WSR 04-15-043

PROPOSED RULES

STATE BOARD OF EDUCATION


[ Filed July 12, 2004, 4:42 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 04-09-063 and 04-09-062.

     Title of Rule and Other Identifying Information: Chapter 180-72 WAC, Adult education and chapter 180-51 WAC, High school graduation requirements.

     Hearing Location(s): Hockinson High School 16819 N.E. 159th Street, Brush Prairie, WA 98606, on August 26, 2004, at 8:30 a.m.

     Date of Intended Adoption: August 27, 2004.

     Submit Written Comments to: Larry Davis, Executive Director, State Board of Education, P.O. Box 47206, Olympia, WA 98504-7206, e-mail ldavis@ospi.wednet.edu, fax (360) 586-2357, by August 11, 2004.

     Assistance for Persons with Disabilities: Contact Laura Moore, Executive Assistant, by August 11, 2004, TTY (360) 664-3631 or (360) 725-6025.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendments, repealers, and new sections to these policies will clarify the policies that relate to adult basic education and adult high school completion programs.

     Reasons Supporting Proposal: The changes proposed will bring the language in alignment with that of the State Board for Community and Technical Colleges referencing the same subject.

     Statutory Authority for Adoption: RCW 28A.230.090.

     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 proposed amendments, repealers, and new sections to these policies will clarify the policies that relate to adult basic education and adult high school completion programs.

     Name of Proponent: Washington State Board of Education, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Larry Davis, State Board of Education, Olympia, (360) 725-6025.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.

July 12, 2004

Larry Davis

Executive Director

OTS-7276.1


AMENDATORY SECTION(Amending WSR 93-22-007, filed 10/21/93, effective 11/21/93)

WAC 180-72-040   Purpose(( -- Cooperation policy)) and authority.   (1) The major purposes of adult education in the state of Washington ((is)), as addressed in this chapter and in the applicable rules of the state board for community and technical colleges, are to raise the educational level of adults in the state who have not obtained an education consistent with their ability to learn and to provide adults disadvantaged through lack of a high school diploma with the opportunity to complete their high school education and to obtain proper recognition for it.

     ((The several statutes relating to adult education have vested authority and responsibility for conduct of adult education programs in the community and technical colleges for administration and promulgation of rules and regulations in the state board for community and technical college education.)) (2) The authority for this chapter is RCW 28A.230.090, which authorizes and requires the state board of education to establish state minimum high school graduation requirements.

[Statutory Authority: RCW 28B.50.915. 93-22-007, § 180-72-040, filed 10/21/93, effective 11/21/93; Order 5-70, § 180-72-040, filed 4/28/70.]


AMENDATORY SECTION(Amending WSR 93-22-007, filed 10/21/93, effective 11/21/93)

WAC 180-72-050   Adult education defined.   For the purpose of this chapter "adult education" shall be defined as set forth in RCW 28B.50.030(((11)))(12) which provides as follows: "Adult education" shall mean all education or instruction, including academic, vocational education or training, basic skills and literacy training, and "occupational education" (WAC 180-51-061(2)) provided by public educational institutions ((and community-based organizations)), including common school districts for persons who are eighteen years of age and over or who hold a high school diploma or certificate: ((Provided, That)) However, "adult education" shall not include ((basic skills instruction, English as a second language,)) academic education or instruction for persons under twenty-one years of age who do not hold a high school degree or diploma and who are attending a public high school for the sole purpose of obtaining a high school diploma or certificate: ((Provided further, That)) Nor shall "adult education" ((shall not)) include education or instruction provided by any four year public institution of higher education.

[Statutory Authority: RCW 28B.50.915. 93-22-007, § 180-72-050, filed 10/21/93, effective 11/21/93; Order 5-70, § 180-72-050, filed 4/28/70.]


AMENDATORY SECTION(Amending WSR 93-22-007, filed 10/21/93, effective 11/21/93)

WAC 180-72-060   Adult high school completion education -- Community/technical college and common school district participation.   (((1) Program authorization.)) A community or technical college district and a common school district under provisions of RCW 28B.50.530 may enter into an agreement for the conduct of an adult education program by the common school district on behalf of the community or technical college district when such program will not conflict with an existing program of the same nature and in the same geographical area conducted by the community or technical college district: ((Provided, That)) Such program shall be established, administered and operated in accordance with rules, procedures and guidelines prescribed by the ((executive director of)) state board for community and technical colleges and WAC 180-51-050 (3) and (4).

