WSR 97-23-012




[Filed November 7, 1997, 10:36 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-21-013.

Title of Rule: Chapter 392-170 WAC.

Purpose: To update information because of legislation recommendations by the superintendent's State Gifted Advisory Committee.

Statutory Authority for Adoption: Chapter 28A.185 RCW.

Summary: Same as above.

Name of Agency Personnel Responsible for Drafting: Rick Wilson, Office of Superintendent of Public Instruction, Olympia, 753-2298; Implementation: Gayle Pauley, Office of Superintendent of Public Instruction, Olympia, 753-2858; and Enforcement: Jane Gutting, Office of Superintendent of Public Instruction, Olympia, 753-0793.

Name of Proponent: Superintendent of Public Instruction, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Wanamaker Conference Room, 2nd Floor, Old Capitol Building, 600 South Washington Street, Olympia, WA 98504-7200, on January 13, 1998, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Jim Rich by January 3, 1998, TDD (360) 664-3631, or (360) 753-6733.

Submit Written Comments to: Rules Coordinator, Legal Services, P.O. Box 47200, Olympia, WA 98504-7200, FAX (360) 753-4201.

Date of Intended Adoption: January 14, 1998.

November 7, 1997

Dr. Terry Bergeson

Superintendent of

Public Instruction

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

WAC 392-170-035 Definition--Highly capable students. As used in this chapter, the term highly capable student shall mean a student who has been assessed to have superior intellectual ability as demonstrated by one or more of the multiple criteria specified in WAC 392-170-040.

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.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), 392-170-035, filed 6/28/84.]


WAC 392-170-036 Definition--Unique needs. As used in this chapter, the term unique needs shall mean that identified highly capable students generally possess these learning characteristics:

(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) Ability to make unusual connections among ideas and concepts;

(4) Ability to learn very quickly in their area(s) of intellectual strength;

(5) Capacity for intense concentration and/or focus.



WAC 392-170-037 Definition--Program options. Learning opportunities shown by research and practice to be especially effective with highly capable students include, but are not limited to:

(1) Accelerated learning opportunities;

(2) Grouping arrangements that provide intellectual and interest peer group interactions;

(3) Cooperative agreements between K-12 schools and institutions of higher education providing for concurrent enrollment, dual credit, and other advance and/or postsecondary options;

(4) Programs designed to coordinate, combine and/or share resources, people and facilities within a district or building in order to maximize access to and utilization of available resources for supporting students' learning;

(5) Mentorships and career exploration opportunities.



WAC 392-170-038 Definition--Special teacher. A teacher with experience and/or training in the education of highly capable students. Areas of training should include: Identification, program design and delivery, instructional practices, student assessment, and program evaluation.



WAC 392-170-042 Annual notification. Annual public notification of parents and students must be made before any major identification activity. The notice must be published or announced in school publications, newspapers, and/or other media, with circulation adequate to notify parents and students throughout the district.



WAC 392-170-047 Parental permission. Parental permission must be obtained in writing before:

(1) Conducting assessment(s) to determine eligibility for participation in programs for highly capable students.

(2) Providing initial special services and programs to an identified highly capable student.

Parental permission notice shall include:

(a) A full explanation of the procedures for identification and program options.

(b) An explanation of the appeal process.


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

WAC 392-170-050 Screening of nominees. Students nominated for consideration as highly capable students may be screened for eligibility according to district procedures. Such procedures shall be applied equitably and systematically to all nominated students. Equity of access shall be assured for all nominated students. Screening procedures may eliminate students for whom there exists clear, current evidence that the student will not qualify for eligibility under WAC 392-170-055.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), 392-170-050, filed 6/28/84.]


WAC 392-170-078 Program services. Education program services for each identified highly capable student shall be the result of the assessed academic need of that student. A variety of appropriate programming services, options, and strategies shall be made available on a continuum from kindergarten through high school graduation.


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

WAC 392-170-080 Educational program for highly capable students. Each student ((selected)) identified as a highly capable student shall be provided ((an)) educational ((opportunity)) opportunities which take((s)) into account such students' unique needs and capabilities. Such program shall recognize the limits of the resources provided by the state and the program options available to the district, including programs in adjoining districts and public institutions of higher education. Districts shall keep on file a description of the educational program provided for each student selected.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), 392-170-080, filed 6/28/84.]

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

WAC 392-170-090 End of year report. Districts shall submit to the superintendent of public instruction at the close of fiscal year an end of the year report on forms provided by the superintendent of public instruction which includes number of students served by grade level ((and)), the ethnicity and gender of such students, and program(s) provided for these students.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), 392-170-090, filed 6/28/84.]

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