WSR 03-09-144

PERMANENT RULES

ACADEMIC ACHIEVEMENT AND

ACCOUNTABILITY COMMISSION

[ Filed April 23, 2003, 10:47 a.m. ]

Date of Adoption: April 7, 2003.

Purpose: As provided by RCW 28A.655.030 (1)(a), the Academic Achievement and Accountability Commission is authorized to adopt and revise performance improvement goals. The purpose of this rule making is to provide school districts and schools with minimum performance improvement goals thereby encouraging improved student learning as measured by increasing percentages of students meeting the reading and mathematics standards on the Washington assessment of student learning and to align these goals with goals required under the federal No Child Left Behind Act. In addition, school districts and high schools are required to set high school graduation rate improvement goals.

Citation of Existing Rules Affected by this Order: Repealing WAC 3-20-100.

Statutory Authority for Adoption: RCW 28A.655.030 (1)(a).

Adopted under notice filed as WSR 03-05-101 on February 19, 2003.

Changes Other than Editing from Proposed to Adopted Version: (1) School and school district annual reading and math goals through 2013 will be determined using federal requirements rather than based on a 10% reduction in the percentage of students at the school or district not meeting standard compared to the preceding year.

(2) Reading and math goals for 2003 are added; they were not included in proposed rule.

(3) If elementary and middle schools and school districts with 4th and 7th grade students tested on the Washington Assessment of Student Learning meet the goal for unexcused absences as defined in the Washington State Accountability Plan, they may use a substitute calculation representing satisfactory progress rather than the performance improvement goal. If high schools and school districts with 10th grade students tested on the Washington Assessment of Student Learning meet the graduation rate goals provided in WAC 3-20-300, they may use a substitute calculation representing satisfactory progress rather than the performance improvement goal. These provisions were not in the proposed rule. The substitute calculation is based on an expected 10% reduction in the percentage of students at the school or district not meeting standard compared to the preceding year.

(4) The final rule removes the exemption for schools and districts with fewer than ten students in a grade who are eligible to be tested in reading and math; schools and districts with fewer than ten students must adopt the goals, but are not required to publish the goals.

(5) The high school graduation goals under the final rule are to be not less than the lesser of the statewide average graduation rate in 2002 (rather than the statewide average graduation rate in 2003, as had been provided in the proposed rule) or the high school's or school district's own graduation rate in 2003 plus one percentage point.

(6) High schools and school districts in which there are fewer than ten students in a graduating class, including students who have dropped out, had been exempt from the requirement to establish graduation goals under the proposed rule, but are not exempt under the final rule. Schools and districts with fewer than ten students in the graduating class, including students who have dropped out, are not required to publish goals and are not required to publish performance relative to the goals.

(7) The commission will review these goals in 2004 after more data on the graduation rates for the class of 2003 are available. Such provision was not included in the proposed rule.

The reason for adopting the changes is that they were recommended by the Office of Superintendent of Public Instruction (OSPI). In an electronic message to the executive director of the Academic Achievement and Accountability Commission dated April 21, 2003, the OSPI deputy superintendent for teaching and learning provided the following additional information regarding the principal reasons OSPI requested the changes:

WAC 3-20-200, goals for reading and mathematics.

(1)(a) Original document used the term "ESTABLISH" district-wide performance improvement goals...

Final document used the term "ADOPT" district-wide performance improvement goals...

Rationale: The federal legislation, "No Child Left Behind" requires one accountability system. The law specifies the setting of state performance targets with required formulas to determine these goals. Once calculated and established, they must apply to all schools, districts, the state, and each of the required subgroups specified in the law. Therefore, it is not necessary for schools or districts to "establish" their own goals, they simply need to "adopt" the required measures.

(1)(a), (b), and (2) the addition of "using the federal requirements to determine"... was added.

Rationale: Federal requirements must be followed in making the determinations of improvement goals. The addition of this language allows for any changes or flexibility developed in federal regulations to be accessed as the NCLB law is implemented in Washington state.

(2) Original document stated that schools and districts were not required to "establish" numerical improvement goals in which there were fewer than ten students eligible to be assessed.

Final document used the term "publish" referencing numerical improvement goals.

Rationale: Similar to the rationale for using "adopt" vs. "establish" in subsection (1)(a), the formula for establishing the goals are identified in NCLB. These state goals apply to all schools, districts, the state, and all subgroup information. When the "n" size for any of these groups of students is less than ten, this change maintains the intent to protect the privacy of students and maintenance of confidentiality of statewide data files. This information will not be reported or published. However, the target goals are still "established" and apply to all. Therefore, "publish" is a more accurate term in this section.

(4)(a) Original document language eliminated.

Final document restated the original intent.

Rationale: The language in this section was determined to be confusing so (a) was eliminated and replaced with identifying the requirement of schools and districts to use the starting point and annual goals established by NCLB. This change does not alter the original requirement; the clarity of the adopted language was simplified.

(3)(b) Original document did not include "other indicator" that was required in NCLB.

Final document added language to include the other indicators for elementary and high schools.

Rationale: The other indicators are required in NCLB.

WAC 3-20-300 High school graduation.

Throughout the new section, reference to "on time" graduation was removed and "9th grade" was added to the references for cohort graduation rates.

Rationale: NCLB requires a cohort graduation rate for every high school. The required formula for reporting cohort measure calculations are specified in the law. Since the regulations allow states to develop "extended graduation rates" we will report a 9th grade cohort measure, and add ALL successful graduates (who earn a HS diploma) to each high school's graduation rate. Though this does not eliminate the cohort measure requirement, "on time" graduates will only be one calculation. This allows the intended validation of all successful graduates regardless of the number of years required to develop the skills necessary to earn a meaningful diploma.

