PROPOSED RULES
PUBLIC INSTRUCTION
Original Notice.
Preproposal statement of inquiry was filed as WSR 11-18-042.
Title of Rule and Other Identifying Information: Chapter 392-502 WAC, On-line learning -- Approval of multidistrict on-line providers.
Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, 600 Washington S.E., Brouillet Conference Room, 4th Floor, Olympia, WA 98504-7200, on December 28, 2011, at 10:00 a.m.
Date of Intended Adoption: December 29, 2011.
Submit Written Comments to: Karl Nelson, 4507 University Way N.E., Suite 204, Seattle, WA 98105, e-mail karl.nelson@k12.wa.us, fax (206) 616-4595, by December 28, 2011.
Assistance for Persons with Disabilities: Contact Wanda Griffin by December 20, 2011, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed changes:
| • | Align the rules with ESHB 2065, passed by the 2011 legislature. |
| • | Remove the "district responsibility" section to eliminate duplication between chapter 28A.205 RCW and the rules. |
| • | Adjust the approval process timeline so that, beginning with the 2012-13 school year, applications are available January 1. This timeline will shorten the time between approval notification and the effective date of approval and avoid the scheduling conflicts inherent in the current timeline. |
| • | Add a formal process to modify the assurances, criteria, and approval process. Potential changes will be announced in October, any interested parties will have an opportunity to comment on the proposal. Final versions will be posted by January 1. |
| • | Add clarity to the assurances, approval, and rescindment sections. |
Reasons Supporting Proposal: Chapter 28A.250 RCW was amended by the 2011 legislature in ESHB 2065. This legislation contained several provisions that impact chapter 392-502 WAC, necessitating amendments to that rule. Among other things, ESHB 2065 expanded the scope of the on-line provider approval process to include single district on-line programs in addition to multidistrict providers. As a result, the rules need modification to accommodate this change. The revised rule will also include several updates to the rule based on two years of operational knowledge gained in conducting approval of multidistrict on-line providers.
Statutory Authority for Adoption: Chapter 28A.250 RCW.
Statute Being Implemented: Chapter 28A.250 RCW.
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 and Implementation: Karl Nelson, 4507 University Way N.E., Suite 204, Seattle, WA 98105, (206) 616-9940; and Enforcement: Martin Mueller, 600 Washington Street S.E., Olympia, WA 98504, (360) 725-6175.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
November 21, 2011
Randy Dorn
State Superintendent
of Public Instruction
OTS-4452.1
AMENDATORY SECTION(Amending WSR 10-01-099, filed 12/17/09,
effective 1/17/10)
WAC 392-502-001
Authority.
The authority for these
rules is ((chapter 34.05)) RCW 7.60.055, which authorizes the
superintendent of public instruction to adopt rules
((regarding approval of multidistrict on-line)) defining
minimum requirements and accountability for alternative
learning experience on-line programs and RCW 28A.250.020,
which authorizes the superintendent to adopt by rule criteria
and processes for approving on-line providers.
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-001, filed 12/17/09, effective 1/17/10.]
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-005, filed 12/17/09, effective 1/17/10.]
(1) "Multidistrict on-line provider" means:
(a) A private or nonprofit organization that enters into a contract with a school district to provide on-line courses or programs to K-12 students from more than one school district;
(b) A private or nonprofit organization or a school district that enters into contracts with multiple school districts to provide on-line courses or programs to K-12 students from those districts; or
(c) Except as provided in (c)(i) and (ii) of this subsection, a school district that provides on-line courses or programs to students who reside outside the geographic boundaries of the school district.
(i) "Multidistrict on-line provider" does not include a
school district on-line learning program in which fewer than
ten percent of the students enrolled in the program are from
other districts under the interdistrict student transfer
provisions of RCW 28A.225.225. ((If, at the end of a school
year, the annual average headcount for that school year of
students who reside outside the geographic boundaries of a
school district and are enrolled in a school district on-line
program increases to ten percent or more of the total program
enrollment headcount, the program shall be required to apply
as a multidistrict on-line provider in the next approval
cycle. The program can continue operating the year of the
required approval review, but not the following school year
unless approved as a multidistrict on-line provider.))
