WSR 16-15-100 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed July 20, 2016, 11:04 a.m., effective August 20, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: This amendment to provisions of chapter 392-160 WAC broadens the rules' language referencing the state's English language assessment. The purpose of the rule amendment is to align the rules with assessments currently used for English language learners.
Citation of Existing Rules Affected by this Order: Amending chapter 392-160 WAC.
Statutory Authority for Adoption: RCW 28A.180.060.
Adopted under notice filed as WSR 16-12-106 on July 6 [June 1], 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 3, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 8, 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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