PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-15-009.
Title of Rule and Other Identifying Information: Chapter 392-170 WAC, Special service program -- Highly capable students.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, Brouillet Conference, 600 South Washington, Olympia, WA 98504-7200, on November 28, 2012, at 1:00 p.m.
Date of Intended Adoption: November 28, 2012.
Submit Written Comments to: Gayle Pauley, Director, OSPI, Special Programs and Federal Accountability, P.O. Box 47200, Olympia, WA 98504-7200, e-mail gayle.pauley@k12.wa.us, fax (360) 586-3305, by November 19, 2012.
Assistance for Persons with Disabilities: Contact Wanda Griffin by November 19, 2012, TTY (360) 664-3631 or (360) 725-6132.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 392-170 WAC has been revised to reflect the state legislation changes to chapter 28A.185 RCW. Sections were changed to reflect that highly capable programs and services are for the education of K-12 students through a state appropriation as part of basic education. Technical corrections and formatting changes have been made to clarify definitions and to revise sections to comply with chapter 28A.185 RCW, and to repeal sections that are no longer applicable under chapter 28A.185 RCW.
Changes were made to reflect that highly capable programs and services are for highly capable students in kindergarten through twelfth grade, and that districts complete an annual plan for the district's highly capable to receive the funding appropriation. Sections were changed to clarify school district annual plan content, identification procedures, parent permission, and end-of-year report content. A new section was added which requires an appeal process.
Statutory Authority for Adoption: Chapter 28A.185 RCW, Highly capable students.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: [OSPI], governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Gayle Pauley, OSPI, special programs and federal accountability, (360) 725-6100; and Enforcement: Bob Harmon, OSPI, special programs and federal accountability, (360) 725-6170.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Was not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Was not applicable.
September 24, 2012
Randy Dorn
Superintendent of
Public Instruction
OTS-4876.3
AMENDATORY SECTION(Amending Order 18, filed 7/19/90,
effective 8/19/90)
WAC 392-170-005
Authority.
The authority for this
chapter is ((chapter 28A.185)) RCW(( -- )) 28A.150.290,
28A.185.030, and 28A.185.050, which authorize((s)) 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, assessment, and selection of such
students.
[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-170-005, filed 7/19/90, effective 8/19/90. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-005, filed 6/28/84.]
[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-010, filed 6/28/84.]
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[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-020, filed 6/28/84.]
[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-025, filed 6/28/84.]
(1) A report of the number of K-12 students ((to be
served)) who are highly capable that the district expects to
serve by grade level;
(2) ((Brief)) A description of the district's plan to
identify students;
(3) ((Program services)) A description of the highly
capable program goals;
(4) A description of the services the highly capable program will offer;
(5) A description of the instructional program
((description)) the highly capable program will provide;
(((5))) (6) A description of ongoing professional
development for educators of students who are highly capable
and general education staff;
(((6))) (7) A description of how the highly capable
program ((evaluation and)) will be evaluated that includes
information on how the district's highly capable program goals
and student achievement outcomes will be measured;
(8) A fiscal report; and
(((7))) (9) Assurances signed by the school district's
authorized representative that the district ((shall)) will
comply with all applicable statutes and regulations.
[Statutory Authority: RCW 28A.300.070. 06-18-105, § 392-170-030, filed 9/6/06, effective 10/7/06. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-030, filed 6/28/84.]
These students exhibit high capability in intellectual and/or creative areas, possess an unusual leadership capacity, or excel in specific academic fields, thereby requiring services beyond the basic programs provided by schools. Outstanding abilities are present in students from all cultural groups, across all economic strata, and in all areas of human endeavor.)) As used in this chapter, the term students who are highly capable means that students who are highly capable perform or show potential for performing at significantly advanced academic levels when compared with others of their age, experiences, or environments. Outstanding abilities are seen within students' general intellectual aptitudes, specific academic abilities, and/or creative productivities within a specific domain. These students are present not only in the general populace, but are present within all protected classes according to chapters 28A.640 and 28A.642 RCW.
[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-035, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-035, filed 6/28/84.]
(1) Capacity to learn with unusual depth of understanding, to retain what has been learned, and to transfer learning to new situations;
(2) Capacity and willingness to deal with increasing levels of abstraction and complexity earlier than their chronological peers;
(3) Creative ability to make unusual connections among ideas and concepts;
(4) Ability to learn ((very)) quickly in their area(s) of
intellectual strength; and
(5) Capacity for intense concentration and/or focus.
