Effective Date of Rule: Thirty-one days after filing.

     Purpose: The purpose of the proposed rule changes is to be in compliance with RCW and to effectively educate English language learners (ELLs).

     Citation of Existing Rules Affected by this Order: Amending WAC 392-160-020.

     Statutory Authority for Adoption: RCW 28A.180.010.

      Adopted under notice filed as WSR 08-22-002 on October 23, 2008.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

     Date Adopted: January 23, 2009.

Randy I. Dorn

Superintendent of

Public Instruction

OTS-2004.1

AMENDATORY SECTION(Amending Order 12, filed 8/12/91, effective 9/12/91)

WAC 392-160-020   Approved test((s)) for determining initial eligibility -- English proficiency scores.   (((1))) Approved English proficiency test((s: The following tests are approved for the purpose of annually determining the English proficiency of newly enrolled students (other than those who speak little or no English) whose primary language is other than English:

     (a) Language assessment scales (LAS and Pre-LAS);

     (b) Basic inventory of natural language (BINL);

     (c) Bilingual syntax measure (BSM); and

     (d) Secondary level English proficiency test (SLEP). (To be used only at 8-12 level).

     (2) Scores which establish an English skills deficiency: In the event a student scores within the appropriate range provided by the test maker to establish such English skill deficiency, the student's English skills shall be deemed sufficiently deficient or absent to impair learning

     (3) The superintendent of public instruction may approve a school district request for use of a test other than those approved for use in this section when such request is supported by evidence that:

     (a) The approved tests for use identified in this section are either unsuitable, inappropriate, or impractical for use by the school district;

     (b) The scores that establish English skills deficiency for the requested test correspond with the scores that establish English skills deficiency for approved tests identified in this section; and

     (c) The skills being measured by the requested test correspond to the skills measured by the approved tests identified in this section)): Washington language proficiency placement test (WLPT).

[Statutory Authority: Chapter 28A.180 RCW. 91-17-008 (Order 12), § 392-160-020, filed 8/12/91, effective 9/12/91. Statutory Authority: RCW 28A.58.808. 84-20-083 (Order 84-41), § 392-160-020, filed 10/2/84. Statutory Authority: RCW 28A.58.800 through 28A.58.810. 84-13-027 (Order 84-17), § 392-160-020, filed 6/13/84. Statutory Authority: RCW 28A.58.808. 80-07-039 (Order 80-21), § 392-160-020, filed 6/17/80.]

© Washington State Code Reviser's Office