WSR 16-12-106 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed June 1, 2016, 10:01 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-08-064.
Title of Rule and Other Identifying Information: WAC 392-160-015 Identification of eligible students, 395-160-020 Approved test for determining initial eligibility—English proficiency scores, and 395-160-035 Program exit requirements—Testing.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Billings Conference Room, 600 Washington Street S.E., Olympia, WA 98501, on July 6, 2016, at 1:00 p.m.
Date of Intended Adoption: July 8, 2016.
Submit Written Comments to: Collette Mason, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail collette.mason@k12.wa.us, fax (360) 725-0424, by July 6, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by July 6, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: These WAC require updating to align with assessments currently used for English language learners. Clarification is needed to address the outdated language.
Statutory Authority for Adoption: RCW 28A.180.060.
Statute Being Implemented: RCW 28A.180.060.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Collette Mason, OSPI, 600 South Washington, Olympia, WA, (360) 725-6068; Implementation: Michael Middleton, OSPI, 600 South Washington, Olympia, WA, (360) 725-6434; and Enforcement: Robin Munson, OSPI, 600 South Washington, Olympia, WA, (360) 725-6336.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable - no small business impact, no school district fiscal impact.
A cost-benefit analysis is not required under RCW 34.05.328. OSPI is not subject to RCW 34.05.328 per subsection (5)(a)(i). Additionally, this rule is not a significant legislative rule per subsection (5)(c)(iii).
June 1, 2016
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 08-19-039, filed 9/10/08, effective 10/11/08)
WAC 392-160-015 Identification of eligible students.
(1) District procedures—Identification of primary language required: Every school district board of directors shall adopt written procedures governing the identification of each student's primary language and the determination of which students with a primary language other than English are eligible students. Such procedures shall include:
(a) A home language survey, completed by the student and the student's parent(s) or guardian(s), which identifies the student's primary language as other than English; and
(b) Provisions for testing students on the state-approved ((Washington language proficiency placement test)) screener.
(2) Deadline for determining eligibility of newly enrolled students: The primary language and eligibility of each newly enrolled student shall be established no later than the tenth school day after the date upon which the student registers and commences attendance at a particular school district. Provided that no eligible student shall be required to participate in a transitional bilingual instructional program or an alternative instructional program, if the parent/guardian chooses to opt the student out of program services.
(3) Annual reassessment of all (eligible) students is required: Each school year each school in which an eligible student is enrolled shall conduct an evaluation of the overall academic progress and English language development of the student. This evaluation must include, but not be limited to, the administration of a standardized test in reading, writing, listening and speaking in English as set forth in WAC 392-160-035.
AMENDATORY SECTION (Amending WSR 09-04-014, filed 1/23/09, effective 2/23/09)
WAC 392-160-020 Approved test for determining initial eligibility—English proficiency scores.
Approved English proficiency test((: Washington language proficiency placement test (WLPT))) as established by the office of superintendent of public instruction.
AMENDATORY SECTION (Amending WSR 08-09-071, filed 4/16/08, effective 5/17/08)
WAC 392-160-035 Program exit requirements—Testing.
(1) No student shall continue to be entitled to a transitional bilingual instructional program or alternative instructional program after the student has received instruction in a transitional bilingual instructional program or alternative instructional program conducted pursuant to this chapter within any one or more school districts for a period of three consecutive school years (i.e., 540 school days or portions thereof): Unless the student has not yet met exit criteria on ((Washington)) the English language proficiency ((test)) assessment as established by the office of superintendent of public instruction.
(2) The approved test for measurement of improvement in English language skills for purposes of exit from the transitional bilingual instructional program or alternative instructional programs shall be the ((Washington)) English language proficiency ((test)) assessment.
(3) No student shall be eligible for continued funding in the transitional bilingual instructional program or alternative program upon meeting or exceeding the state standards as measured by the ((WLPT)) English language proficiency assessment. As provided for in this section and WAC 392-160-015, the parent/guardian retains the option to refuse program services for the eligible student.
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