WSR 18-11-108
PROPOSED RULES
STATE BOARD OF EDUCATION
[Filed May 21, 2018, 8:27 a.m.]
Supplemental Notice to WSR 17-23-177.
Preproposal statement of inquiry was filed as WSR 16-20-019.
Title of Rule and Other Identifying Information: The following sections of chapter 180-105 WAC, Performance improvement goals: WAC 180-105-020 Reading and mathematics, 180-105-040 Definitions, and 180-105-060 High school graduation.
Hearing Location(s): On July 11, 2018, at 11:45 a.m., at ESD 101, Conference Center, 4202 South Regal Street, Spokane, WA.
Date of Intended Adoption: July 12, 2018.
Submit Written Comments to: Andrew Parr, 600 Washington Street S.E., P.O. Box 47206, Olympia, WA 98504, email Andrew.parr@k12.wa.us, fax 360-586-2357, by July 11, 2018.
Assistance for Persons with Disabilities: Contact Parker Teed, phone 360-725-6047, fax 360-586-2357, TTY 360-664-3631, email parker.teed@k12.wa.us, by July 11, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to make various amendments to chapter 180-105 WAC, Performance improvement goals, to align performance improvement goals to long-term goals described in the Washington Every Student Succeeds Act (ESSA) state accountability plan. The proposed amendments also make certain technical corrections to this chapter.
Reasons Supporting Proposal: The need to ensure that chapter 180-105 WAC, Performance improvement goals, is consistent in language and provisions with RCW 28A.305.130.
Statutory Authority for Adoption: RCW 28A.305.130.
Statute Being Implemented: RCW 28A.305.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: State board of education, governmental.
Name of Agency Personnel Responsible for Drafting: Andrew Parr, 600 Washington Street S.E., Olympia, WA 98504, 360-725-6063; Implementation and Enforcement: Randy Spaulding, 600 Washington Street S.E., Olympia, WA 98504, 360-725-6024.
A school district fiscal impact statement has been prepared RCW 28A.305.135.
SCHOOL DISTRICT FISCAL IMPACT STATEMENT
WSR:
Title of Rule: Performance improvement goals.
Agency: SDF - School District Fiscal Impact - SPI.
Part I: Estimates: No fiscal impact, the proposed rule change will have no fiscal impact on school districts.
Estimated Cash Receipts to: No estimated cash receipts.
Estimated Expenditures From: No estimated expenditures.
Estimated Capital Impact: No estimated capital impact.
Part II: Narrative Explanation:
II. A – Brief Description Of What the Measure Does That Has Fiscal Impact: Briefly describe by section, the significant provisions of the rule, and any related workload or policy assumptions, that have revenue or expenditure impact on the responding agency.
None.
II. B – Cash Receipts Impact: Briefly describe and quantify the cash receipts impact of the rule on the responding agency, identifying the cash receipts provisions by section number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.
None.
II. C – Expenditures: Briefly describe the agency expenditures necessary to implement this rule (or savings resulting from this rule), identifying by section number the provisions of the rule that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time and ongoing functions.
None.
Part III: Expenditure Detail
III. A – Expenditures by Object or Purpose: None.
Part IV: Capital Budget Impact: None.
A copy of the statement may be obtained by contacting Thomas J. Kelly, 600 Washington Street S.E., Room 433, Olympia, WA 98504, phone 360-725-6301.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Explanation of exemptions: Chapter 28A.305 RCW, Performance improvement goals, requires the alignment of district and school improvement goals to long-term goals described in ESSA state accountability plan.
April 25, 2018
Randy Spaulding
Executive Director
AMENDATORY SECTION (Amending WSR 07-07-052, filed 3/14/07, effective 4/14/07)
WAC 180-105-020 ((Reading and mathematics.)) Performance improvement goals.
(((1) Each school district board of directors shall by December 15, 2003:
(a) Adopt district-wide performance improvement goals using the federal requirements to determine the increase in the percentage of students who meet or exceed the standard on the Washington assessment of student learning for reading and mathematics in grades four, seven, and ten; and
(b) Direct each school in the district that administers the Washington assessment of student learning for grade four, seven, or ten to adopt performance improvement goals using the federal requirements to determine the increase in the percentage of students meeting the standard for its fourth, seventh, or tenth grade students in reading and mathematics.
(2) School districts and schools shall establish separate district-wide and school reading and mathematics improvement goals using the federal requirements to determine the increase in requirements under subsection (1) of this section for each of the following groups of students:
(a) All students;
(b) Students of each major racial and ethnic group;
(c) Economically disadvantaged students;
(d) Students with disabilities; and
(e) Students with limited English proficiency.
(3) School districts and schools are not required to publish numerical improvement goals in a grade level for reading and mathematics for 2004 or in any year thereafter for any student group identified in subsection (2) of this section in which there were fewer than ten students eligible to be assessed on the Washington assessment of student learning in the prior year. However, this subsection shall not be construed to affect WAC 180-16-220 (2)(b) or any other requirements for school and school district improvement plans.
