedure for competency-based credits;

(D) Demonstrating advanced proficiency or equivalent in tribal languages;

(E) Demonstrating advanced-low or equivalent on an American Sign Language assessment;

(F) Passing an International Baccalaureate examination with a score of six or higher or completing two Language A requirements; or

(G) Passing a world language and culture Advanced Placement examination with a score of five or world language and literature with a score of three.

(2) Proficiency in tribal ((or Native American)) languages under subsection (1)(((b)(iii)))(c)(i)(C) of this section is determined by the sovereign tribal government.

(a) Students of ((Native American))tribal languages spoken by Washington's ((29)) federally recognized tribes must be assessed by a first peoples' first language, culture, and oral traditions certified educator under WAC 181-78A-700 and 181-79A-140.

(b) For ((Native and)) tribal languages that are outside of Washington's ((29)) federally recognized tribes, consult the office of native education within the office of superintendent of public instruction.

(3) All earned seals of biliteracy must be reported by the final Friday of August every year.