WSR 16-13-136 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed June 22, 2016, 8:31 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-09-103.
Title of Rule and Other Identifying Information: WAC 392-117-060 Student data reported for public reporting and accountability.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Policy Room, 600 South Washington Street, Olympia, WA 98501, on July 26, 2016, at 9:30 a.m.
Date of Intended Adoption: July 29, 2016.
Submit Written Comments to: Deb Came, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Deb.Came@k12.wa.us, fax (360) 753-6712, by July 26, 2016.
Assistance for Persons with Disabilities: Contact Kristin Murphy by July 19, 2016, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule, codified as a new section of chapter 392-117 WAC (governing the reporting of, among other things, student data), would require that OSPI's public reporting of student data must comply with section 504 of E4SHB [4SHB] 1541 (2016), so long as the reporting does not violate federal student privacy laws.
Reasons Supporting Proposal: Section 504(1) of E4SHB [4SHB] 1541 directs OSPI, in cooperation with the K-12 Data Governance Group, the Education Research and Data Center, and the state board of education, to adopt a rule providing that the only student data that OSPI should not publicly report is data where the school or school district has fewer than ten students in a grade level or student demographic subgroup. The purpose of section 504 is to increase the visibility of the opportunity gap in small subgroups of students and to hold schools accountable to individual student-level support. The rule must be effective by August 1, 2016.
Statutory Authority for Adoption: E4SHB [4SHB] 1541 (504)(1) (2016).
Statute Being Implemented: E4SHB [4SHB] 1541 (504)(1) (2016).
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Dierk Meierbachtol, OSPI, 600 South Washington Street, Olympia, WA, (360) 725-6004; Implementation and Enforcement: Deb Came, OSPI, 600 South Washington Street, Olympia, WA, (360) 725-6356.
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 21, 2016
Randy Dorn
State Superintendent
of Public Instruction
NEW SECTION
WAC 392-117-060 Student data reported for public reporting and accountability.
As authorized by section 504, chapter 72, Laws of 2016 (section 504 of 4SHB 1541 (2016)), and subject to the requirements of the Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g, 34 C.F.R. Part 99, the only student data that should not be reported by the office of superintendent of public instruction for public reporting and accountability is data where the school or school district has fewer than ten students in a grade level or student subgroup.
|