(4) Annual performance improvement goals for both school districts and schools shall be determined:
(a) By using the starting point and annual goals established using the federal requirements for determining starting points in the 2003 Washington State No Child Left Behind (NCLB) Accountability Plan.
(b) If the performance improvement goals established by using the federal requirements to determine the increase for assessments administered in the spring of 2003 and each year thereafter through and including assessments administered in the spring of 2013 are not met, but the other indicator is met [the other indicator for high schools is the graduation goal (WAC 180-105-040(4)) and the other indicator for elementary and middle schools is the unexcused absences goal (Washington State Accountability System under NCLB 2001)] then a substitute calculation may be made. That substitute calculation representing satisfactory progress shall not be less than the sum of:
(i) The percentage of students meeting standard on the assessments administered in the spring of the preceding year for the relevant student group, grade level and subject; and
(ii) The percentage of students who did not meet standard on the assessments administered in the spring of the preceding year for the relevant student group, grade level and subject, multiplied by ten percent.
(c) The performance improvement goals for assessments administered in the spring of 2014 shall be that all students eligible to be assessed meet standard on the Washington assessment of student learning.
(5) School districts and schools shall be deemed to have met the performance improvement goals established pursuant to this chapter if the school district or school achieves the minimum improvement goal required under subsection (4) of this section, even if the school district or school does not achieve the performance improvement goals established by using the federal requirements to determine the increase.
(6) No performance improvement goal for a group in a subject and grade established pursuant to this section shall be used for state or federal accountability purposes if fewer than thirty students in the group for a subject and grade are eligible to be assessed on the Washington assessment of student learning.)) (1) As part of the district and school improvement plan required in WAC 180-16-220 each school district board of directors shall by September 1, 2019, and annually thereafter:
(a) Adopt district-wide performance improvement goals for the measures included in the Washington school improvement framework.
(b) Direct each school in the district that enrolls students in grades three through eight and/or high school to establish goals to increase the measures included in the Washington school improvement framework consistent with state and district goals.
(2) School districts and schools shall establish separate district-wide and school English language arts and mathematics improvement goals using the federal requirements to determine the increase in requirements under subsection (1) of this section for the all students group and each of the groups of students required under the federal requirements.
(3) School districts and schools are not required to publish numerical improvement goals in a grade level or student group referenced in subsection (2) of this section for any year in which there were fewer than the minimum number of reportable students identified in the Washington accountability plan approved by the U.S. Department of Education. However, this subsection shall not be construed to affect WAC 180-16-220 (2)(b) or any other requirements for school and school district improvement plans.
AMENDATORY SECTION (Amending WSR 05-15-036, filed 7/11/05, effective 7/11/05)
WAC 180-105-040 Definitions.
((As used in Title 3 WAC:
(1) "High school" means a public school in the state enrolling students in any of grades nine through twelve.
(2) "Graduation rate" means the percentage of students who receive a regular high school diploma within four academic years of having enrolled for the first time as ninth grade students. Students who transfer to another school less than four academic years after initial enrollment in the ninth grade shall not be included in the calculation of the graduation rate for the school from which the student transfers. Students who become deceased shall not be included in the calculation of the graduation rate for the school last attended. Students who earn a regular high school diploma after their four academic years will be included in additional calculations and reports for the year a regular high school diploma is completed.
(3) "Graduation rate goal" means the expected minimum graduation rate reported in a particular year for the prior year's graduating class. For example, the graduation rate goal for 2006 relates to students in the class of 2005.
(4) "Graduating class" or "class of" or "cohort" of any particular year means the group of students who are scheduled to graduate in that particular year after having completed grades nine through twelve in four or fewer academic years.)) (1) "High school" means a public school in the state enrolling students in any of grades nine through twelve.
(2) "Graduation rate" means the four-year adjusted cohort graduation rate expressed as the percentage of students who receive a regular high school diploma within four academic years of having enrolled for the first time as ninth grade students. Students who transfer to another school less than four academic years after initial enrollment in the ninth grade shall not be included in the calculation of the graduation rate for the school from which the student transfers. Students who become deceased shall not be included in the calculation of the graduation rate for the school last attended. Students who earn a regular high school diploma after their four academic years will be included in additional calculations and reports for the year a regular high school diploma is completed.
(3) "Performance improvement goals" means the long-term goals described in the Washington accountability plan approved by the U.S. Department of Education for the academic achievement indicator, high school graduation indicator, and English learner progress indicator.
(4) "School and school district improvement plans" means the data-driven plan for the district and each school described and required under WAC 180-16-220 that promotes a positive impact on student learning and includes a continuous improvement process.
(5) "Federal requirements" means the accountability and other requirements specified by the U.S. Department of Education in the Elementary and Secondary Education Act of 1965, as amended.
