WSR 09-08-026

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed March 24, 2009, 9:04 a.m. , effective March 24, 2009, 9:04 a.m. ]


Effective Date of Rule: Immediately.

Purpose: The purpose of the rules is to comply with the legislative directive to implement an alternative assessment method that shall be an evaluation of a collection of work samples prepared and submitted by an applicant, as provided for in RCW 28A.655.065, to demonstrate achievement of the state content areas in which the student has not yet met [the] standard on the high school Washington assessment of student learning (WASL).

Citation of Existing Rules Affected by this Order: Amending WAC 392-501-510.

Statutory Authority for Adoption: RCW 28A.655.061, 28A.665.065 [28A.655.065].

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Certain students of the 2009 graduating class may be negatively impacted by existing rules within the affected WAC. Emergency rule adoption ensures that these students can access alternatives to the state graduation requirements that are more relevant to their specific situation.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: March 23, 2009.

Randy I. Dorn

Superintendent of

Public Instruction

OTS-2249.1


AMENDATORY SECTION(Amending WSR 07-13-035, filed 6/13/07, effective 7/22/07)

WAC 392-501-510   Access to alternative assessment.   (1) Students who transfer into a public school from out-of-state or from out-of-country in the eleventh or twelfth grade year may utilize an objective alternative assessment for purposes of meeting the high school standards as provided in RCW 28A.655.061 and 28A.655.065 without taking the ((Washington)) state high school assessment ((of student learning)).

(2) Students who transfer for their 11th or 12th grade year into a public school from within the state from a nonpublic school setting may utilize an objective alternative assessment for meeting the high school standards as provided in RCW 28A.655.061 and 28A.655.065 without taking the state high school assessment.

(3) Students who were exempted from the high school assessment in 10th grade due to their status as a new student with non-English proficiency, may utilize an objective alternative assessment after their 10th grade year, in the content areas originally exempted, for purposes of meeting the high school standards as provided in RCW 28A.655.061 and 28A.655.065 without taking the state high school assessment.

[Statutory Authority: RCW 28A.655.061 and 28A.655.065. 07-13-035, 392-501-510, filed 6/13/07, effective 7/22/07.]

Washington State Code Reviser's Office