(ii) "Multidistrict on-line provider" also does not
include regional on-line learning programs that are jointly
developed and implemented ((by)) through an interdistrict
cooperative program between two or more school districts or
between one or more school districts and an educational
service district ((through an interdistrict cooperative
program)), unless the annual average headcount of students who
reside outside the geographic boundaries of those school
districts and who are enrolled in the regional on-line program
is ten percent or more of the total program enrollment
headcount. Any agreement ((that addresses)) establishing such
a program must address, at minimum, how the districts share
student full-time equivalency for state basic education
funding purposes and how categorical education programs,
including special education, are provided to eligible students
((unless at the end of a school year, the annual average
headcount for that school year of students who reside outside
the geographic boundaries of those school districts and are
enrolled in the regional on-line program increases to ten
percent or more of the total program enrollment headcount, the
program shall be required to apply as a multidistrict on-line
provider in the next approval cycle. The program can continue
operating the year of the required approval review, but not
the following school year unless approved as a multidistrict
on-line provider)).
(2) "On-line course" means a course ((that)) in which:
(a) ((Is)) More than half of the course content is
delivered ((primarily)) electronically using the internet or
other computer-based methods; and
(b) ((Is taught by a teacher primarily)) More than half
of the teaching is conducted from a remote location((. Students enrolled in)) through an on-line course ((may have
access to the teacher synchronously, asynchronously,))
learning management system or ((both)) other on-line or
electronic tools.
An on-line course may be delivered to students at school
as part of the regularly scheduled school day. An on-line
course also may be delivered to students, in whole or in part,
independently from a regular classroom schedule((, but such
courses)). On-line courses delivered to students
independently of a regular classroom schedule must comply with
RCW 28A.150.262 and WAC 392-121-182 to qualify for state basic
education funding.
(3) "On-line school program" means a school program that:
(a) ((Is)) Offers courses or grade-level course work that
are delivered primarily electronically using the internet or
other computer-based methods;
(b) ((Is)) Offers courses or grade-level course work that
are taught by a teacher primarily from a remote location using
on-line or other electronic tools. Students enrolled in an
on-line program may have access to the teacher synchronously,
asynchronously, or both;
(c) ((Delivers a part-time or full-time sequential
program)) Offers a sequential set of on-line courses or
grade-level course work that may be taken in a single school
term or throughout the school year in a manner that could
provide a full-time basic education program if so desired by
the student. Students may enroll in the program as part-time
or full-time students; and
(d) Has an on-line component of the program with on-line lessons and tools for student and data management.
An on-line school program may be delivered to students at
school as part of the regularly scheduled school day. An
on-line school program also may be delivered to students, in
whole or in part, independently from a regular classroom
schedule((, but such programs)). On-line programs delivered
to students independently of a regular classroom schedule must
comply with RCW 28A.150.262 and WAC 392-121-182 to qualify for
state basic education funding.
(4) "On-line provider" means any provider of an on-line course or program, multidistrict on-line providers, all school district on-line learning programs, and all regional on-line learning programs.
(5) "Accrediting organizations" means the designated
bodies identified by the superintendent of public instruction
after consultation with the Washington council for on-line
learning and published on the superintendent of public
instruction web site. Accrediting organizations are for
providers to use to satisfy the accreditation qualification
for being an approved ((multidistrict)) on-line provider.
(((5) "Approval" means the provider may offer
courses/programs taught by Washington certified teachers to
Washington students, and districts can claim the students for
basic education funding starting with the 2011-12 school
year.))
(6) For the purposes of this section, "primarily" is defined as more than half.
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-010, filed 12/17/09, effective 1/17/10.]
((When questions arise whether an entity is subject to
approval as a multidistrict on-line course or program
provider, the final determination will be made by the
superintendent of public instruction taking into consideration
the intent of the SSB 5410 legislation.
(2) The superintendent of public instruction shall make a first round of approval decisions by April 1, 2010, for those multidistrict on-line providers applying for approval. Subsequent approval decisions shall be made annually by November 1, 2010, and each subsequent year.
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(((4))) (3) If at the end of ((a given)) the 2011-12
school year, the annual average headcount for that school year
of students who reside outside the geographic boundaries of a
school district or regional on-line learning program and are
enrolled in a school district on-line program or regional
on-line learning program increases to ten percent or more of
the total on-line program enrollment headcount, the program
((shall)):
(a) ((Be required to)) Must seek approval ((in the
upcoming)) prior to November ((cycle in order to be eligible
to claim state basic education funding the subsequent school
year)) 1, 2013.
(b) May continue operating during the 2012-13 school year
((of the required review)), but not the following school year
unless approved as a multidistrict on-line provider.
