WSR 19-04-096
PROPOSED RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed February 5, 2019, 12:36 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-22-104.
Title of Rule and Other Identifying Information: Required action district (RAD), WAC 392-501-707 through 392-501-740, proposed changes include moving these provisions to new chapter 392-503 WAC.
Hearing Location(s): On March 13, 2019, at 4:00 p.m., at South Puget Sound Community College (SPSCC) Event Center, Room 194, 4220 6th Avenue S.E., Lacey, WA 98503. This hearing will occur in conjunction with state board of education hearing also related to RADs.
Date of Intended Adoption: March 20, 2019.
Submit Written Comments to: Katherine Mahoney, Office of Superintendent of Public Instruction (OSPI), P.O. Box 47200, Olympia, WA 98504-7200, email Katherine.mahoney@k12.wa.us, by March 13, 2019.
Assistance for Persons with Disabilities: Contact Kristin Murphy, phone 360-725-6133, fax 360-754-4201, TTY 360-664-3631, email Kristin.murphy@k12.wa.us, by March 6, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of these proposed rules is to provide a process for: The identification and recommendation for the designation of school districts as RADs; recommending release from designation as a RAD; providing an option to extend RAD status for districts. The proposed rules would also make technical changes to the current rules, would recodify the rules in a new chapter of the WAC. OSPI is proposing these changes in collaboration with the state board of education, which also has rule-making authority regarding RADs.
Reasons Supporting Proposal: The RAD process and rules are intended to provide additional supports to school districts and schools with persistent challenges in demonstrating progress in improving outcomes for students. The RAD process was originally designed under the federal No Child Left Behind Act, which has since been reauthorized as the Every Child Succeeds Act (ESSA). Some changes to RAD are required to align the state-directed RAD process with the new federally required accountability framework. This rule making is occurring in collaboration and conjunction with the state board of education, which is proposing changes to rules also related to RADs.
Rule is not necessitated by federal law, federal or state court decision.
Name of Agency Personnel Responsible for Drafting: Katherine Mahoney, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, 360-725-6033; and Implementation: Tennille Jeffries-Simmons, Old Capitol Building, 600 Washington Street S.E., Olympia, WA, 360-725-6033.
A school district fiscal impact statement is not required under RCW
28A.305.135.
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:
Explanation of exemptions: No small business economic impact statement has been prepared under chapter
19.85 RCW. The proposed amendment does not have an impact on small business and therefore does not meet the requirements for a statement under RCW
19.85.030 (1) or (2).
February 5, 2019
Chris P. S. Reykdal
State Superintendent
of Public Instruction
REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 392-501-707 | Authority. |
WAC 392-501-710 | Purpose. |
WAC 392-501-715 | Definitions. |
WAC 392-501-720 | Process and criteria for identifying challenged schools in need of improvement. |
WAC 392-501-730 | Process and criteria for recommending to the state board of education school districts for required action. |
WAC 392-501-740 | Exit criteria for required action designation. |
Chapter 392-503 WAC
REQUIRED ACTION DISTRICTS
WAC 392-503-100Authority.
(1) Identify challenged schools in need of improvement and a subset of such schools that are the persistently lowest-achieving schools in the state;
(2) Recommend school districts for designation as required action districts to the state board of education; and
(3) Make recommendations to the state board of education regarding the release of school districts from being designated as a required action district.
WAC 392-503-110Purpose.
The purpose of this chapter is to:
(1) Adopt criteria, aligned with Washington's federally authorized accountability system, for identifying challenged schools in need of improvement and a subset of such schools that are the persistently lowest-achieving schools in the state;
(2) Establish criteria for recommending to the state board of education school districts for required action; and
(3) Establish exit criteria for districts that receive a required action designation.
WAC 392-503-120Definitions.
For the purposes of this chapter, the following definitions apply:
(1) "Challenged schools in need of improvement" are schools which have been identified for comprehensive supports through Washington's federally authorized accountability system.
(2) "Federally approved accountability plan" refers to the state plan submitted to and approved by the federal Department of Education under the Elementary and Secondary Education Act of 1965, as amended.
(3) "Persistently lowest achieving schools" are a subset of "challenged schools in need of improvement" and are characterized, among other things, as schools showing a lack of progress for all students and subgroups of students over a number of years.
(4) "Required action district" is a district with one or more schools identified as a persistently lowest achieving school, which is recommended by the superintendent of public instruction as a required action district and subsequently designated by the state board of education as a required action district.
(5) "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.
PERSISTENTLY LOWEST-ACHIEVING SCHOOLS
WAC 392-503-130Process and criteria for identifying persistently lowest achieving schools.
In February of every year, the superintendent of public instruction will identify challenged schools in need of improvement.
(1) Challenged schools in need of improvement shall be the same schools identified for comprehensive supports through the WSIF.
(2) A subset of these schools shall be identified as persistently lowest achieving schools. Schools identified as persistently lowest achieving schools will meet the following criteria:
(a) The school is a challenged school in need of improvement;
(b) The school is in the lowest decile for combined student growth as defined in the WSIF;
(c) The school is in the lowest decile for combined student proficiency as defined in the WSIF; and
(d) The school is located in a district that serves a significantly higher proportion than the state average of students in the student groups targeted by the superintendent of public instruction for the highest rates of annual improvement in English language arts and math proficiency, as described in the federally accepted Washington accountability plan.
(3) The superintendent of public instruction will prioritize persistently lowest achieving schools as follows:
(a) Identifying the percentage of schools identified for improvement through the WSIF within each persistently lowest achieving school's district;
(b) Ordering the list from the largest to the smallest percentage.
REQUIRED ACTION SCHOOL DISTRICTS
WAC 392-503-140Process and criteria for recommending to the state board of education school districts for required action.
(1) The superintendent of public instruction shall recommend to the state board of education school districts for designation as required action districts.
(2) The recommendations for designation of required action districts shall occur each year in March, or at a time mutually agreeable to the state board of education and the superintendent of public instruction.
(3) Only districts with one or more schools identified as a persistently lowest achieving school may be recommended as a required action district.
(4) The number of districts recommended for designation as a required action district will be based on:
(a) Prioritization, as described in WAC 392-503-130; and
(b) Availability of federal and state funds to meet the identified needs of the recommended districts.
WAC 392-503-150Exit criteria for required action designation—District option to extend designation.
(1) General. The superintendent of public instruction shall recommend to the state board of education that a school district be released from designation as a required action district after the district implements a required action plan for a period of three years if the district no longer has a school on the persistently lowest achieving list.
(2) Request for accelerated release.
(a) A school district may request that the superintendent of public instruction recommend an accelerated release from required action status if the district has met the following criteria:
(i) The district must be designated as a required action district for two years;
(ii) The district must operate no school that has been prioritized as a persistently lowest achieving school under WAC 392-503-130.
(b) The request must be made in writing and provided to the superintendent of public instruction by February of the second year after the district's designation as a required action district.
(3) Request to extend required action district designation.
(a) A school district meeting the requirements for release from required action designation may request that the superintendent of public instruction allow the district to continue under required action designation for another three-year cycle.
(b) The request must be made in writing and provided to the superintendent of public instruction by February of the third year after designation as a required action district.