PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-16-055.
Title of Rule and Other Identifying Information: Chapter 392-162 WAC, Special service program -- Learning assistance program.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, on November 22, 2006, at 9:00 a.m. - 10:00 a.m.
Date of Intended Adoption: November 23, 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 October 30, 2006.
Assistance for Persons with Disabilities: Contact Dodie Richter by November 21, 2006, TTY (360) 664-3631 or (360) 725-6194.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes made to chapter 392-162 WAC address statute chapter 28A.165 RCW. Specific actions required of districts that accept learning assistance program (LAP) funds is clarified. Each section clarifies the procedures that districts must follow to gain LAP funds through OSPI's LAP application process.
Reasons Supporting Proposal: Changes to state law require an update of the WAC under ESB 5877 of 2004, HB 1066 of 2005, and ESSB 6386 of 2006.
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: The statutory language has been included in the administrative code to reflect specific changes that occurred in the 2005 and 2006 legislative session. The agency is responsible for making these corrections and additions in the WAC based upon HB 1066 and SB 6386. It is recommended that the WAC changes be approved.
Name of Proponent: Gayle Pauley, Director Title I/LAP and Title V, governmental.
Name of Agency Personnel Responsible for Drafting: Gayle Pauley, OSPI, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6100; Implementation: Bob Harmon, OSPI, Old Capitol Building, 600 Washington Street S.E., Olympia, WA 98504-7200, (360) 725-6170; and Enforcement: Terry Bergeson, OSPI, 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.
A cost-benefit analysis is not required under RCW 34.05.328.
September 15, 2006
Dr. Terry Bergeson
Superintendent of
Public Instruction
OTS-9059.2
AMENDATORY SECTION(Amending Order 87-14, filed 10/22/87)
WAC 392-162-005
Authority.
The authority for this
chapter is ((chapter 478, Laws of 1987)) RCW 28A.164.075 which
authorizes the superintendent of public instruction to
((promulgate)) adopt rules and regulations for the
((implementation)) administration of a program designed to
provide learning assistance to public school students in
grades kindergarten through ((nine)) eleven (grade twelve
beginning with the 2007-08 school year) who are deficient in
basic skills achievement.
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-005, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-005, filed 6/28/84.]
The learning assistance program requirements in this chapter are designed to:
(1) Provide the means by which a school district becomes eligible for learning assistance program funds and the distribution of those funds;
(2) Promote the use of assessment data when developing programs to assist underachieving students; and
(3) Guide school districts in providing the most effective and efficient practices when implementing programs to assist underachieving students.
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-010, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-010, filed 6/28/84.]
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-015, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-015, filed 6/28/84.]
"Approved program" means a program submitted to and approved by the office of the superintendent of public instruction and conducted pursuant to the plan that addresses the required elements as provided for in this chapter.
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-020, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-020, filed 6/28/84.]
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-025, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-025, filed 6/28/84.]
Beginning with the 2007-08 school year, "participating student" means a student in kindergarten through grade twelve who scores below standard for his or her grade level on the statewide assessments and who is identified in the approved plan to receive services.
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-032, filed 10/22/87.]
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(1) Achievement goals for students;
(2) Roles for the student(s), parents, or guardians and teachers in the plan;
(3) Communication procedures regarding student(s) accomplishment; and
(4) Plan review and adjustment processes.
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[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-045, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-20-088 (Order 84-47), § 392-162-045, filed 10/2/84; 84-14-038 (Order 84-21), § 392-162-045, filed 6/28/84.]
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[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), § 392-162-057, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), § 392-162-057, filed 10/22/87.]
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-060, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-060, filed 6/28/84.]
[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), § 392-162-062, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), § 392-162-062, filed 10/22/87.]
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-065, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-065, filed 6/28/84.]