(((5) Multidistrict on-line providers seeking approval
will)) (4) Prior to the 2012-13 school year, multidistrict
on-line providers seeking approval must submit an application
for approval. The application form is outlined on the
superintendent of public instruction web site. The
superintendent or his or her designee will review submitted
applications for compliance with the assurances and designated
approval criteria set forth in WAC 392-502-030 and must meet
or exceed the acceptable defined score. Beginning with the
2013-14 school year, all on-line providers seeking approval
must submit an application outlined on the superintendent of
public instruction web site which will be reviewed for
compliance with the requested assurances and designated
approval criteria and must meet or exceed the acceptable
defined score.
(((6))) (5) The superintendent of public instruction
((will notify provider applicants)) makes decisions regarding
approval of applications submitted pursuant to this chapter no
later than November 1st of each year. An on-line provider's
approval status takes effect the ((results)) beginning of the
((review, including feedback about)) school year following the
date of the superintendent's approval of the on-line
provider's application.
(6) For the 2011-12 school year, final modifications to
the conditions for approval, required assurances ((and)),
approval criteria ((that were not in compliance)), and
application forms will appear on the superintendent of public
instruction's web site by ((April 1, 2010, for the initial
round of approvals and by November 1, 2010, and each
subsequent year after that)) February 15, 2012.
(7) ((Any)) Beginning with the 2012-13 school year, any
proposed modifications to the conditions for approval,
required assurances, approval criteria, and application forms
will appear on the superintendent of public instruction web
site by ((July 1, 2010, and April 1st each subsequent))
October 1st of each year. The superintendent will accept
feedback from on the proposed modifications from any
interested parties prior to November 1st of each year. Any
final modifications to the conditions for approval, required
assurances, approval criteria, and application forms will
appear on the superintendent of public instruction's web site
by January 1st of each year.
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-020, filed 12/17/09, effective 1/17/10.]
(a) To be approved, on-line providers must provide the
following ((required)) assurances ((include, but are not
limited)) to the superintendent of public instruction:
(i) ((Have accreditation)) The on-line provider is
accredited through an accrediting body as defined in WAC 392-502-010 and agrees to maintain accredited status for the
duration of the approval period.
(ii) ((Offer courses/programs eighty percent aligned to
Washington state academic standards.
(iii) Demonstrate that all teachers are certificated in accordance with chapter 181-82 WAC.
(iv) For multidistrict)) Each course and program the on-line provider offers is aligned with at least eighty percent of the current applicable grade/subject area of Washington state standards. For courses with content that is not included in state standards, the on-line provider's courses are aligned with at least eighty percent of nationally accepted content standards set for the relevant subjects. On-line providers must submit information to the superintendent regarding the standards alignment and the standards aligned.
(iii) All instruction delivered to Washington state students is delivered by Washington state certificated teachers who are assigned to instruct courses in a manner which meets the "highly qualified" definition under the No Child Left Behind Act and in a manner which meets the requirements set forth in chapter 181-82 WAC.
(iv) For on-line providers that offer high school
courses, the courses offered by the on-line provider must be
eligible for high school credit ((per)) pursuant to WAC 180-51-050. (((However, final decisions regarding the
awarding of high school credit shall remain the responsibility
of school districts.)
(v) Courses meet the credit/content requirements as outlined in any respective WACs.))
(v) All of the on-line provider's current and future courses in the following areas meet the credit/content requirements as provided for in WAC 392-410-120 (Washington state history and government requirements), WAC 392-410-135 (Physical education -- Grade school and high school requirement), and WAC 392-410-140 (Sexual health education -- Definition -- Optional course or subject matter -- Excusal of students).
(vi) All advanced placement courses offered by the
on-line provider have ((all)) been approved ((via)) in
accordance with the college board advanced placement course
audit. For advanced placement courses not yet offered at the
time of application, the on-line provider must assure that
those courses will be approved by the college board prior to
offering those courses to students.
(vii) The on-line provider's data management systems
ensure all student information remains confidential, as
required by the Family Educational Rights and Privacy Act
(((FERPA))) of 1974, as amended.
(viii) The on-line provider's web systems and content
meet ((specified)) accessibility conformance levels specified
in the list of approved provider assurances on the office of
superintendent of public instruction's web site.
