Date of Adoption: August 23, 2002.

     Purpose: Amend language as recommended by the State Board of Education Accreditation Advisory Committee to align school accreditation and school district approval with the continuing implementation of a performance-based education system.

     Citation of Existing Rules Affected by this Order: Repealing WAC 180-16-006, 180-18-020, 180-53-005, 180-53-010, 180-53-020, 180-53-025, 180-53-030, 180-53-035, 180-53-040, 180-53-045, 180-53-050, 180-53-055, 180-53-060 and 180-53-070; and amending WAC 180-16-002, 180-16-195, 180-16-220, 180-18-010, 180-55-005, 180-55-015, and 180-55-020.

     Statutory Authority for Adoption: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6).

      Adopted under notice filed as WSR 02-14-117 on July 2, 2002.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 7, Repealed 33.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 3, Amended 7, Repealed 33.

     Number of Sections Adopted Using Negotiated Rule Making: New 3, Amended 7, Repealed 33;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
     Effective Date of Rule: Thirty-one days after filing.

August 28, 2002

Larry Davis

Executive Director

OTS-5477.2

AMENDATORY SECTION(Amending WSR 98-08-039, filed 3/24/98, effective 4/24/98)

WAC 180-16-002   Purpose and authority.   (1) In support of improving student learning and growth, the purpose of this chapter is to establish the policies and procedures for state board of education approval of school district programs for entitlement to state basic education allocation funding.

     (2) The authority for this chapter is RCW 28A.150.220(4) ((which requires the state board of education to adopt rules that implement and ensure compliance with the basic program of education requirements of RCW 28A.150.250, 28A.150.260, and 28A.150.220 and such related basic program of education requirements as may be established by the state board of education)).

[Statutory Authority: RCW 28A.150.220(4). 98-08-039, § 180-16-002, filed 3/24/98, effective 4/24/98. Statutory Authority: RCW 28A.150.220(4) and 28A.410.010. 98-01-031, § 180-16-002, filed 12/8/97, effective 1/8/98. Statutory Authority: 1990 c 33. 90-17-009, § 180-16-002, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.754(6). 84-11-043 (Order 2-84), § 180-16-002, filed 5/17/84.]

     (a) The school board president or chairperson, and

     (b) The superintendent of the school district.

     (2) State board staff review.

     (a) State board of education staff shall review each school district's program ((data report and such supplemental state reports as staff deems necessary)) assurance form, conduct on-site monitoring visits of randomly selected school districts, as needed and subject to funding support, and prepare recommendations and ((supporting)) reports for presentation to the state board of education: Provided, That, if a school district's initial program ((data report and any other state reports considered do)) assurance form does not establish compliance with ((these)) the basic education ((allocation entitlement)) program approval requirements, the district shall be provided the opportunity to explain the deficiency ((and provide supplemental data)) or deficiencies. School districts which foresee that they will not be able to comply with ((these entitlement)) the program approval requirements, or that are deemed by the state board to be in noncompliance, may petition for a waiver on the basis of ((the limited ground of)) substantial lack of classroom space as set forth in WAC 180-16-225 and instructional hours offering requirements under WAC 180-18-030.

     (b) School districts may use the personnel and services of the educational service district to assist the district and schools in the district that are out of compliance with basic education program approval requirements.

     (3) Annual certification of compliance or noncompliance -- Withholding of funds for noncompliance.

     (a) At the annual ((March)) spring meeting of the state board of education, or at such other meeting as the board shall designate, the board shall certify by motion each school district as being in compliance or noncompliance with ((these)) the basic education ((allocation entitlement)) program approval requirements.

     (b) A certification of compliance shall be effective for the then current school year subject to any subsequent ad hoc review and determination of noncompliance as may be deemed necessary by the state board of education or advisable by the superintendent of public instruction. In addition, a certification of compliance shall be effective tentatively for the succeeding school year until such time as the state board takes its annual action certifying compliance or noncompliance with ((these entitlement)) the program approval requirements.

     (c) A certification of noncompliance shall be effective until program compliance is assured by the school district to the satisfaction of state board of education staff, subject to review by the state board. Basic education allocation funds shall be deducted from the basic education allocation of a school district that has been certified as being in noncompliance unless such district has received a waiver((, pursuant to WAC 180-16-225,)) from the state board for such noncompliance, pursuant to WAC 180-16-225 or 180-18-030, or assurance of program compliance is subsequently provided for the school year previously certified as in noncompliance and is accepted by the state board.

