Title of Rule and Other Identifying Information: Recommended changes to WAC 392-410-315 Equivalency course of study, credit for work based learning. Clarification of existing requirements to support improved student learning and safety, liability and accountability for all stakeholders to:

•     Ensure that all students are able to access work based learning.

•     Better differentiate and define terms used in the current WAC language.

•     Update alignment with related policies and state agencies.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules:

•     Ensure that all students are able to access work based learning.

•     Better differentiate and define terms used in the current WAC language.

•     Update alignment with related policies and state agencies.

•     Clarify who can coordinate a worksite learning experience.

     Reasons Supporting Proposal: This newest version of the WAC change proposal is based on the feedback we received in the hearing on October 26, 2007. Following is an overview of the feedback we received during that hearing which prompted the changes to the WAC language.

     (1) At the hearing, Phyllis Lawson confirmed that she could initiate a change to the related certification WAC to use the term "worksite" rather than "work based." (This is why most instances of the term "work based" have been changed to "worksite.")

     (2) Cal Brody asked that we add a statement to include working in the school setting as well as the community.

     (3) Bryan Jefferies asked that we make a change to the wording of what the worksite learning coordinator will do when not onsite during the experience.

     (4) The superintendent from Central Valley (Spokane) asked that we add a comment about when a district employee may be required to supervise the student onsite.

     (5) Several district CTE directors (in particular Debbie McCleary from Kennewick) asked that we modify the wording regarding the age of a student participating in "instructional" worksite learning to allow those younger than sixteen to participate under certain circumstances.

     (6) Other changes were based on semantics.

     Statutory Authority for Adoption: RCW 28A.305.130.

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

     Name of Proponent: [OSPI], governmental.

     Name of Agency Personnel Responsible for Drafting: Diane Carver, CTE, (360) 725-6258; Implementation: Betty Klattenhoff, CTE, (360) 725-6243; and Enforcement: Betty Klattenhoff, CTE, (360) 725-6256.

May 14, 2008

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1391.1

AMENDATORY SECTION(Amending WSR 08-04-074, filed 2/4/08, effective 3/6/08)

WAC 392-410-315   Equivalency course of study -- Credit for work based learning.   School districts may accept worksite learning in lieu of either required or elective high school credits if such worksite learning meets the standards under subsections (1) through (5) of this section. Comprehensive guidelines are available on the OSPI web site in the ((work based learning coordination manual/guidelines)) worksite learning manual.

     (1) Definitions:

     (a) "Work based learning" means a learning experience that connects knowledge and skills obtained in the classroom to those needed outside the classroom, and comprises a range of activities and instructional strategies designed to assist students in developing or fulfilling their education plans.

     (b) "Worksite learning" means a learning experience that occurs at a qualified worksite outside the classroom in fulfillment of a student's educational or career plan through the coordination of a ((work based)) worksite learning ((certificated)) certified teacher. Direct instruction and supervision is provided by a qualified worksite supervisor.

     (c) "Worksite learning coordinator" means a ((certificated)) certified school district employee responsible for coordinating worksite learning experiences. For career and technical education programs, the coordinator must possess a ((work based)) worksite learning certificate (WAC 181-77-068). For noncareer and technical education programs, the coordinator must successfully demonstrate competencies related to coordination techniques as verified by a professional educator standards board approved program.

     (d) "Worksite supervisor" means a qualified adult from the worksite responsible for overseeing the worksite learning experience and acting as liaison between the worksite and school district.

     (e) "((Work based)) Worksite learning agreement" means a contract that specifies the terms and conditions under which the worksite learning experience shall occur. It is agreed to and signed by the school district, worksite supervisor, student, and the student's parents/guardians.

     (f) "Program orientation" means a meeting conducted by a worksite learning coordinator giving information to a worksite supervisor about the ((work based)) worksite learning program of the school. The orientation clarifies program objectives, establishes support systems, and delineates the responsibilities and rights of the various parties -- school/district, worksite, students, and parents/guardians. The worksite learning coordinator qualifies the worksite and the worksite supervisor.

     (g) "((New)) Employee orientation" means training for the student facilitated by a worksite supervisor or designee (e.g., human resources). This is necessary for students in cooperative worksite learning and instructional worksite learning experiences. The orientation includes worksite safety procedures and practices, workers' rights and responsibilities, issues related to harassment, and employer policies, procedures and expectations. The orientation shall also include a description of the formal accident prevention program of the worksite.

     (h) "Instructional worksite learning" means a learning experience that takes place in the community (or school if the experience is comparable to that in a community setting) as part of a specific course content where the student performs tasks in order to gain desired skills, competencies, qualifications or industry certifications through direct instruction.

