WSR 17-06-026 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed February 22, 2017, 2:21 p.m., effective March 25, 2017] Effective Date of Rule: Thirty-one days after filing.
Purpose: The purpose of these 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 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 IEP 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.
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 17-02-081 on January 4, 2017.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: February 14, 2017.
Chris P. S. Reykdal
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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