WSR 16-24-090 PROPOSED RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed December 7, 2016, 9:51 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 16-21-104.
Title of Rule and Other Identifying Information: Chapter 392-160 WAC, Special service program—Transitional bilingual.
Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), 600 South Washington Street, Olympia, WA 98501, on January 11, 2017, at 10:00 a.m.
Date of Intended Adoption: January 13, 2017.
Submit Written Comments to: Jenny Choi, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail jenny.choi@k12.wa.us, fax (360) 664-0256, by January 11, 2017.
Assistance for Persons with Disabilities: Contact Kristin Murphy by January 4, 2017, TTY (360) 664-3631 or (360) 725-6133.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these proposed rules is to adopt the recommendations of the transitional bilingual instructional program (TBIP) accountability task force, authorized in ESSB 6002, section 501(y) (2015), and of the OSPI bilingual education advisory committee. Among other things, the proposed rules clarify that school districts must communicate with parents of students in the bilingual program in a language the parent can understand; they eliminate the requirement that districts must determine if the disability of a student with an individualized education program is the determinant factor in the student's English language deficiency; and they provide that all students identified as being eligible for TBIP and any other categorical program must enter and exit TBIP through the state standardized entrance and exit procedures used for all English language learners.
Reasons Supporting Proposal: The task force and advisory committee recommended the proposed changes in chapter 392-160 WAC to align state policies with federal law.
Statutory Authority for Adoption: RCW 28A.180.060.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Jenny Choi, OSPI, 600 South Washington Street, Olympia, WA, (360) 725-4477; Implementation and Enforcement: Mea Moore, OSPI, 600 South Washington Street, Olympia, WA, (360) 725-6147.
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).
December 2, 2016
Randy Dorn
State Superintendent
of Public Instruction
AMENDATORY SECTION (Amending WSR 08-19-039, filed 9/10/08, effective 10/11/08)
WAC 392-160-010 School district board of directors duties.
Consistent with the provisions of this chapter, every school district board of directors:
(1) Shall make available to each eligible student a transitional bilingual instructional program or, if the use of two languages is not practicable as provided in WAC 392-160-040, an alternative instructional program;
(2) Shall communicate((, whenever feasible,)) with parents of students in the bilingual program, or alternative instruction program in a language they can understand; and
(3) Shall provide effective professional development training of sufficient duration and depth for administrators, teachers, counselors, and other staff on bilingual program models, and/or district's alternative instructional program, appropriate use of instructional strategies and assessment results, and curriculum and instructional materials for use with culturally and linguistically diverse students.
AMENDATORY SECTION (Amending WSR 08-09-071, filed 4/16/08, effective 5/17/08)
WAC 392-160-045 Students with disabilities((—Conditions for transitional bilingual entitlement)).
(1) Students identified as being eligible for both the state transitional bilingual instructional program (TBIP) and special education program will participate in the TBIP to the same degree and consideration given to every other child in the TBIP.
(2) ((The district, in consultation with the student's IEP team shall determine whether the child's disability is the determinant factor for the child's English language skill deficiency.
(3) If it is determined that the child's disability is the determinant factor for the English language skill deficiency, the child shall not be eligible for the TBIP.
(4) If it is determined that the child's disability is not the determinant factor for the English language skill deficiency, the child shall be eligible for the TBIP.
(5) If it cannot be determined whether or not the child's disability is the determinant factor for the child's English language skill deficiency, the child shall be eligible for TBIP and the special education program. The child's district, in consultation with the student's IEP team shall assess annually whether or not the child's disability is the determinant factor for the child's English language skill deficiency. If the district and IEP team determine that the child's disability is the determinant factor for the child's English language skill deficiency then the child shall not be eligible for the TBIP.
(6))) A child who is participating in both the TBIP and the special education program under this chapter shall be subject to all conditions of participation ((provided in this)) in the TBIP chapter.
(3) All students identified as being eligible for the TBIP and any other categorical program will enter and exit TBIP through the standardized entrance and exit procedures used for all English learners described in WAC 392-160-015 and 392-160-035.
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