     (((2) Cooperative study of needs. Community and technical colleges, community-based organizations, and common school districts are encouraged to study cooperatively the needs in their own communities for educational services designed for adults to complete their high school training and, consistent with statutory provisions and requirements prescribed in this chapter, to provide appropriate programs to meet such needs.))

[Statutory Authority: RCW 28B.50.915. 93-22-007, § 180-72-060, filed 10/21/93, effective 11/21/93; Order 5-70, § 180-72-060, filed 4/28/70.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 180-72-045 Authority -- Regulatory provisions recognize intent of specific acts.
WAC 180-72-055 Adult high school completion education -- Policy.
WAC 180-72-065 Community college high school diploma programs.

OTS-7275.1


AMENDATORY SECTION(Amending WSR 00-19-108, filed 9/20/00, effective 10/21/00)

WAC 180-51-035   Applicable standards for graduation for students under age twenty-one -- Applicable standards for graduation for students age twenty-one or older -- Amendments to this chapter.   (1) A student under age twenty-one shall have the right to graduate in accordance with the standards in effect for the school of graduation for any year since such student commenced the ninth grade or the equivalent of a four-year high school program ((unless more than ten years has passed since such entry. In such case, the student shall have the right to graduate in accordance with the standards in effect for the school of graduation for any year within the last ten years)) and until the student turns age twenty-one.

     (2)(a) A student age twenty-one or older who earns a high school diploma through the adult high school completion option under WAC 180-51-053 shall be required to meet the state minimum graduation credit requirements under WAC 180-51-060 or 180-51-061, depending on when the student began their high school program. Such students shall not be required to meet the following state minimum graduation requirements under WAC 180-51-061: Certificate of academic achievement;

     (b) The state board of education reserves the prerogative to determine if and when the waived requirements under (a) of this subsection shall be required to earn an adult high school completion diploma.

     (3) All subsequent amendments to this chapter and all subsequent local standards shall apply prospectively to the students who enter the ninth grade or begin the equivalent of a four-year high school program subsequent to the amendments.

[Statutory Authority: RCW 28A.230.090. 00-19-108, § 180-51-035, filed 9/20/00, effective 10/21/00. Statutory Authority: Chapter 28A.05 RCW. 84-11-049 (Order 7-84), § 180-51-035, filed 5/17/84.]


AMENDATORY SECTION(Amending WSR 04-04-093, filed 2/3/04, effective 3/5/04)

WAC 180-51-050   High school credit -- Definition.   As used in this chapter the term "high school credit" shall mean:

     (1) Grades nine through twelve or the equivalent of a four-year high school program, and grades seven and eight under the provisions of RCW 28A.230.090 (4) and (5):

     (a) One hundred fifty hours of planned instructional activities approved by the district; or

     (b) Satisfactory demonstration by a student of clearly identified competencies established pursuant to a process defined in written district policy. Districts are strongly advised to confirm with the higher education coordinating board that the award of competency-based high school credit meets the minimum college core admissions standards set by the higher education coordinating board for admission into a public, baccalaureate institution.

     (2) College and university course work. At the college or university level, five quarter or three semester hours shall equal 1.0 high school credit: Provided, That for the purpose of this subsection, "college and university course work" means course work that generally is designated 100 level or above by the college or university.

     (3) Community college high school completion program - Diploma awarded by community college. Five quarter or three semester hours of community college high school completion course work shall equal 1.0 high school credit: Provided, That for purposes of awarding equivalency credit under this subsection, college and university high school completion course work includes course work that is designated below the 100 level by the college and the course work is developmental education at grade levels nine through twelve or the equivalent of a four-year high school program. (See also WAC 180-51-053)

     (4) Community college high school completion program - Diploma awarded by school district. A minimum of .5 and a maximum of 1.0 high school credit may be awarded for every five quarter or three semester hours of community college high school completion course work: Provided, That for purposes of awarding equivalency credit under this subsection, college and university high school completion course work includes course work that is designated below the 100 level by the college and the course work is developmental education at grade levels nine through twelve or the equivalent of a four-year high school program. (See also WAC 180-51-053)

     (5) Each high school district board of directors shall adopt a written policy for determining the awarding of equivalency credit authorized under subsection (4) of this section. The policy shall apply uniformly to all high schools in the district.