(ix) The on-line provider provides all information as directed or as requested by the office of superintendent of public instruction, the secretary for the department of education, and other federal officials for audit, program evaluation compliance, monitoring, and other purposes and to maintain all records for the current year and three previous years.
(x) The on-line provider informs the office of superintendent of public instruction in writing of any significant changes to the program including, but not limited to, changes in assurances, program description, fiscal status, or ownership.
(xi) The on-line provider upholds any pertinent federal or state laws, rules or regulations, in the delivery of the on-line courses or programs.
(xii) The ((applicant)) on-line provider retains
responsibility for the quality of courses and content offered,
regardless of any third-party contractual arrangements,
partnerships or consortia, contributing to the content or
delivery of the on-line courses or programs.
(xiii) ((Comply)) The on-line provider complies with the
state assessment requirements including, but not limited to,
the requirements of chapter 28A.655 RCW and WAC 392-121-182,
as applicable.
(xiv) All of the provider's current and future career and technical education (CTE) courses are aligned to Washington state CTE program standards and have been approved by the office of superintendent of public instruction's CTE office. CTE courses must be taught by a Washington certificated teacher who is also CTE-certificated in the subject area of the course.
(xv) The on-line provider agrees to abide by any additional assurances required by the superintendent of public instruction.
(b) On-line providers must meet the following approval
criteria ((categories must be met through)) by a preponderance
of evidence submitted with the on-line provider's application
((at an acceptable level established by the superintendent of
public instruction. Criteria shall include, but are not
limited to)):
(i) Course content and instructional design incorporating course goals and outcomes, materials and content organization, and student engagement.
(ii) Classroom management incorporating grading and privacy policies, internet etiquette, and expectations for communications.
(iii) Student assessment incorporating various types, frequent feedback, and appropriateness for the on-line learning environment.
(iv) Course evaluation and management incorporating strategies for obtaining feedback about the courses/programs and processes for quality assurance and updating content.
(v) Student support incorporating policies and systems to enhance the students' learning experience and their success.
(vi) ((Mentor)) School-based support incorporating
strategies and systems to allow ((them)) school-based staff to
support student success.
(vii) Technology elements, requirements and support including descriptions and ease of navigation.
(viii) Staff development and support including training and on-line instructor performance reviews conducted on a planned and regularly scheduled basis.
(ix) Program management including timeliness and quality of teachers' responses to students, handling of fees, prompt distribution of materials and processing of enrollments, and handling fees and payments.
(((2))) (x) The superintendent may require additional
approval criteria pursuant to WAC 392-502-080.
(2) After review by the on-line learning advisory
committee, the approval criteria with explanations and
suggested supporting evidence will be posted on the
superintendent of public instruction web site ((by December
31, 2009, and any modifications to those will appear by July
1, 2010, and by April 1st each subsequent year after review by
the on-line learning advisory committee and the state board of
education)) on or before the date the application is made
available.
(3) On-line provider's application((s)) will be reviewed
by ((a committee)) reviewers selected by the superintendent of
public instruction for their experience and expertise. The
((committee)) reviewers will be provided orientations and
training to review and score the ((multidistrict)) on-line
provider applications using the approval criteria and scoring
protocols.
(4) Prior to the 2013-14 school year, when developing
local or regional on-line learning programs, school districts
((shall)) must incorporate the approval criteria developed by
the superintendent of public instruction into the program
design.
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-030, filed 12/17/09, effective 1/17/10.]
(1) The on-line provider may file a revised application
with the superintendent of public instruction no later than
fifteen ((business)) days ((of notification)) after the
on-line provider received notice of the denial. ((The
provider must provide specific, objective information that
details the basis for their appeal.))
(2) The superintendent of public instruction ((shall act
upon the appeal and)) will designate an official to review the
on-line provider's revised application. The designated
official will notify the applicant in writing whether the
((appeal was)) revised application is approved or denied
within forty-five business days of the superintendent's
receipt of the revised application. This deadline for acting
on the ((appeal)) request may be extended by the
superintendent of public instruction if additional information
is required from the applicant.
(3) Decisions made by the superintendent of public instruction under WAC 392-502-020 may be appealed as provided for in RCW 34.05.514.
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-040, filed 12/17/09, effective 1/17/10.]
(1) Grandfathered multidistrict on-line providers are granted their initial approval only until August 31, 2012, and must be approved in a renewal process prior to that date in order to continue offering their courses/school programs for the 2012-13 school year.
