WSR 09-12-071

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed May 29, 2009, 11:16 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-09-150 [09-08-025].

Title of Rule and Other Identifying Information: Access to alternative assessments, WAC 392-501-510.

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 9:30 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 michael.middleton@k12.wa.us, 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: Certain students in each graduating class may be negatively impacted by existing rules within the affected WAC. Emergency rule adoption last spring ensured students in the Class of 2008 were provided due process for allowing review of and waiver appeal (where appropriate) of graduation requirements, associated with the state's assessments. The intent of this rule change of the access to alternative assessment protocols ensures students can access alternatives to the state graduation requirements that are more relevant to their specific situation.

Reasons Supporting Proposal: More equitable and fair process to fulfill the state's graduation requirements.

Statutory Authority for Adoption: RCW 28A.655.061, 28A.655.065, and 28A.155.045.

Statute Being Implemented: WAC 392-501-510.

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

Superintendent of

Public Instruction

OTS-1489.1


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 assessment of student learning.

(2) Students who transfer into a public school from within the state and are entering the 12th grade may individually be granted permission to 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 Washington assessment of student learning. The superintendent of public instruction shall develop timelines and an application form for this purpose, and shall grant or deny the request based upon consideration of the unique circumstances of the student and any hardships or unavoidable hindrances that may be caused by the student's participating in the Washington assessment of student learning.

[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