[Filed December 17, 2019, 11:17 a.m., effective December 17, 2019, 11:17 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: The purpose of this emergency rule is to provide funding parameters to school districts that choose to be early adopters of the early screening of dyslexia (E2SSB 6162) starting in SY 2019-20.

Citation of Rules Affected by this Order: New WAC 392-162-120.

Statutory Authority for Adoption: RCW 28A.300.730.

Other Authority: RCW 28A.165.035.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Immediate adoption of this rule is necessary to provide direction and guidance to school districts before the start of the 2019-2020 school year regarding the allowable expenditure of learning assistance program funds for early screening of dyslexia. The rule is necessary to ensure that school districts maintain support for other academic initiatives for the betterment of all students in the district. Office of superintendent of public instruction intends to file a preproposal statement of inquiry to initiate rule making adopting this amendment as a permanent 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 1, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: December 16, 2019.

State Superintendent

of Public Instruction

WAC 392-162-120Early implementation of K–2 literacy screening requirements—Use of funds.

(1) Definitions. As used in this section the terms:

(a) "Literacy interventions" means services and activities under RCW 28A.165.035(1) and 28A.320.260(3) to support students in kindergarten through second grade who show indications of below grade level literacy development or indications of, or areas of weakness associated with, dyslexia.

(b) "Literacy screening tool" means one of the literacy screening tools identified and approved by the dyslexia advisory council and the office of superintendent of public instruction in accordance with RCW 28A.300.700.

(2) Early implementation. A school district that chooses to implement the screening and intervention requirements under RCW 28A.320.260 prior to the beginning of the 2021–22 school year may use the district's learning assistance program base allocation under WAC 392-122-605 (2)(a) to fund:

(a) The purchase of a literacy screening tool as defined under this section; and

(b) Literacy interventions as defined under this section.

(3) Reporting. A school district that chooses to expend learning assistance program funds as permitted under this section must submit data according to specifications established by the office of the superintendent of public instruction in accordance with RCW 28A.165.100.