     (6) Each high school district board of directors shall adopt a written policy regarding the recognition and acceptance of earned credits. The policy shall apply to all high schools in the district. The policy may include reliance on the professional judgment of the building principal or designee in determining whether or not a credit meets the district's standards for recognition and acceptance of a credit. The policy shall include an appeal procedure to the district if it includes reliance on the professional judgment of the building principal or designee.

     (7) A student must first obtain a written release from their school district to enroll in a high school completion program under subsection (3) of this section if the student has not reached age eighteen or whose class has not graduated.

     (8) The state board of education shall notify the state board for community and technical colleges and the higher education coordinating board of any school or school district that awards high school credit as authorized under subsection (1)(b) of this section.

[Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). 04-04-093, § 180-51-050, filed 2/3/04, effective 3/5/04. Statutory Authority: RCW 28A.230.090. 00-23-032, § 180-51-050, filed 11/8/00, effective 12/9/00; 99-10-093, § 180-51-050, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.230.090 and 28A.305.130. 97-08-020, § 180-51-050, filed 3/25/97, effective 4/25/97; 96-09-027, § 180-51-050, filed 4/9/96, effective 5/10/96. Statutory Authority: RCW 28A.230.090, 28A.305.130 and 1994 c 222. 95-16-063, § 180-51-050, filed 7/27/95, effective 8/27/95. Statutory Authority: RCW 28A.230.090(1) and 28A.305.130 (8) and (9). 94-13-017, § 180-51-050, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.230.090. 94-03-100 (Order 1-94), § 180-51-050, filed 1/19/94, effective 9/1/94. Statutory Authority: RCW 28A.05.060. 85-12-041 (Order 12-85), § 180-51-050, filed 6/5/85. Statutory Authority: Chapter 28A.05 RCW. 84-11-049 (Order 7-84), § 180-51-050, filed 5/17/84.]


NEW SECTION
WAC 180-51-053   Community college high school diploma programs.   (1)(a) Minimum requirements for high school diploma. The minimum requirements and procedures for the issuance of a high school diploma by or through a community or technical college district shall be as prescribed by the state board of education in this section and chapters 180-51 and 180-56 WAC.

     (b) Any high school graduation diploma issued by or through a community or technical college district shall certify that the diploma is issued in compliance with high school graduation requirements established by the state board of education and procedures established by the superintendent of public instruction.

     (2) Provisions governing program for persons eighteen years of age and over.

     (a) The appropriate school district, community college, or technical college education official shall evaluate the previous educational records of the student and may provide evaluative testing to determine the student's educational level. The official shall recommend an appropriate course or courses of study and upon the successful completion of such study the student will be eligible for the high school diploma.

     (b) Satisfaction of minimum course requirements may be met by one or more of the following methods with the applicable institution granting credit verifying completion of course requirements.

     (i) Actual completion of courses regularly conducted in high school;

     (ii) Technical college;

     (iii) Community college;

     (iv) Approved correspondence or extension courses;

     (v) supervised independent study; or

     (vi) Testing in specific subject areas.

     (c) The appropriate education official shall exercise reasonable judgment in appraising the educational experience of the student either in or out of a formal school program to determine the degree to which the student has satisfied the minimum credit requirements for completion of the high school program. Consideration may be given to work experience, vocational training, civic responsibilities discharged by the adult and other evidences of educational attainment.

     (d) A high school diploma shall be granted to each individual who satisfactorily meets the requirements for high school completion. The diploma shall be issued by the appropriate school district, community college, or technical college: Records of diplomas issued under the provisions of this subsection shall be maintained by the issuing agency.

     (3) Provisions governing program for persons under eighteen years of age.

     (a) The high school principal shall evaluate the previous educational record of the individual and prior to his or her enrollment in courses and in cooperation with the appropriate education official of a community college or technical college shall approve the program of studies leading to the high school diploma.

     (b) The student must be assigned a program supervisor.

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