[Filed July 24, 2018, 12:08 p.m., effective July 24, 2018, 12:08 p.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this emergency rule is to align the rules for the highly capable program to the statutory changes made to the program by E2SSB 6362 (2018).

Citation of Rules Affected by this Order: New WAC 392-170-083; and amending WAC 392-170-055.

Statutory Authority for Adoption: RCW 28A.185.030, 28A.185.050.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Section 105 of E2SSB 6362 (2018) amended chapter 28A.300 RCW to require that school district practices for identifying the most highly capable student must comply with additional criteria regarding multiple pathways for qualification, use of local norms for assessments, use of subjective measures, and use of assessments in native language of the student. These changes go into effect for the 2018-19 school year. This requires immediate adoption of the rule.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 1, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: July 24, 2018.

State Superintendent

of Public Instruction

AMENDATORY SECTION(Amending WSR 18-03-012, filed 1/5/18, effective 2/5/18)

WAC 392-170-055Assessment process for selection as highly capable student.

(1) The superintendent of public instruction must require school districts to have identification procedures for their highly capable programs that are clearly stated and implemented by school districts using the following criteria:

(a) Districts must use multiple objective criteria to identify students who are among the most highly capable. Multiple pathways for qualifications must be available and no single criterion may disqualify a student from identification;

(b) Highly capable selection decisions must be based on consideration of criteria benchmarked on local norms, but local norms may not be used as a more restrictive criteria than national norms at the same percentile;

(c) Subjective measures such as teacher recommendations or report card grades may not be used to screen out a student from assessment. These data points may be used alongside other criteria during selection to support identification, but may not be used to disqualify a student from being identified; and

(d) To the extent practicable, screening and assessments must be given in the native language of the student. If native language screening and assessments are not available, a nonverbal screening and assessment must be used.

(2) Students nominated for selection as a highly capable student, unless eliminated through screening as provided in WAC 392-170-045, shall be assessed by qualified district personnel;

(((2))) (3) Districts shall use multiple objective criteria for identification of students who are among the most highly capable. There is no single prescribed method for identification of students among the most highly capable;

(((3))) (4) Districts shall have a clearly defined and written assessment process; and

(((4))) (5) Consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students.

WAC 392-170-083Guidance aligned with evidence-based practices.

The superintendent of public instruction must disseminate guidance on best practices for highly capable programs that includes: Referral, screening, assessment, selection, and placement. The guidance must be regularly updated and aligned with evidence-based practices.