12-20-012

WSR 12-20-012

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 24, 2012, 9:51 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-15-009.

     Title of Rule and Other Identifying Information: Chapter 392-170 WAC, Special service program -- Highly capable students.

     Hearing Location(s): Office of Superintendent of Public Instruction (OSPI), Old Capitol Building, Brouillet Conference, 600 South Washington, Olympia, WA 98504-7200, on November 28, 2012, at 1:00 p.m.

     Date of Intended Adoption: November 28, 2012.

     Submit Written Comments to: Gayle Pauley, Director, OSPI, Special Programs and Federal Accountability, P.O. Box 47200, Olympia, WA 98504-7200, e-mail [e-mail], fax [phone], by November 19, 2012.

     Assistance for Persons with Disabilities: Contact Wanda Griffin by November 19, 2012, TTY [phone] or [phone].

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Chapter 392-170 WAC has been revised to reflect the state legislation changes to chapter 28A.185 RCW. Sections were changed to reflect that highly capable programs and services are for the education of K-12 students through a state appropriation as part of basic education. Technical corrections and formatting changes have been made to clarify definitions and to revise sections to comply with chapter 28A.185 RCW, and to repeal sections that are no longer applicable under chapter 28A.185 RCW.

     Changes were made to reflect that highly capable programs and services are for highly capable students in kindergarten through twelfth grade, and that districts complete an annual plan for the district's highly capable to receive the funding appropriation. Sections were changed to clarify school district annual plan content, identification procedures, parent permission, and end-of-year report content. A new section was added which requires an appeal process.

     Statutory Authority for Adoption: Chapter 28A.185 RCW, Highly capable students.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [OSPI], governmental.

     Name of Agency Personnel Responsible for Drafting and Implementation: Gayle Pauley, OSPI, special programs and federal accountability, [phone]; and Enforcement: Bob Harmon, OSPI, special programs and federal accountability, [phone].

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Was not applicable.

     A cost-benefit analysis is not required under RCW 34.05.328. Was not applicable.

September 24, 2012

Randy Dorn

Superintendent of

Public Instruction

OTS-4876.3

AMENDATORY SECTION(Amending Order 18, filed 7/19/90, effective 8/19/90)

WAC 392-170-005   Authority.   The authority for this chapter is ((chapter 28A.185)) RCW(( -- )) 28A.150.290, 28A.185.030, and 28A.185.050, which authorize((s)) the superintendent of public instruction to adopt rules and regulations for the administration of a program for highly capable students in kindergarten through twelfth grade, including the nomination, assessment, and selection of such students.

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), § 392-170-005, filed 7/19/90, effective 8/19/90. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-005, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-010   Purpose.   The purpose of this chapter is to establish policies and procedures for administration of ((a)) programs and services for the education of K-12 students who are highly capable.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-010, filed 6/28/84.]

NEW SECTION
WAC 392-170-012   Funds.   For highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. School districts may access basic education funds and highly capable categorical funds to provide appropriate highly capable student programs and services.

[]

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-020   District ((application)) plans for the district's highly capable program.   Each district ((that seeks an allocation of state funds for a program for highly capable students)) shall submit an annual ((application)) plan for the district's highly capable program on forms provided by the superintendent of public instruction for approval.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-020, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-025   Board approval.   The district's ((annual application)) plan for students who are highly capable shall be annually approved by formal action of the district's board of directors.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-025, filed 6/28/84.]

AMENDATORY SECTION(Amending WSR 06-18-105, filed 9/6/06, effective 10/7/06)

WAC 392-170-030   Substance of annual school district ((application)) plan.   The school district's annual ((application)) plan shall contain the following:

     (1) A report of the number of K-12 students ((to be served)) who are highly capable that the district expects to serve by grade level;

     (2) ((Brief)) A description of the district's plan to identify students;

     (3) ((Program services)) A description of the highly capable program goals;

     (4) A description of the services the highly capable program will offer;

     (5) A description of the instructional program ((description)) the highly capable program will provide;

     (((5))) (6) A description of ongoing professional development for educators of students who are highly capable and general education staff;

     (((6))) (7) A description of how the highly capable program ((evaluation and)) will be evaluated that includes information on how the district's highly capable program goals and student achievement outcomes will be measured;

     (8) A fiscal report; and

     (((7))) (9) Assurances signed by the school district's authorized representative that the district ((shall)) will comply with all applicable statutes and regulations.

[Statutory Authority: RCW 28A.300.070. 06-18-105, § 392-170-030, filed 9/6/06, effective 10/7/06. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-030, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 98-07, filed 5/20/98, effective 6/20/98)

WAC 392-170-035   Definition -- ((Highly capable)) Students who are highly capable.   ((As used in this chapter, the term highly capable student shall mean a student who has been assessed to have superior intellectual ability as demonstrated by one or more of the multiple criteria specified in WAC 392-170-040.