     (i) "Cooperative worksite learning" means a learning experience where a student practices in the community (or school if the experience is comparable to that in a community setting) the skills and knowledge learned in the classroom. An employer/employee relationship must exist if the work performed by the student results in a net increase in productivity or profitability for the business or organization.

     (j) "Qualifying class" means any high school class previously completed (successfully) or concurrently taken that directly connects the knowledge and skills learned in the class to opportunities provided by the worksite learning experience. For career and technical education funding, "qualifying classes" mean classes approved for career and technical education in the district offering worksite learning credit.

     (2) The student shall be placed in a worksite that is appropriate to ((the)) his or her previous learning experience and educational goals which shall be formalized through a worksite learning agreement and worksite learning plan. The worksite learning experience shall be connected to the student's high school and beyond plan (WAC 180-51-061). The student must have taken or be concurrently enrolled in a qualifying class.

     (a) The worksite learning plan shall articulate the connection between the education plan of the student and the ((work based)) worksite learning experience.

     (b) Evaluation of learning progress related to the worksite learning plan shall ((articulate clear, measurable learning objectives)) occur during the worksite learning experience.

     (c) Evaluation of learning progress related to the worksite learning plan shall occur during the work based learning experience.

     (i) Learning objectives shall be evaluated and updated on a regular basis as outlined in the worksite learning agreement.

     (ii) Documentation of progress shall be on file in the district as outlined in the worksite learning agreement.

     (3) The worksite learning experience shall be supervised by the school. A worksite learning coordinator shall be responsible for:

     (a) Aligning the worksite learning experience to the education plan of the student;

     (b) Identifying and developing ((work based)) worksite learning sites, establishing ((work based)) worksite learning agreements and ((work based)) worksite learning plans, orienting and coordinating with a worksite supervisor on the ((work based learning site)) worksite, and assessing and reporting student progress;

     (c) Ensuring that a worksite supervisor:

     (i) Has received an orientation on the worksite learning program of the school prior to placement of the student on the worksite; ((and))

     (ii) Has provided the student with a new-employee orientation upon placement; ((and

     (d) Applying)) (iii) Applies legal requirements of the employment of minors in accordance with chapters 296-125 and 296-131 WAC, particularly on issues of occupational health and safety, discrimination, harassment, worker/employer rights and responsibilities, and work rules for minors; ((and

     (e))) (d) Possessing a valid Washington state secondary teaching certificate (chapter 181-79A or 181-77 WAC); ((and

     (f))) (e) Successfully demonstrating competencies related to coordination techniques as verified by a professional educator standards board approved program; and

     (f) Supervising the experience and communicating with the worksite supervisor when not on-site.

     (4) ((One)) A 1.0 credit may be granted for no less than one hundred eighty hours for instructional worksite learning experience, and not less than three hundred sixty hours of cooperative worksite learning experience, or one credit may be granted on a competency basis as provided under WAC 180-51-050 (1)(b).

     (a) A student participating in an instructional worksite learning experience shall receive instruction supervised by the school. The worksite learning coordinator oversees the experience but does not need to be on-site with the student during the entire experience unless specific accommodations and a plan to address those accommodations are on file with the district requiring direct supervision of the student at the worksite. The student shall be sixteen years of age or older unless under direct supervision of a school district employee.

     Career and technical education approved instructional worksite learning ((experience)) shall be coordinated by a certificated ((work based)) worksite learning coordinator who is also certificated in the program area where credit is offered.

     (b) A student participating in a cooperative worksite learning experience shall be legally employed if the work being performed by the student results in a net increase in productivity or profitability for the business or organization. The student shall be sixteen years of age or older.

     (i) Career and technical education approved cooperative worksite learning shall be coordinated by a certificated worksite learning coordinator.

     (ii) The cooperative worksite learning experience shall be a direct extension of a qualifying ((course)) class.

     (5) The superintendent of public instruction shall report biennially at the state board's fall meeting on the use of the ((work based)) worksite learning credit option authorized in this section.

[Statutory Authority: RCW 28A.305.130. 08-04-074, § 392-410-315, filed 2/4/08, effective 3/6/08. Statutory Authority: 2006 c 263. 06-14-009, recodified as § 392-410-315, filed 6/22/06, effective 6/22/06. Statutory Authority: RCW 28A.305.130 (8), (9), and 28A.230.100. 03-04-054, § 180-50-315, filed 1/29/03, effective 3/1/03. Statutory Authority: RCW 28A.04.120. 00-19-106, § 180-50-315, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.04.120 (6) and (8) and 28A.05.060. 85-12-037 (Order 13-85), § 180-50-315, filed 6/3/85. Statutory Authority: RCW 28A.04.120 (6) and (8). 84-21-004 (Order 12-84), § 180-50-315, filed 10/4/84.]

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