     (d) The withholding of basic education allocation funding from a school district shall not occur for a noncompliance ((provided that)) if the school district has ((been given a reasonable amount of time to remediate)) remediated the noncompliance situation((, not to exceed forty)) within sixty school business days from the time the district receives notice of the noncompliance from the state board of education. ((It is presumed that forty school business days is a reasonable time for school districts to correct an existing noncompliance.)) The state board of education may extend ((such)) the sixty days timeline only if the district demonstrates((,)) by clear and convincing evidence((,)) that ((such timeline)) sixty days is not reasonable to make the necessary corrections. For the purposes of this section, a school business day shall mean any calendar day, exclusive of Saturdays, Sundays, and any federal and school holidays upon which the office of the superintendent of the school district is open to the public for the conduct of business. A school business day shall be concluded or terminated upon the closure of said office for the calendar day.

     (e) The superintendent of public instruction, or his/her designee, after notification by the state board of education to a school district regarding an existing noncompliance, shall enter into a compliance agreement with the school district that shall include, but not be limited to, the following criteria:

     (i) A deadline for school district remediation of the noncompliance(s), not to exceed ((forty)) sixty school business days per noncompliance as specified in (d) of this subsection.

     (ii) A listing of all the noncompliance areas and the necessary terms that must be satisfied in each area in order for the school district to gain compliance status. This listing also shall specify additional deadlines for the accomplishment of the stated terms if different from the final deadline as specified in subsection (1) of this section.

     (iii) A closing statement specifying that a school district's failure to remediate a noncompliance by the determined deadline shall result in the immediate withholding of the district's basic education allocation funding by the superintendent of public instruction.

     (iv) The date and the signatures of the superintendent of the school district, ((or his/her designee)) the chair of the district's board of directors, and the superintendent of public instruction, or his/her designee, to the agreement. A copy of the completed compliance agreement shall be sent to the chairperson of the school district's board of directors and the school district superintendent.

     (f) In the event a school district fails to sign the compliance agreement within five school business days from the date of issuance or does not satisfy the terms of the signed compliance agreement within the designated amount of time, the superintendent of public instruction shall withhold state funds for the basic education allocation until program compliance is assured((.

     (g) The superintendent of public instruction shall withhold state funds for the basic education allocation to a school district)) based on the following procedure:

     (i) For the first month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold twenty-five percent of the state funds for the basic education allocation to a school district.

     (ii) For the second month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold fifty percent of the state funds for the basic education allocation to a school district.

     (iii) For the third month that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold seventy-five percent of the state funds for the basic education allocation to a school district.

     (iv) For the fourth month, and every month thereafter, that a noncompliance exists following the conditions as specified in (f) of this subsection, the superintendent of public instruction shall withhold one hundred percent of the state funds for the basic education allocation to a school district until compliance is assured.

     (((h))) (g) Any school district may appeal to the state board of education the decision of noncompliance by the state board of education ((staff)). Such appeal shall be limited to the interpretation and application of these rules ((and regulations)) by ((such superintendent of public instruction)) the state board of education. Such appeal shall not stay the withholding of any state funds pursuant to this section. The state board of education may not waive any of the basic education entitlement requirements as set forth in this chapter, except as provided in WAC 180-16-225 or 180-18-030.

     (4) The provisions of subsection (3)(f) of this section shall not apply if the noncompliance is related to the district's fiscal condition and results in the implementation of a financial plan under RCW 28A.505.140(3).

[Statutory Authority: RCW 28A.150.250, 28A.150.260 and 28A.15.220 [28A.150.220]. 99-10-091, § 180-16-195, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.58.754(6). 84-11-043 (Order 2-84), § 180-16-195, filed 5/17/84. Statutory Authority: RCW 28A.04.120. 83-13-002 (Order 3-83), § 180-16-195, filed 6/2/83. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), § 180-16-195, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. 78-06-097 (Order 3-78), § 180-16-195, filed 6/5/78.]

     (1) Current and valid certificates. Every school district employee required by WAC 180-79A-140 to possess ((a professional)) an education permit, certificate, or credential issued by the superintendent of public instruction for his/her position of employment, shall have a current and valid permit, certificate or credential. In addition, ((effective August 31, 1987,)) classroom teachers, principals, vice principals, and educational staff associates shall be required to possess endorsements as required by WAC 180-82-105, 180-82-120, and 180-82-125, respectively.

     (2) Annual school building approval.

     (a) Each school in the district shall be approved annually by the school district board of directors under an approval process determined by the district board of directors.