(2) ((Multidistrict)) On-line providers that have been
approved ((shall)) must annually ((be required to)) provide
the superintendent of public instruction information ((on))
regarding the following:
(a) On-line provider's overall instructional program;
(b) Content of individual on-line courses and on-line school programs;
(c) Direct link to the on-line provider's web site;
(d) Registration information for on-line learning programs and courses;
(e) Teacher qualifications;
(f) Student-to-teacher ratios as defined by the superintendent of public instruction;
(g) Course completion and pass rates as defined by the superintendent of public instruction; and
(h) Other evaluative and comparative information requested by the superintendent of public instruction.
(3) On-line providers must carry out the program/courses described in the approval application, abide by the assurances listed in WAC 392-502-030 and certified in the application process and maintain the approval criteria listed in WAC 392-502-030.
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-050, filed 12/17/09, effective 1/17/10.]
(2) Process for rescindment.
(a) The superintendent of public instruction or his or
her designee will notify an on-line provider((s will be
notified)) when there is substantial evidence that ((they
are)) the on-line provider is not meeting one or more of the
approval conditions and that the superintendent is considering
rescindment ((is being considered)). The ((letter shall))
notification will be in writing and will state the specific
areas of concern.
(b) The on-line provider will be invited to submit a corrective action plan with a timeline to address the specific areas of concern. The corrective action plan must be submitted within fifteen business days of the superintendent's notification. If no corrective action plan is received by the superintendent of public instruction or his or her designee, the provider's approval will be rescinded.
(c) The superintendent of public instruction ((shall))
will consider the corrective action plan and ((make a
determination)) determine whether ((it)) the plan
satisfactorily addresses the specific areas of concern,
whether additional actions are necessary, or whether the plan
is substantially incomplete and ((the)) approval ((should))
must be immediately rescinded. Before making this decision,
the superintendent ((shall)) or his or her designee will
provide an opportunity for the ((multidistrict)) on-line
provider to clarify and adjust ((their)) its plan.
(d) Recognizing the serious nature of rescindment and its potential impact on students, districts and providers, the superintendent of public instruction or his or her designee will only rescind approvals if he or she finds that the multidistrict on-line provider is unwilling to take the necessary corrective actions to bring the courses/programs in compliance with the approval assurances and criteria. If the superintendent of public instruction or his or her designee determines that a multidistrict on-line provider's approval must be rescinded, the implementation of the rescindment shall, to the greatest extent possible, be timed to prevent unnecessary disruption to the education of the students.
(e) The superintendent of public instruction reserves the right to immediately rescind approval of any provider where conditions exist that jeopardize academic or fiscal integrity or compromise the health and safety of students or staff.
(3) Rescinded providers are responsible for communicating that change in status to their clients. The superintendent of public instruction or his or her designee will remove rescinded providers from the agency's web site.
(4) Rescinded providers are permitted to submit for reapproval during subsequent approval application periods.
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-060, filed 12/17/09, effective 1/17/10.]
(a) Offered by a multidistrict on-line provider approved by the superintendent of public instruction;
(b) Offered by a school district on-line learning program if the program serves students who reside within the geographic boundaries of the school district, including school district programs in which fewer than ten percent of the program's students reside outside the school district's geographic boundaries; or
(c) Offered by a regional on-line learning program jointly developed and offered by two or more school districts or an educational service district through an interdistrict cooperative or consortium program agreement in which fewer than ten percent of the program's students reside outside the school districts' geographic boundaries.
(2) Beginning with the 2013-14 school year, school districts may claim state funding under RCW 28A.150.260, to the extent otherwise allowed by state law, for students enrolled in on-line courses or programs only if the on-line courses or programs are offered by an on-line provider approved under RCW 28A.250.020 by the superintendent of public instruction.
(3) Criteria shall be established by the superintendent of public instruction to allow on-line courses that have not been approved by the superintendent of public instruction to be eligible for state funding if the course is in a subject matter in which no courses have been approved and, if it is a high school course, the course meets Washington high school graduation requirements. These criteria will be posted on the superintendent of public instruction web site by December 31, 2009, and any modifications to those will appear by July 1, 2010, and April 1st each subsequent year after review by the on-line learning advisory committee and the state board of education.
[Statutory Authority: 2009 c 542. 10-01-099, § 392-502-080, filed 12/17/09, effective 1/17/10.]
The following section of the Washington Administrative Code is repealed:
| WAC 392-502-011 | District responsibility. |