(6) "Washington school improvement framework" or "WSIF" means the system of school differentiation described in the Washington accountability plan approved by the U.S. Department of Education as meeting federal requirements. The framework methodology establishes a summative score for the all students group and the reportable student groups specified in WAC 180-105-020(2) from up to five indicators broadly categorized as academic achievement, student academic growth, English learner progress, high school graduation, and school quality or student success.
(7) "Washington school improvement framework indicators" includes the following indicators:
(a) "Academic achievement indicator" means the measure of the percentage of students who are proficient on the assessments of student learning in reading/English language arts and mathematics included as part of the system of differentiation described in the Washington accountability plan approved by the U.S. Department of Education.
(b) "Student growth indicator" means a measure of academic growth or academic improvement derived from the Washington assessments of student learning included as part of the system of differentiation described in the Washington accountability plan approved by the U.S. Department of Education.
(c) "High school graduation indicator" means the graduation rate and adjustments if any included as part of the system of differentiation described in the Washington accountability plan approved by the U.S. Department of Education. This indicator only applies to high schools as defined in subsection (3) of this section.
(d) "English learner progress indicator" means a measure of the progress in achieving English language proficiency for English learners included as part of the system of differentiation as described in the Washington accountability plan approved by the U.S. Department of Education.
(e) "School quality or student success indicator" means the measure or combination of measures of student engagement and school climate included as part of the system of differentiation described in the Washington accountability plan approved by the U.S. Department of Education.
(i) "Regular school attendance" is a measure of school quality or student success in the Washington school improvement framework. The measure is the percentage of students at a school who had fewer than eighteen full-day absences (ten percent) during the school year.
(ii) "9th graders on track" is a measure of school quality or student success in the Washington school improvement framework. The measure is the percentage of first-time nineth graders at a school who pass all the credits attempted. This indicator only applies to high schools as defined in subsection (3) of this section.
(iii) "Advanced course-taking" is a measure of school quality or student success in the Washington school improvement framework. The measure is the percentage of all enrolled students (grades nine through twelve) who complete a dual credit course. This indicator only applies to high schools as defined in subsection (3) of this section.
Reviser's note: The spelling error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION (Amending WSR 07-07-052, filed 3/14/07, effective 4/14/07)
WAC 180-105-060 ((High school graduation.)) Establishing goals.
(((1) Each school district board of directors shall by December 15, 2005, revise district-wide graduation rate goals for 2006 and each year thereafter and shall direct each high school in the district to revise graduation rate goals for 2006 and each year thereafter, subject to approval by the board.
(2) The minimum graduation rate goals through 2013 shall be as follows for each of the nine groups of students listed in WAC 180-105-040(4):
(a) Sixty-six percent in 2005, one percentage point above the previous year's goal from 2006 through 2009, and three percentage points above the previous year's goal in 2010 through 2013; or
(b) For any student group whose graduation rate falls below sixty-six percent in 2005, the minimum goal for 2005 is two percentage points above that group's graduation rate in 2004, an additional two percentage points per year above the previous year's goal in 2006 through 2009, and an additional four percentage points per year above the previous year's goal in 2010 through 2013, until the rate for that group meets or exceeds the goal described in (a) of this subsection.
(3) Graduation rate goals in 2014 and each year thereafter for each group of students listed in WAC 180-105-040(4) shall be not less than eighty-five percent.
(4) School district boards of directors are authorized to adopt district-wide graduation rate goals and to approve high school graduation rate goals that exceed the minimum level required under this section. However, district-wide and high school graduation rate goals that exceed the minimum level required under this section shall not be used for federal or state accountability purposes.)) (1) Annual performance improvement goals for both school districts and schools established pursuant to WAC 180-105-020 shall be determined:
(a) Using the most recently available school improvement framework results as the starting point and annual increments to reach the goals outlined in (b) of this subsection.
(b) The performance improvement goals for assessments administered in the spring of 2027 shall be consistent with the goals outlined in the state consolidated plan. At a minimum schools and districts must include the following goals:
(i) Ninety percent of students eligible to be assessed meet standard on the required state assessments.
(ii) Graduation rate for all students, and each group of students referenced in WAC 180-105-020(2) shall be not less than ninety percent.
(iii) In the districts that administer the Washington English language proficiency assessment described in the Washington accountability plan approved by the U.S. Department of Education to adopt performance improvement goals using the federal requirements to determine the increase in the percentage of students making progress toward English language proficiency included in the Washington school improvement framework.
(c) Districts and schools shall establish goals for each of the Washington school improvement framework indicators as defined in WAC 180-105-040(7) for all students and each group of students referenced in WAC 180-105-020(2).
(2) School district boards of directors are authorized to adopt district-wide and school goals that exceed the minimum level required under this section. However, district-wide and school goals that exceed the minimum level required under this section shall not be used for federal or state accountability purposes.