     These students exhibit high capability in intellectual and/or creative areas, possess an unusual leadership capacity, or excel in specific academic fields, thereby requiring services beyond the basic programs provided by schools. Outstanding abilities are present in students from all cultural groups, across all economic strata, and in all areas of human endeavor.)) As used in this chapter, the term students who are highly capable means that students who are highly capable perform or show potential for performing at significantly advanced academic levels when compared with others of their age, experiences, or environments. Outstanding abilities are seen within students' general intellectual aptitudes, specific academic abilities, and/or creative productivities within a specific domain. These students are present not only in the general populace, but are present within all protected classes according to chapters 28A.640 and 28A.642 RCW.

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-035, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-035, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 98-07, filed 5/20/98, effective 6/20/98)

WAC 392-170-036   Definition -- ((Unique needs)) Learning characteristics.   As used in this chapter, the term ((unique needs shall)) learning characteristics means that ((identified)) students who are highly capable ((students generally)) may possess, but are not limited to, these learning characteristics:

     (1) Capacity to learn with unusual depth of understanding, to retain what has been learned, and to transfer learning to new situations;

     (2) Capacity and willingness to deal with increasing levels of abstraction and complexity earlier than their chronological peers;

     (3) Creative ability to make unusual connections among ideas and concepts;

     (4) Ability to learn ((very)) quickly in their area(s) of intellectual strength; and

     (5) Capacity for intense concentration and/or focus.

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-036, filed 5/20/98, effective 6/20/98.]

AMENDATORY SECTION(Amending Order 98-07, filed 5/20/98, effective 6/20/98)

WAC 392-170-038   Definition -- Special teacher.   As used in this chapter, a special teacher is a teacher ((with experience and/or training in the education of highly capable students)) who has training, experience, advanced skills, and knowledge in the education of highly capable students. Areas of ((training)) competence should include knowledge of the following: Identification procedures, academic, social and emotional characteristics, program design and delivery, instructional practices, student assessment, and program evaluation.

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-038, filed 5/20/98, effective 6/20/98.]

AMENDATORY SECTION(Amending Order 98-07, filed 5/20/98, effective 6/20/98)

WAC 392-170-042   Annual notification.   Annual public notification of parents and students ((must)) shall be made before any major identification activity. The notice ((must)) shall be published or announced in ((school publications, newspapers, and/or other media)) multiple ways in appropriate languages to each community in school and district publications or other media, with circulation adequate to notify parents and students throughout the district.

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-042, filed 5/20/98, effective 6/20/98.]

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-045   Nomination process for highly capable students.   Each school district shall adopt procedures for the nomination of students to participate in programs for highly capable students. Such procedures shall permit ((nominations from any source, including)) referrals based on data or evidence from teachers, other staff, parents, students, and members of the community.

     A district's nomination procedure for students who are highly capable may include screening procedures to eliminate students who, based on clear, current evidence, do not qualify for eligibility under WAC 392-170-055.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-045, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 98-07, filed 5/20/98, effective 6/20/98)

WAC 392-170-047   Parental/legal guardian permission.   Parental permission ((must)) shall be obtained in writing before:

     (1) Conducting assessment(s) to determine eligibility for participation in programs for highly capable students((.));

     (2) ((Providing initial)) Placement in the district's highly capable program before any special services and programs ((to)) are started for an identified highly capable student((.));

     Parental permission notice shall include:

     (a) A full explanation of the procedures for identification ((and program options.)) of a student for entrance into the highly capable program;

     (b) An explanation of the ((appeal)) appeal's process;

     (c) An explanation of the procedures to exit a student from the program; and

     (d) Information on the district's program and the options that will be available to identified students.

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-047, filed 5/20/98, effective 6/20/98.]

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-055   Assessment process for selection as highly capable student.   (1) Students nominated for selection as a highly capable student((, unless eliminated through screening as provided in WAC 392-170-050,)) shall be assessed by qualified district personnel ((using a minimum of one measure for each of the multiple criteria in WAC 392-170-040. In order to be considered for final selection as among the most highly capable by the multidisciplinary selection committee following assessment, there shall exist evidence of one or more of the following characteristics:

     (1) Evidence that the student scores in the top ten percent in cognitive ability as demonstrated by a standardized ability test;

     (2) Evidence that the student scores in the top five percent in one or more specific academic achievement area; and/or

     (3) Evidence that the student demonstrates behavioral characteristics for exceptional creativity));

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

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

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-055, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-060   Nondiscrimination in the use of tests.   All tests and other evaluation materials used in the assessment shall have been validated for the specific purpose for which they are used and shall accurately reflect whatever factors the tests purport to measure. If properly validated tests are not available, the professional judgment of the qualified district personnel shall determine eligibility of the student based upon ((other)) evidence of cognitive ability and/or academic achievement. This professional judgment shall be documented in writing.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-060, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-070   Multidisciplinary selection committee.   The multidisciplinary selection committee for the final selection of the most highly capable students for participation in the district's program for highly capable students shall consist of the following professionals:

     (1) A ((classroom)) special teacher ((with training and experience in teaching highly capable students)): Provided, that if ((such)) a ((classroom)) special teacher is not available, a classroom teacher shall be appointed;

     (2) A psychologist or other qualified practitioner with the training to interpret cognitive and achievement test results;

     (3) A ((district administrator)) certificated coordinator/administrator with responsibility for the supervision of the district's program for highly capable students; and

     (4) Such additional professionals, if any, the district deems desirable.