[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-036, filed 5/20/98, effective 6/20/98.]
[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-038, filed 5/20/98, effective 6/20/98.]
[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-042, filed 5/20/98, effective 6/20/98.]
A district's nomination procedure for students who are highly capable may include screening procedures to eliminate students who, based on clear, current evidence, do not qualify for eligibility under WAC 392-170-055.
[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-045, filed 6/28/84.]
(1) Conducting assessment(s) to determine eligibility for
participation in programs for highly capable students((.));
(2) ((Providing initial)) Placement in the district's
highly capable program before any special services and
programs ((to)) are started for an identified highly capable
student((.));
Parental permission notice shall include:
(a) A full explanation of the procedures for
identification ((and program options.)) of a student for
entrance into the highly capable program;
(b) An explanation of the ((appeal)) appeal's process;
(c) An explanation of the procedures to exit a student from the program; and
(d) Information on the district's program and the options that will be available to identified students.
[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-047, filed 5/20/98, effective 6/20/98.]
(1) Evidence that the student scores in the top ten percent in cognitive ability as demonstrated by a standardized ability test;
(2) Evidence that the student scores in the top five percent in one or more specific academic achievement area; and/or
(3) Evidence that the student demonstrates behavioral characteristics for exceptional creativity));
(2) Districts shall use multiple objective criteria for identification of students who are highly capable. There is no single prescribed method for identification of highly capable students; and
(3) Districts shall have a clearly defined and written assessment process.
[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-055, filed 6/28/84.]
[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-060, filed 6/28/84.]
(1) A ((classroom)) special teacher ((with training and
experience in teaching highly capable students)): Provided,
that if ((such)) a ((classroom)) special teacher is not
available, a classroom teacher shall be appointed;
(2) A psychologist or other qualified practitioner with the training to interpret cognitive and achievement test results;
(3) A ((district administrator)) certificated
coordinator/administrator with responsibility for the
supervision of the district's program for highly capable
students; and
(4) Such additional professionals, if any, the district deems desirable.
[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-070, filed 6/28/84.]
(1) Shall ((be consistent with the state board of
education's prohibition against unlawful discrimination as
defined in WAC 180-40-215(1))) not violate federal and state
civil rights laws, including, without limitation, chapters
28A.640 and 28A.642 RCW;
(2) Shall be based on professional judgment as to which
students will benefit the most from inclusion in the
district's program((, including such additional factors as the
student's desire to be included in the program options
provided by the district)); and
(3) Shall be based on a selection system that determines
which students are the most highly capable ((and which
considers the multiple criteria in WAC 392-170-040, the
assessment criteria in)) as defined under WAC 392-170-055, and
other data collected in the assessment process((: Provided,
That for students whose cognitive ability score or achievement
test results are not available for inclusion in the assessment
because of the provision of WAC 392-170-060, the final
selection ranking system shall provide an equal opportunity
for such students to be included as most highly capable in
spite of the fact that one or more of these scores were not
available for inclusion in the assessment of such students)).
[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-075, filed 6/28/84.]
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[Statutory Authority: RCW 28A.300.070. 06-18-105, § 392-170-078, filed 9/6/06, effective 10/7/06. Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-078, filed 5/20/98, effective 6/20/98.]
[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-080, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-080, filed 6/28/84.]
(1) Number of students served by grade level((, the
ethnicity and gender of such students, and program(s) provided
for these students)) (K-12);
(2) Student demographic information;
(3) Data to determine if students who are highly capable met the goals set and if the services provided met the academic needs of these students;
(4) Number and content of professional development activities provided for special teachers and general education staff;
(5) Program evaluation data and, if needed, program changes that will be made based upon this information; and
(6) Final fiscal report that reports on activities and staff funded by this program.
[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-090, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-090, filed 6/28/84.]
The following sections of the Washington Administrative Code are repealed:
WAC 392-170-015 | Local option. |
WAC 392-170-037 | Definition -- Program options. |
WAC 392-170-040 | Multiple criteria for determination of superior intellectual ability -- Definitions. |
WAC 392-170-050 | Screening of nominees. |
WAC 392-170-065 | Nondiscrimination in the review of testing results. |
WAC 392-170-085 Notification of parents. |