Effective Date of Rule: Immediately.
Purpose: The purpose of the rules is to provide an appropriate graduation alternative for a portion of the special education population that is defined as functioning at the awareness level. This new set of rules meets the intent of RCW 28A.155.045 authorizing the superintendent of public instruction to establish guidelines that waive certain graduation requirements associated with RCW 28A.655.061.
Statutory Authority for Adoption: RCW 28A.665.061 [28A.655.061], 28A.155.045.
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 as the specific circumstances of these students are not appropriately addressed with current statute. Emergency rule adoption ensures that these students can access the alternative stipulated in the new rule set as a means to achieving requisite graduation requirements more in keeping with their particular 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: March 23, 2009.
Randy I. Dorn
WAC 392-501-700 General description. RCW 28A.155.045 authorizes the superintendent of public instruction to develop guidelines for waiving specific requirements in RCW 28A.655.061 pertaining to the graduation requirements and the state assessment system, and to determine appropriate assessment alternatives through which to assess identified students.
(a) Having limited intentionality and being unable to communicate using presymbolic strategies.
(b) Reactions to environmental stimuli are limited to crying, opening eyes, movement, etc.
(c) Behavior not under the student's control but reflects a general physical state (e.g., hungry, wet, sleepy).
(d) Being conscious (awake) during limited times each day.
(e) Requiring parents, teachers, or other adults to interpret the child's state from behaviors such as sounds, body movements, and facial expressions.
(f) Other criteria as defined by the superintendent of public instruction's guidelines posted to the agency web site.
(2) For a student requesting a waiver under this section, the student must have the following documented in his or her records:
(a) The student is in high school and is designated as being in the 11th or 12th grade.
(b) The individualized education program (IEP) team as identified under WAC 392-172A-03095, through an evaluation of the student's behaviors and educational history, determines that the student is functioning at the awareness level (as defined in subsection (1) of this section).
(3) Filing a waiver request requires the use of a specific form developed by the superintendent of public instruction. Completing the waiver request requires:
(a) The special education teacher responsible for the IEP of the student to complete and sign the awareness waiver application and document the student's nonparticipation in the state assessment system in the student's IEP.
(b) The waiver application is submitted to the district's special education director for review, verification, and signature.
(c) Upon verification, the district special education director files the waiver application form with the district assessment coordinator.
(d) The district assessment coordinator reviews, signs, and transmits the waiver application to the superintendent of public instruction per instruction listed on the form.
(e) Staff from the office of superintendent of public instruction shall record a status of "waived" in the state data base, then transmit a confirmation e-mail to the student's high school principal and the district assessment coordinator.
(f) The school shall complete all necessary school and district documentation, including but not limited to, IEP documentation.