     (b) At a minimum the annual approval shall require each school to have in place, and reviewed annually for implementation progress and possible changes, a school improvement plan or process that is data driven and promotes a positive impact on student learning. For the purpose of this section "positive impact on student learning" shall mean:

     (i) Supporting the goal of basic education under RCW 28A.150.210, ". . . to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives . . .";

     (ii) Promoting continuous improvement of student achievement of the state learning goals and essential academic learning requirements; and

     (iii) Recognizing nonacademic student learning and growth related, but not limited to: Public speaking, leadership, interpersonal relationship skills, teamwork, self-confidence, and resiliency.

     (c) The school improvement plan or process shall be based on a self-review of the school's program for the purpose of annual building approval by the district. The self-review shall include active participation and input by building staff, students, parents, and community members.

     (d) The school improvement plan or process shall address, but is not limited to:

     (i) The characteristics of successful schools as identified by the superintendent of public instruction and the educational service districts, including safe and supportive learning environments;

     (ii) Educational equity factors such as, but not limited to: Gender, race, ethnicity, culture, language, and physical/mental ability, as these factors relate to having a positive impact on student learning. The state board of education strongly encourages that equity be viewed as giving each student what they need and when and how they need it to reach their achievement potential;

     (iii) The use of technology to facilitate instruction and a positive impact on student learning; and

     (iv) Parent and community involvement, as these factors relate to having a positive impact on student learning.

     (3) Nothing in this section shall prohibit a school improvement plan or process from focusing on one or more characteristics of effective schools during the ensuing three school years.

     (4) School involvement with school improvement assistance under the state accountability system or involvement with school improvement assistance through the federal Elementary and Secondary Education Act shall constitute a sufficient school improvement plan or process for the purposes of this section.

[Statutory Authority: RCW 28A.150.250, 28A.150.260 and 28A.15.220 [28A.150.220]. 99-10-091, § 180-16-220, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.58.754(6), 28A.58.085 and 28A.58.090. 90-01-137, § 180-16-220, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.58.090. 86-20-056 (Order 14-86), § 180-16-220, filed 9/29/86. Statutory Authority: RCW 28A.58.754(6). 86-13-015 (Order 5-86), § 180-16-220, filed 6/10/86; 84-11-043 (Order 2-84), § 180-16-220, filed 5/17/84. Statutory Authority: 28A.04.120(4). 81-08-026 (Order 1-81), § 180-16-220, filed 3/26/81. Statutory Authority: RCW 28A.04.120. 80-06-093 (Order 7-80), § 180-16-220, filed 5/29/80. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. 79-10-033 (Order 10-79), § 180-16-220, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. 78-06-097 (Order 3-78), § 180-16-220, filed 6/5/78.]

[]

     The following section of the Washington Administrative Code is repealed:

WAC 180-16-006

Purpose.

OTS-5476.1

AMENDATORY SECTION(Amending WSR 98-05-001, filed 2/4/98, effective 3/7/98)

WAC 180-18-010   Purpose and authority.   (1) The purpose of this chapter is to support local educational improvement efforts by establishing policies and procedures by which schools and school districts may request waivers from basic education program approval requirements.

     (2) The authority for this chapter is RCW 28A.305.140 and ((28A.630.945 which authorizes the state board of education to adopt rules that implement and ensure compliance with the basic program of education requirements and such related requirements as may be established by the state board of education)) 28A.655.180(1).

[Statutory Authority: RCW 28A.305.140 and 28A.630.945. 98-05-001, § 180-18-010, filed 2/4/98, effective 3/7/98. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. 95-20-054, § 180-18-010, filed 10/2/95, effective 11/2/95.]

     The following section of the Washington Administrative Code is repealed:

WAC 180-18-020

Purpose.

OTS-5478.1

REPEALER
     The following chapter of the Washington Administrative Code is repealed:

WAC 180-53-005	Authority.
WAC 180-53-010	Purpose.
WAC 180-53-020	Self-study schedule.
WAC 180-53-025	Self-study criteria.
WAC 180-53-030	Elementary school -- Joint self-study process.
WAC 180-53-035	Initial self-study cycle.
WAC 180-53-040	Self-study cycles.
WAC 180-53-045	Initial self-study cycle plan -- Report to superintendent of public instruction.
WAC 180-53-050	Subsequent self-study cycle plan -- Report to superintendent of public instruction.
WAC 180-53-055	Biennial report -- To superintendent of public instruction.
WAC 180-53-060	Waiver for economic reasons.
WAC 180-53-070	Waiver option, application and renewal procedures.