A school district must identify the program activities to be implemented from RCW 28A.165.035 and implement all of the elements in subsections (1) through (8) of this section. The school district plan shall include the following:
(1) District and school-level data on reading, writing, and mathematics achievement as reported pursuant to chapter 28A.655 RCW and relevant federal law;
(2) Processes used for identifying the underachieving students to be served by the program, including the identification of school or program sites providing program activities;
(3) Accelerated learning plans are to be developed and implemented for participating students. Accelerated learning plans may be developed as part of an existing student achievement plan process such as student plans for achieving state high school graduation standards, individual student academic plans, or the achievement plans for groups of students;
(4) How state level and classroom assessments are used to inform instruction;
(5) How focused and intentional instructional strategies have been identified and implemented;
(6) How highly qualified instructional staff are developed and supported in the program and in participating schools;
(7) How other federal, state, district, and school resources are coordinated with school improvement plans and the district's strategic plan to support underachieving students; and
(8) How a program evaluation will be conducted to determine direction for the following school year.
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(1) Extended learning time through extended day, week or year activities;
(2) Professional development for certificated and classified staff that focuses on the needs of diverse student populations, specific literacy and mathematics content and instructional strategies, and the use of student work to guide effective instruction;
(3) Consultant teacher to assist in implementing effective instructional practices by teachers serving participating students;
(4) Tutoring support for participating students; and
(5) Outreach activities and support for parents of participating students.
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School districts achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW shall have their program approved once the program plan and activities submittal is completed.
School districts not achieving state reading and mathematics goals as prescribed in chapter 28A.655 RCW and that are not in a state or federal program of school improvement shall be subject to program approval once the plan components are reviewed by the office of the superintendent of public instruction for the purpose of receiving technical assistance in the final development of the plan.
School districts with one or more schools in a state or federal program of school improvement shall have their plans and activities reviewed and approved in conjunction with the state or federal program school improvement program requirements.
The superintendent of public instruction shall review and
approve each district's ((planning document)) program. A
district's learning assistance program shall not be
implemented prior to ((planning document)) approval.
[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), § 392-162-075, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), § 392-162-075, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-075, filed 6/28/84.]
(1) Are enrolled in grades kindergarten through ((nine))
eleven (grade twelve beginning with the 2007-08 school year);
(2) Are performing below the state standard for his or
her grade level; ((provided, that all students in school-wide
project schools will be eligible for services based on
academic need;))
(3) Have been ((selected using multiple measures))
identified in the approved district plan to receive services;
and
(4) Have been determined to have the greatest risk of not meeting the state's challenging content and performance standards.
[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), § 392-162-080, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), § 392-162-080, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-080, filed 6/28/84.]
[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-100, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-100, filed 6/28/84.]
[Statutory Authority: 1987 c 478. 95-19-032 (Order 95-09), § 392-162-105, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), § 392-162-105, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-105, filed 6/28/84.]
[Statutory Authority: 1987 c 478. 95-19-031 (Order 95-08), § 392-162-110, filed 9/12/95, effective 10/13/95; 87-22-001 (Order 87-14), § 392-162-110, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-110, filed 6/28/84.]
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[Statutory Authority: 1987 c 478. 87-22-001 (Order 87-14), § 392-162-115, filed 10/22/87. Statutory Authority: RCW 28A.41.408. 84-14-038 (Order 84-21), § 392-162-115, filed 6/28/84.]
The following sections of the Washington Administrative Code are repealed:
WAC 392-162-030 | Definition -- Eligible students. |
WAC 392-162-035 | Definition -- Additional/supplemental services. |
WAC 392-162-040 | Definition -- Placement testing. |
WAC 392-162-043 | Definition -- School-wide project. |
WAC 392-162-047 | Definition -- Basic skills test. |
WAC 392-162-049 | Definition -- Needs assessment. |
WAC 392-162-050 | Definition -- Accounting manual. |
WAC 392-162-052 | Definition -- Indirect expenditures. |
WAC 392-162-053 | Definition -- Direct expenditures. |
WAC 392-162-067 | Program requirement -- Needs assessment. |
WAC 392-162-085 | Program requirement -- Consultation with the "advisory committee." |
WAC 392-162-090 | Program requirement -- Notification of parents. |
WAC 392-162-095 | Program requirement -- Allowable expenditures. |