The information quoted above was provided by Mary Alice Heuschel, Washington State Deputy Superintendent, Office of Superintendent of Public Instruction, (360) 725-6115, mheuschel@ospi.wednet.edu.

Number of Sections Adopted in Order to Comply with Federal Statute: New 2, Amended 0, Repealed 1; 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 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; 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.

April 23, 2003

Christopher M. Thompson

Executive Director

Academic Achievement and Accountability Commission


Performance Improvement Goals

Adopted April 7, 2003
NEW SECTION
WAC 3-20-200   Reading and mathematics.   (1) Each school district board of directors shall by December 15, 2003:

(a) Adopt district-wide performance improvement goals using the federal requirements to determine the increase in the percentage of students who meet or exceed the standard on the Washington assessment of student learning for reading and mathematics in grades four, seven, and ten; and

(b) Direct each school in the district that administers the Washington assessment of student learning for grade four, seven, or ten to adopt performance improvement goals using the federal requirements to determine the increase in the percentage of students meeting the standard for its fourth, seventh, or tenth grade students in reading and mathematics.

(2) School districts and schools shall establish separate district-wide and school reading and mathematics improvement goals using the federal requirements to determine the increase in requirements under subsection (1) of this section for each of the following groups of students:

(a) All students;

(b) Students of each major racial and ethnic group;

(c) Economically disadvantaged students;

(d) Students with disabilities; and

(e) Students with limited English proficiency.

(3) School districts and schools are not required to publish numerical improvement goals in a grade level for reading and mathematics for 2004 or in any year thereafter for any student group identified in subsection (2) of this section in which there were fewer than ten students eligible to be assessed on the Washington assessment of student learning in the prior year. However, this subsection shall not be construed to affect WAC 180-16-220 #(2)(b) or any other requirements for school and school district improvement plans.

(4) Annual performance improvement goals for both school districts and schools shall be determined:

(a) By using the starting point and annual goals established using the federal requirements for determining starting points in the 2003 Washington State No Child Left Behind (NCLB) Accountability Plan.

(b) If the performance improvement goals established by using the federal requirements to determine the increase for assessments administered in the spring of 2003 and each year thereafter through and including assessments administered in the spring of 2013 are not met, but the other indicator is met [the other indicator for high schools is the graduation goal (WAC 3-20-300) and the other indicator for elementary and middle schools is the unexcused absences goal (Washington State Accountability System under NCLB 2001)] then a substitute calculation may be made. That substitute calculation representing satisfactory progress shall not be less than the sum of:

(i) The percentage of students meeting standard on the assessments administered in the spring of the preceding year for the relevant student group, grade level and subject; and

(ii) The percentage of students who did not meet standard on the assessments administered in the spring of the preceding year for the relevant student group, grade level and subject, multiplied by ten percent.

(c) The performance improvement goals for assessments administered in the spring of 2014 shall be that all students eligible to be assessed meet standard on the Washington assessment of student learning.

(5) School districts and schools shall be deemed to have met the performance improvement goals established pursuant to this chapter if the school district or school achieves the minimum improvement goal required under subsection (4) of this section, even if the school district or school does not achieve the performance improvement goals established by using the federal requirements to determine the increase.

(6) No performance improvement goal for a group in a subject and grade established pursuant to this section shall be used for state or federal accountability purposes if fewer than thirty students in the group for a subject and grade are eligible to be assessed on the Washington assessment of student learning.

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Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 3-20-300   High school graduation.   (1) Each school district board of directors shall by December 15, 2003:

(a) Establish district-wide goals to increase the percentage of students who graduate in each 9th grade cohort group from high school with a regular diploma beginning with the graduating class of 2004 cohort; and

(b) Direct each high school in the district to establish goals to increase the percentage of students who graduate in each cohort group from high school with the 9th grade cohort with a regular diploma beginning with the graduating class of 2004 cohort, subject to approval by the board.

(2) High school cohort graduation rate goals for both school districts and schools shall be determined as follows:

(a) The school district and high school cohort graduation rate goals for the class of 2004 cohort shall not be less than the lesser of:

(i) The statewide percentage of public school students in the class of 2002 cohort who graduate with the 9th grade cohort with a regular diploma; or

(ii) The percentage of students in each cohort who graduated with the 9th grade cohort with a regular diploma from the relevant school district or high school in 2003 plus one percentage point.

(b) The school district and high school cohort graduation rate goals for the class of 2005 cohort through and including the graduation rate goals for the class of 2013 cohort shall not be less than the lesser of:

(i) The statewide percentage of public school students in the class of 2002 cohort who graduate with the 9th grade cohort with a regular diploma; or

(ii) The prior year target level percentage of students graduating from the relevant school district or high school with the 9th grade cohort with a regular diploma plus one percentage point.

(c) The school district and high school cohort graduation rate goals for the class of 2014 cohort shall be that the percentage of students who graduate in that cohort group with the 9th grade cohort with a regular diploma meet or exceed eighty-five percent for each group of students listed in WAC 3-20-200(2).

(3) School districts and high schools in which fewer than ten students are enrolled with the graduating class of 2003 cohort or would be enrolled with the class of 2003 cohort but have dropped out of high school are not required to publish numerical graduation rate improvement goals. In 2004 or any subsequent year school districts and high schools in which the number of students enrolled with their graduating class cohort combined with the number of students who would be enrolled with their graduating class cohort but have dropped out of high school is fewer than ten are not required to publish performance relative to the cohort graduation rate goals.

(4) Performance improvement goals established pursuant to this section shall not be used for state or federal accountability purposes in any school district or high school in which the number of students who are enrolled in a graduating class, including any who have dropped out of that graduating class, is less than thirty.

(5) The Commission will review these goals in 2004 after more data are available on cohort graduation rates for the class of 2003.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 3-20-100 Reading and mathematics.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office