Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-19-137.

     Title of Rule and Other Identifying Information: Chapter 392-170 WAC, Special services programs for highly capable students.

     Hearing Location(s): Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, on August 9, 2006, at 10:00 a.m.-11:00 p.m.

     Date of Intended Adoption: September 6, 2006.

     Submit Written Comments to: Gayle Pauley, Office of Superintendent of Public Instruction, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail gpauley@ospi.wednet.edu, fax (360) 586-3305, by July 28, 2006.

     Assistance for Persons with Disabilities: Contact Dodie Richter by July 17, 2006, TTY (360) 664-3631 or (360) 725-6194.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rules need to be clarified and added according to RCW 28A.185.050. There are not substantial changes overall. Changes reflect RCW requirements to add a program evaluation and monitoring.

     Reasons Supporting Proposal: Required changes under RCW 28A.185.050.

     Statutory Authority for Adoption: RCW 28A.300.070.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Chapter 392-170 WAC is being amended to meet state legislated requirements and to clarify specific sections. The clarifications are made to explain the following:

     1. What information must be included in the HCP application.

     2. Clarify what "plan" means.

     3. Add WAC 392-170-087 Program review and monitoring, as required under RCW 28A.185.050.

     Name of Proponent: Gayle Pauley, Director Title I/LAP & Title V, governmental.

     Name of Agency Personnel Responsible for Drafting: Gayle Pauley, Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6100; Implementation: Bob Harmon, Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6170; and Enforcement: Terry Bergeson, Office of Superintendent of Public Instruction, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6004.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. No additional costs to rule changes are anticipated.

     A cost-benefit analysis is not required under RCW 34.05.328. No additional costs to rule changes are anticipated.

June 14, 2006

Dr. Terry Bergeson

State Superintendent

of Public Instruction

OTS-8257.1

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-030   Substance of annual school district application.   The school district's annual application shall contain the following:

     (1) Number of students to be served by grade level;

     (2) Brief description of plan to identify students;

     (3) Program ((goals)) services;

     (4) Instructional program description; ((and))

     (5) Professional development;

     (6) Program evaluation and fiscal report; and

     (7) Assurances signed by the school district's authorized representative that the district shall comply with all applicable statutes and regulations.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-030, filed 6/28/84.]

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-078, filed 5/20/98, effective 6/20/98.]

     (1) The process used by the district to identify highly capable students;

     (2) Assessment data and other indicators to determine the degree to which districts are meeting the academic needs of identified students; and

     (3) Highly capable program expenditures.

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