WSR 15-09-106

EXPEDITED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed April 20, 2015, 1:47 p.m.]

Title of Rule and Other Identifying Information: Chapter 392-170 WAC, Special service program—Highly capable students.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kristina Johnstone, Office of Superintendent of Public Instruction (OSPI), Special Programs and Federal Accountability, P.O. Box 47200, Olympia, WA 98504-7200, AND RECEIVED BY June 22, 2015.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Make changes to chapter 392-170 WAC to clarify language. Changes will not change the rule's effect. For WAC 392-170-045, replace the word "nomination" with "referral." For WAC 392-170-045, 392-170-075 and 392-170-076, change language to indicate that the school board adopts policy and the school district establishes written procedures.

Reasons Supporting Proposal: Regarding WAC 392-170-045, the words nomination and referral are both used in the body of the section. Both nomination and referral result in the district considering a child for potential identification as a highly capable learner. This change consistently uses "referral" whereby creating a standard language for this step in the identification process. Regarding WAC 392-170-045, 392-170-075 and 392-170-076, the change clarifies and conforms to the role of the school board and the school district regarding the adoption of policies and establishment of written procedure. This change is consistent with school board and district operations whereby a school board adopts policy and a school district establishes written procedures.

Statutory Authority for Adoption: Chapter 28A.185 RCW, Highly capable students, RCW 28A.150.280, 28A.185.030, 28A.185.050.

Statute Being Implemented: Chapter 28A.185 RCW.

Rule is not necessitated by federal law, federal or state court decision.

Name of Agency Personnel Responsible for Drafting and Implementation: Kristina Johnstone, OSPI, Special Programs and Federal Accountability, (360) 725-4991; and Enforcement: Gayle Pauley, OSPI, Special Programs and Federal Accountability, (360) 725-6170.

April 20, 2015

Randy Dorn

State Superintendent

of Public Instruction

AMENDATORY SECTION (Amending WSR 13-07-020, filed 3/12/13, effective 4/12/13)

WAC 392-170-045 ((Nomination)) Referral process for highly capable students.

Each school district shall ((adopt)) establish written procedures for the ((nomination)) referral of students to participate in programs for highly capable students. Such procedures shall permit referrals based on data or evidence from teachers, other staff, parents, students, and members of the community.

A district's ((nomination)) referral procedure for students who are highly capable may include screening procedures to eliminate students who, based on clear, current evidence, do not qualify for eligibility under WAC 392-170-055.

AMENDATORY SECTION (Amending WSR 13-07-020, filed 3/12/13, effective 4/12/13)

WAC 392-170-075 Selection of most highly capable.

Each school district's board of directors shall adopt ((policies and)) a selection policy and school district shall establish written procedures for the selection of the most highly capable students by the multidisciplinary selection committee. Such ((policies)) policy and selection procedures:

(1) Shall not violate federal and state civil rights laws including, without limitation, chapters 28A.640 and 28A.642 RCW;

(2) Shall be based on professional judgment as to which students will benefit the most from inclusion in the district's program; and

(3) Shall be based on a selection system that determines which students are the most highly capable as defined under WAC 392-170-055, and other data collected in the assessment process.

AMENDATORY SECTION (Amending WSR 13-07-020, filed 3/12/13, effective 4/12/13)

WAC 392-170-076 Process for appeal.

Each district shall ((adopt a)) have a clear and written procedure for appealing the multidisciplinary selection committee's decision and disseminate this procedure to the public.