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-070, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 84-20, filed 6/28/84)

WAC 392-170-075   Selection of most highly capable.   Each school district's board of directors shall adopt policies and procedures for the selection of the most highly capable students by the multidisciplinary selection committee. Such policies and selection procedures:

     (1) Shall ((be consistent with the state board of education's prohibition against unlawful discrimination as defined in WAC 180-40-215(1))) not violate federal and state civil rights laws, including, without limitation, chapters 28A.640 and 28A.642 RCW;

     (2) Shall be based on professional judgment as to which students will benefit the most from inclusion in the district's program((, including such additional factors as the student's desire to be included in the program options provided by the district)); and

     (3) Shall be based on a selection system that determines which students are the most highly capable ((and which considers the multiple criteria in WAC 392-170-040, the assessment criteria in)) as defined under WAC 392-170-055, and other data collected in the assessment process((: Provided, That for students whose cognitive ability score or achievement test results are not available for inclusion in the assessment because of the provision of WAC 392-170-060, the final selection ranking system shall provide an equal opportunity for such students to be included as most highly capable in spite of the fact that one or more of these scores were not available for inclusion in the assessment of such students)).

[Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-075, filed 6/28/84.]

NEW SECTION
WAC 392-170-076   Process for appeal.   Each district shall adopt a procedure for appealing the multidisciplinary selection committee's decision and disseminate this procedure to the public.

[]

AMENDATORY SECTION(Amending WSR 06-18-105, filed 9/6/06, effective 10/7/06)

WAC 392-170-078   Program services.   ((Education program plans for each identified highly capable student or plans for a group of students with similar academic abilities shall be developed based on the results of the assessed academic need of that student or group of students.)) Districts shall make a variety of appropriate program services ((shall be made)) available to students who participate in the district's program for highly capable students. Once services are started, a continuum of services shall be provided ((and may include kindergarten through twelfth grade)) to the student from K-12. Districts shall periodically review services for each student to ensure that the services are appropriate.

[Statutory Authority: RCW 28A.300.070. 06-18-105, § 392-170-078, filed 9/6/06, effective 10/7/06. Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-078, filed 5/20/98, effective 6/20/98.]

AMENDATORY SECTION(Amending Order 98-07, filed 5/20/98, effective 6/20/98)

WAC 392-170-080   Educational program for highly capable students.   Each student identified as a highly capable student shall be provided educational opportunities which take into account such ((students')) student's unique needs and capabilities. ((Such program shall recognize the limits of the resources provided by the state and the program options available to the district, including programs in adjoining districts and public institutions of higher education.)) Districts shall keep on file a description of the educational programs and services provided for ((each)) students selected.

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-080, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-080, filed 6/28/84.]

AMENDATORY SECTION(Amending Order 98-07, filed 5/20/98, effective 6/20/98)

WAC 392-170-090   End of year report.   Districts shall submit to the superintendent of public instruction at the close of each fiscal year an end of the year report on forms provided by the superintendent of public instruction which includes:

     (1) Number of students served by grade level((, the ethnicity and gender of such students, and program(s) provided for these students)) (K-12);

     (2) Student demographic information;

     (3) Data to determine if students who are highly capable met the goals set and if the services provided met the academic needs of these students;

     (4) Number and content of professional development activities provided for special teachers and general education staff;

     (5) Program evaluation data and, if needed, program changes that will be made based upon this information; and

     (6) Final fiscal report that reports on activities and staff funded by this program.

[Statutory Authority: Chapter 28A.185 RCW. 98-12-002 (Order 98-07), § 392-170-090, filed 5/20/98, effective 6/20/98. Statutory Authority: Chapter 28A.16 RCW. 84-14-037 (Order 84-20), § 392-170-090, filed 6/28/84.]

REPEALER

     The following sections of the Washington Administrative Code are repealed:

WAC 392-170-015	Local option.
WAC 392-170-037	Definition -- Program options.
WAC 392-170-040	Multiple criteria for determination of superior intellectual ability -- Definitions.
WAC 392-170-050	Screening of nominees.
WAC 392-170-065	Nondiscrimination in the review of testing results.
WAC 392-170-085     Notification of parents.