WSR 25-14-016
PERMANENT RULES
SUPERINTENDENT OF
PUBLIC INSTRUCTION
[Filed June 24, 2025, 9:21 a.m., effective July 25, 2025]
Effective Date of Rule: Thirty-one days after filing.
Purpose: The office of superintendent of public instruction (OSPI) is adopting rule making concerning the seal of biliteracy (the seal) to align with HB [3SHB] 1228 (2024), recognize additional proficiency scales, and create multiple levels of the seal. This would put Washington state on par with other states, which have multitiered seal programs. Currently, the proficiency level to earn the seal is ACTFL intermediate mid. With dual language education programs producing students with higher levels of proficiency, a multi-level seal would motivate students to continue language learning beyond intermediate mid. A multitiered seal would also encourage students to take additional languages after the requirements for the first language are met.
Citation of Rules Affected by this Order: Amending WAC 392-410-350.
Statutory Authority for Adoption: RCW 28A.300.575.
Adopted under notice filed as WSR 25-07-022 on March 10, 2025.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: June 24, 2025.
Chris P.S. Reykdal
State Superintendent of Public Instruction
RDS-6216.1
AMENDATORY SECTION(Amending WSR 22-05-033, filed 2/7/22, effective 3/10/22)
WAC 392-410-350Seal of biliteracy.
(1) Graduating high school students must meet the following criteria to be awarded ((the))a Washington state seal of biliteracy:
(a) Students must earn a Washington state high school diploma from a public school, public charter school, or state tribal education compact school;
(b) Students must demonstrate proficiency in English by meeting the statewide minimum graduation requirements in English in compliance with RCW 28A.655.250; and
(((b)))(c) Students must demonstrate proficiency in one or more languages other than English, comprising world languages, ((which includes))tribal languages, and heritage ((and tribal)) languages, by ((one of the following))earning either an intermediate award or an advanced award:
(i) Intermediate award. Students must meet one of the following in order to earn an intermediate award:
(A) Demonstrating intermediate-mid level proficiency or higher on all components in the world language ((based on))corresponding to the American Council on the Teaching of Foreign Languages (ACTFL) proficiency guidelines, a B1.1 or higher on the Common European Framework of Reference for Language (CEFR), or a 1+ on the Interagency Language Roundtable (ILR) skill level descriptions, using a national or international assessment approved by the office of the superintendent of public instruction; ((or
(ii)))(B) Earning four competency-based credits in one language other than English according to the school district's policy and procedure for competency-based credits for world languages; ((or
(iii)))(C) Demonstrating intermediate proficiency or equivalent in tribal ((or Native American)) languages; ((or
(iv)))(D) Demonstrating intermediate-mid ((proficiency in))or equivalent on an American Sign Language (ASL) proficiency assessment; ((or
(v)))(E) Passing an International Baccalaureate examination with a score of four or ((higher))five; or
(((vi)))(F) Passing a world language and culture Advanced Placement examination with a score of three or ((higher))four.
(ii) Advanced award. Students must meet one of the following in order to achieve an advanced award:
(A) Demonstrating advanced-low level proficiency or higher on all components in the world language corresponding to the ACTFL proficiency guidelines, a B2.1 or higher on the CEFR scale, or a two on the ILR using a national or international assessment approved by OSPI;
(B) Earning four competency-based credits or intermediate-mid proficiency under (c)(i) of this subsection in two or more languages other than English according to the school district's policy and procedure for competency-based credits;
(C) Earning four credits of dual language arts in one language;
(D) Demonstrating advanced proficiency or equivalent in tribal languages;
(E) Demonstrating advanced-low or equivalent on an American Sign Language assessment;
(F) Passing an International Baccalaureate examination with a score of six or higher or completing two Language A requirements; or
(G) Passing a world language and culture Advanced Placement examination with a score of five or world language and literature with a score of three.
(2) Proficiency in tribal ((or Native American)) languages under subsection (1)(((b)(iii)))(c)(i)(C) of this section is determined by the sovereign tribal government.
(a) Students of ((Native American))tribal languages spoken by Washington's ((29)) federally recognized tribes must be assessed by a first peoples' first language, culture, and oral traditions certified educator under WAC 181-78A-700 and 181-79A-140.
(b) For ((Native and)) tribal languages that are outside of Washington's ((29)) federally recognized tribes, consult the office of native education within the office of superintendent of public instruction.
(3) All earned seals of biliteracy must be reported by the final Friday of August every year.