OTS-5479.3

AMENDATORY SECTION(Amending WSR 91-04-015, filed 1/28/91, effective 2/28/91)

WAC 180-55-005   ((Statutory)) Purposes and authority.   ((Pursuant to provision of RCW 28A.305.130(6), the state board of education hereby establishes standards and procedures for accreditation of all schools as hereinafter set forth.)) (1) Purposes. The provision of school accreditation procedures by the state board of education is designed to serve the following purposes:

     (a) Support the state board's long-term vision of a performance-based education system under WAC 180-51-001 by aligning school accreditation requirements to continuous improvement of student learning, achievement, and growth;

     (b) Promote educational excellence and equity for every student through enhancement of the quality and effectiveness of the school's educational program in safe and supportive learning environments;

     (c) Promote staff growth and commitment to the learning of every student;

     (d) Build stronger links with the community by reaching consensus about educational expectations through community involvement;

     (e) Provide a statement of accountability to the public;

     (f) Assure that school districts, under the district policy on recognizing earned credits under WAC 180-51-050, shall accept credits earned from schools or programs, accredited by the state board of education, the Northwest Association of Schools, Colleges and Universities, or other accrediting body as may be recognized by the state board of education pursuant to WAC 180-55-150; and

     (g) Facilitate the sharing of effective schools practices and positive impacts on student learning through an external appraisal process.

     (2) Authority. The authority for this chapter is RCW 28A.305.130(6).

[Statutory Authority: RCW 28A.305.130(6). 91-04-015, § 180-55-005, filed 1/28/91, effective 2/28/91. Statutory Authority: 1990 c 33. 90-17-009, § 180-55-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(4). 81-08-027 (Order 2-85), § 180-55-005, filed 3/26/81.]

     (2) "Approved private school" shall mean a school approved by the state board of education pursuant to chapter 28A.195 RCW and chapter 180-90 WAC.

     (3) "Accredited" status shall be assigned to public or state board of education approved private schools that:

     (a) Complete and meet fully ((the)) state board of education requirements for accreditation as described in WAC 180-55-020 ((through 180-55-135)), or;

     (b) Participate and qualify in accordance with standards and procedures established by the Northwest Association of Schools ((and)) Colleges and Universities (((NASC)) NASCU) (see WAC 180-55-032).

     (((3) "Standards-review" shall mean an appraisal whereby requirements established by the state board of education are applied to an individual school. The standards-review shall take place during the application process and implementation update.

     (4) "Self-study" shall mean an approved comprehensive set of needs-assessment and program improvement plan procedures as described in WAC 180-55-050.

     (5) "Plan for school improvement" shall mean a formal document produced as a result of the self-study procedure for implementation at an accredited school.)) (4) "School improvement plan or process" shall mean the same as described under WAC 180-16-220(2).

     (5) "Self-review" shall mean the same as described under WAC 180-16-220(2).

     (6) (("Validation")) "Appraisal" shall mean an objective, external ((review)) appraisal of a school's ((accreditation)) self-review activities ((for the purposes of establishing their correctness, accuracy and thoroughness, including an objective, external review of the self-study process, the plan for program improvement, and the accreditation standards as part of the application process and implementation update as described in WAC 180-55-035.

     (7) "Implementation update" shall mean an interim report submitted to the superintendent of public instruction by an accredited school after three years in the standard accreditation status. The implementation update shall include a status report on the implementation of the plan for school improvement and an accreditation standards review.

     (8) "Northwest Association of Schools and Colleges alternative" shall mean the accreditation activities provided through school membership in the NASC and shall be accepted by the state board of education in lieu of state board accreditation procedures.

     (9) "Approved private school" shall mean a school approved by the state board of education pursuant to chapter 180-90 WAC.

     (10) "Vocational-technical institute" shall mean a specialized area nongraded vocational education facility established and operated for the purpose of offering comprehensive courses primarily oriented to the job market area for persons sixteen years of age or older without regard to residence, pursuant to laws and rules and regulations pertaining to the maintenance, operation, and funding of vocational-technical institutes. In applying the provisions of this chapter the terms "school" and "principal" shall mean a vocational-technical institute and director of such institute, respectively)) and school improvement plan or process pursuant to WAC 180-55-020(5).

[Statutory Authority: RCW 28A.305.130(6). 91-04-015, § 180-55-015, filed 1/28/91, effective 2/28/91. Statutory Authority: 1990 c 33. 90-17-009, § 180-55-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(4). 84-11-050 (Order 8-84), § 180-55-015, filed 5/17/84; 81-08-027 (Order 2-85), § 180-55-015, filed 3/26/81.]

