WSR 15-14-034 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed June 23, 2015, 1:12 p.m., effective July 24, 2015] Effective Date of Rule: Thirty-one days after filing.
Purpose: Make changes to the 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.
Citation of Existing Rules Affected by this Order: Amending WAC 392-170-045, 392-170-075, and 392-170-076.
Statutory Authority for Adoption: Chapter 28A.185 RCW, Highly capable students.
Adopted under notice filed as WSR 15-09-106 on April 20, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 23, 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.
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