Preproposal statement of inquiry was filed as WSR 09-08-040.
Title of Rule and Other Identifying Information: Special, unavoidable circumstance appeals, WAC 392-501-600 through 392-501-602.
Hearing Location(s): Superintendent of Public Instruction, Brouillet Conference Room, 600 Washington Street, Olympia, WA 98504-7200, (360) 725-6130, on July 16, 2009, at 9:15 a.m.
Date of Intended Adoption: July 17, 2009.
Submit Written Comments to: Michael Middleton, P.O. Box 47200, Olympia, WA 98504-7200, e-mail firstname.lastname@example.org, fax (360) 725-6333, by July 15, 2009.
Assistance for Persons with Disabilities: Contact Penny Coker by July 15, 2009, TTY (360) 664-3631 or (360) 725-6142.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Existing WAC language does not address matters where panel members might be subject to bias (i.e., student case being reviewed is from the panel member's school or district). Further, the proposal adds a district level review of the application to check for completeness and accuracy, and details other matters related to the application submission process.
Reasons Supporting Proposal: Adapt process revisions that clarify processes and purpose.
Statutory Authority for Adoption: RCW 28A.655.061, 28A.655.065, and 28A.155.045.
Statute Being Implemented: WAC 392-501-600 through 392-501-602.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of superintendent of public instruction, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Middleton, OSPI, (360) 725-6434.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Does not have a business-related economic impact.
A cost-benefit analysis is not required under RCW 34.05.328. Was not interpreted to need a cost-benefit analysis under governing law.
May 29, 2009
Randy I. Dorn
AMENDATORY SECTION(Amending WSR 07-13-035, filed 6/13/07, effective 7/22/07)
WAC 392-501-600 General description. RCW 28A.655.065 directs the superintendent of public instruction to develop guidelines and appeal processes for waiving specific requirements in RCW 28A.655.061 pertaining to the certificate of academic achievement and RCW 28A.155.045 pertaining to the certificate of individual achievement for students who have special, unavoidable circumstances.
[Statutory Authority: RCW 28A.655.061 and 28A.655.065. 07-13-035, § 392-501-600, filed 6/13/07, effective 7/22/07.]
(2) Special, unavoidable circumstances shall include the following:
(a) Not being able to take or complete an assessment because of:
(i) The death of a parent, guardian, sibling or grandparent;
(ii) An unexpected and severe medical condition. The condition must be documented by a medical professional and included with the application; or
(iii) Another unavoidable event of a similarly compelling magnitude that reasonably prevented the student from sitting for or completing the assessment.
(b) A major irregularity in the administration of the assessment;
(c) Loss of the assessment material;
(d) Failure to receive an accommodation during
administration of the assessment that was documented in the
student's individualized education program that is required in
the federal Individuals with Disabilities Education Act, as
amended, or in a plan required ((
in)) under Section 504 of the
Rehabilitation Act of 1973;
(e) For students enrolled in the state transitional bilingual instructional program, failure to receive an accommodation during the administration of the assessment that was scheduled to be provided by the school district; or
(f) Students who transfer from an out-of-state or out-of-country school to a Washington public school in the twelfth grade year after March 1.
(3) To file an appeal, the student or the student's parent or guardian, with appropriate assistance from school staff, must complete and submit to the principal of the student's school an appeal application on a form developed by the superintendent of public instruction.
(4) The application shall require that the following be submitted: All available score reports from prior standardized assessments taken by the student during his or her high school years, the medical condition report (if applicable), and the student's transcript. The principal of the school shall review the application and accompanying material and certify that, to the best of his or her knowledge, the information in the application is accurate and complete.
(4))) (5) Once the principal certifies that the
application and accompanying material is accurate and
complete, the principal shall transmit the application to the
school district's assessment coordinator who will conduct an
independent review for completeness prior to transmitting the
application to the state superintendent of public instruction.
(5))) (6) Applications must be received by the
superintendent of public instruction on or before May 1 or
(( August)) October 1. (( The May 1 deadline is intended
primarily for students who were not able to participate in the
spring assessment, while the August deadline is intended
primarily for students who decide to file an appeal after
receiving their scores in June.))
[Statutory Authority: RCW 28A.655.061 and 28A.655.065. 07-13-035, § 392-501-601, filed 6/13/07, effective 7/22/07.]
(2) The superintendent of public instruction shall
five)) seven members total to the board, five voting
members and two alternates (for cases of unanticipated
absenteeism or potential conflict of interest on the part of a
regular voting member). The board shall be chaired by a
current or former high school principal and shall consist of
current or former teachers, department heads, and/or school
district assessment directors with experience and expertise in
the Washington essential academic learning requirements. Each
member shall be appointed for a three-year term, provided that
the initial terms may be staggered as the superintendent deems
(3) The high school graduation certificate appeals review board shall review applicable special, unavoidable circumstance appeal applications submitted to it by the superintendent of public instruction. The board shall:
(a) Review the written information submitted to the superintendent to determine whether sufficient evidence was presented that the student has the required knowledge and skills; and
(b) Make a recommendation to the superintendent, based on the criteria in subsection (6) of this section, regarding whether or not the appeal should be granted.
(4) Staff from the office of ((
the)) superintendent of
public instruction (OSPI) shall coordinate and assist the work
of the board. In this capacity, staff from the OSPI shall
prepare a preliminary analysis of each application and
accompanying information that evaluates the extent in which
the criteria in subsection (6) of this section have been met.
(5) If the board determines that additional information on a particular student is needed in order to fulfill its duties, the chair of the board shall contact the OSPI staff to request the information.
(6) The board shall recommend to the superintendent of public instruction that the appeal be granted if it finds that:
(a) The student, due to special, unavoidable circumstances as defined in WAC 392-501-601(2), was not able to successfully demonstrate his or her skills on the WASL, on an objective alternative assessment, or on a Washington alternate assessment available to students eligible for special education services;
(b) No other recourse or remedy exists to address the special, unavoidable circumstance prior to the student's expected graduation date;
(c) The student has met, or is on track to meet, all other state and local graduation requirements; and
(d) After considering the criteria below, in the board's best judgment, the student more likely than not possesses the skills and knowledge required to meet the state standard. The board shall consider the following criteria:
(i) Trends indicated by prior WASL or alternate assessment results;
(ii) How near the student has been in achieving the standard;
(iii) Scores on other assessments, as available;
(iv) Participation and successful completion of remediation courses and other academic assistance opportunities;
(v) Cumulative grade point average;
(vi) Whether the student has taken advanced placement, honors, or other higher-level courses; and
(vii) Other available information deemed relevant by the board.
(7) Based upon the recommendation of the high school graduation appeals board and any other information that the superintendent deems relevant, the superintendent of public instruction shall decide, based on the criteria established in subsection (6) of this section, whether to:
(a) Grant the appeal and waive the requirement that a student earn a certificate to graduate;
(b) Deny the appeal and not waive the certificate; or
(c) Remand the appeal back to the appeals board for further information or deliberation.
(8) The superintendent of public instruction shall act upon the student's application and notify the student, the student's school principal or designee, and the school district assessment coordinator whether the application was approved or denied within thirty days of the deadline for receiving the recommendation from the certificate appeals review board. This deadline for acting on the application may be extended if additional information is required from the student or the school district.
(9) If approved, the student's transcript shall indicate that the applicable certificate was waived.
(10) School staff shall include a copy of the application, supporting information, and the superintendent's decision in the student's cumulative folder.
[Statutory Authority: RCW 28A.655.061 and 28A.655.065. 07-13-035, § 392-501-602, filed 6/13/07, effective 7/22/07.]