     (2) Private schools. Certification by the state board of education of compliance by a private school with the approval requirements of chapter 180-90 WAC shall be prerequisite to a private school's participation in the state board of education's accreditation activities and to a private school's receipt of any accreditation status from the state board of education. Such requirements hereby are included within the standards upon which accreditation is conditioned.)) (1)(a) Certification by the state board of education of compliance by a school district with basic education program approval requirements under WAC 180-16-220, or receipt of a waiver from WAC 180-16-225 or 180-18-030, shall be prerequisite to a public school's application to the state board of education for accreditation under WAC 180-55-015 (3)(b).

     (b) Certification by the state board of education of compliance with private school approval requirements under chapter 28A.190 RCW and chapter 180-90 WAC shall be prerequisite to a private school's application to the state board of education for accreditation under WAC 180-55-015 (3)(b).

     (2) Standard accreditation - six years, shall be granted to a school after a satisfactory external appraisal of the school's self-review activities and improvement plan or process and approval by the state board of education of the appraisal findings and recommendations by the superintendent of public instruction under WAC 180-55-030.

     (3) Conditional accreditation - one year, for a school where the external appraisal identifies omissions, inaccuracies or weaknesses in the building's self-review activities or school improvement plan or process.

     (4) Application. Application for school accreditation shall be made to the state board of education. Such application shall be submitted jointly by the appropriate officials of the school and school district, or school and governing board in the case of private schools, in accordance with procedures and timelines established by the state board of education.

     (5)(a) External appraisal. The state superintendent of public instruction shall direct an external appraisal program for school accreditation purposes. The state superintendent may place yearly limits on the number of schools that may participate in the external appraisal program. The external appraisal shall be conducted by persons external to the school and district.

     (b) The external appraisal shall focus on the provisions of WAC 180-16-220 (2)(c) and (d), and 180-55-005(1). The appraisal shall give weight to the district's school approval process and focus on, but not be restricted to, an appraisal of the progress and impact of the school improvement plan or process.

[Statutory Authority: RCW 28A.305.130(6). 91-01-068, § 180-55-020, filed 12/14/90, effective 1/14/91. Statutory Authority: RCW 28A.04.120(4). 84-11-050 (Order 8-84), § 180-55-020, filed 5/17/84; 81-08-027 (Order 2-85), § 180-55-020, filed 3/26/81.]

     (a) Staffing and resources directly or indirectly available to the state board for administration of the accreditation program are insufficient to timely process applications for accreditation under regular procedures;

     (b)(i) The school has current accredited status through the state board accreditation process; or

     (ii) The school has current accredited status through the Northwest Association of Schools, Colleges and Universities (NASCU) accreditation process and desires to switch to the state board process upon termination of the validity period of its NASCU accreditation; or

     (iii) The school began the process for first-time accreditation or renewal accreditation, using the state board of education accreditation option, before January 1, 2001.

     (2) In order to be considered for a temporary extension of accredited status, a school must submit to the state board a written request for an extension, signed by the building principal.

     (3) This section shall expire June 30, 2003, unless program staffing and funding support issues are not resolved.

[]

     (2) The committee shall submit its study findings and recommendations to the state board not later than the board's fall 2002 meeting.

     (3) This section shall expire not later than January 31, 2003.

[]

     The following sections of the Washington Administrative Code are repealed:

WAC 180-55-010	Intent and purposes.
WAC 180-55-025	Types of accreditation -- Conditions -- Effective periods.
WAC 180-55-030	Administration of accreditation procedures.
WAC 180-55-035	Validation of accreditation activities.
WAC 180-55-050	Self-study -- Common guidelines.
WAC 180-55-070	Standards -- General conditions.
WAC 180-55-075	Standards -- Elementary and secondary -- Professional preparation of staff.
WAC 180-55-080	Standards -- Elementary and secondary -- Guidance services.
WAC 180-55-085	Standards -- Elementary and secondary -- School health services.
WAC 180-55-090	Standards -- Elementary and secondary -- Textbook and supplementary reference materials.
WAC 180-55-095	Standards -- Elementary and secondary -- Equipment and materials.
WAC 180-55-100	Standards -- Elementary and secondary -- Facilities.
WAC 180-55-105	Standards -- Elementary -- Program offerings.
WAC 180-55-110	Standards -- Elementary -- Number and time assignment of personnel.
WAC 180-55-115	Standards -- Elementary -- Instructional and learning resources.
WAC 180-55-120	Standards -- Secondary -- Unit of credit.
WAC 180-55-125	Standards -- Secondary -- Minimum program offerings.
WAC 180-55-130	Standards -- Secondary -- Number and time assignment of personnel.
WAC 180-55-135	Standards -- Secondary -- Instructional and learning resources.

© Washington State Code Reviser's Office