Chapter 28A.185 RCW

HIGHLY CAPABLE STUDENTS

Sections
ProgramDuties of superintendent of public instruction.
Funding.
ProgramsAuthority of local school districtsSelection of students.
Contracts with University of Washington for education of highly capable students at early entrance program or transition schoolAllocation of fundsRules.
Program review and monitoringReports to the legislatureRules.
Condensed compliance reportsSecond-class districts.


28A.185.010
Program—Duties of superintendent of public instruction.

Pursuant to rules adopted by the superintendent of public instruction for the administration of this chapter, the superintendent of public instruction shall carry out a program for highly capable students. Such program may include conducting, coordinating and aiding in research (including pilot programs), disseminating information to local school districts, providing statewide staff development, and allocating to school districts supplementary funds for additional costs of district programs, as provided by RCW 28A.150.260.
NOTES:
Effective date2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent2009 c 548: See RCW 28A.150.1981.
Finding2009 c 548: See note following RCW 28A.410.270.
IntentFinding2009 c 548: See note following RCW 28A.305.130.
Severability1984 c 278: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1984 c 278 § 24.]



28A.185.020
Funding.

*** CHANGE IN 2017 *** (SEE 2242.SL) ***

(1) The legislature finds that, for highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. There are multiple definitions of highly capable, from intellectual to academic to artistic. The research literature strongly supports using multiple criteria to identify highly capable students, and therefore, the legislature does not intend to prescribe a single method. Instead, the legislature intends to allocate funding based on two and three hundred fourteen one-thousandths percent of each school district's population and authorize school districts to identify through the use of multiple, objective criteria those students most highly capable and eligible to receive accelerated learning and enhanced instruction in the program offered by the district. Access to accelerated learning and enhanced instruction through the program for highly capable students does not constitute an individual entitlement for any particular student.
(2) Supplementary funds provided by the state for the program for highly capable students under RCW 28A.150.260 shall be categorical funding to provide services to highly capable students as determined by a school district under RCW 28A.185.030.
NOTES:
Effective date2009 c 548 §§ 101-110 and 701-710: See note following RCW 28A.150.200.
Intent2009 c 548: See RCW 28A.150.1981.
Finding2009 c 548: See note following RCW 28A.410.270.
IntentFinding2009 c 548: See note following RCW 28A.305.130.
Severability1984 c 278: See note following RCW 28A.185.010.



28A.185.030
Programs—Authority of local school districts—Selection of students.

Local school districts may establish and operate, either separately or jointly, programs for highly capable students. Such authority shall include the right to employ and pay special instructors and to operate such programs jointly with a public institution of higher education. Local school districts which establish and operate programs for highly capable students shall adopt identification procedures and provide educational opportunities as follows:
(1) In accordance with rules adopted by the superintendent of public instruction, school districts shall implement procedures for nomination, assessment and selection of their most highly capable students. Nominations shall be based upon data from teachers, other staff, parents, students, and members of the community. Assessment shall be based upon a review of each student's capability as shown by multiple criteria intended to reveal, from a wide variety of sources and data, each student's unique needs and capabilities. Selection shall be made by a broadly based committee of professionals, after consideration of the results of the multiple criteria assessment.
(2) When a student, who is a child of a military family in transition, has been assessed or enrolled as highly capable by a sending school, the receiving school shall initially honor placement of the student into a like program.
(a) The receiving school shall determine whether the district's program is a like program when compared to the sending school's program; and
(b) The receiving school may conduct subsequent assessments to determine appropriate placement and continued enrollment in the program.
(3) Students selected pursuant to procedures outlined in this section shall be provided, to the extent feasible, an educational opportunity which takes into account each student's unique needs and capabilities and the limits of the resources and program options available to the district, including those options which can be developed or provided by using funds allocated by the superintendent of public instruction for that purpose.
(4) The definitions in Article II of RCW 28A.705.010 apply to subsection (2) of this section.
NOTES:
Severability1984 c 278: See note following RCW 28A.185.010.



28A.185.040
Contracts with University of Washington for education of highly capable students at early entrance program or transition school—Allocation of funds—Rules.

(1) The superintendent of public instruction shall contract with the University of Washington for the education of highly capable students below eighteen years of age who are admitted or enrolled at such early entrance program or transition school as are now or hereafter established and maintained by the University of Washington.
(2) The superintendent of public instruction shall allocate directly to the University of Washington all of the state basic education allocation moneys, state categorical moneys excepting categorical moneys provided for the highly capable students program under RCW 28A.185.010 through 28A.185.030, and federal moneys generated by a student while attending an early entrance program or transition school at the University of Washington. The allocations shall be according to each student's school district of residence. The expenditure of such moneys shall be limited to selection of students, precollege instruction, special advising, and related activities necessary for the support of students while attending a transition school or early entrance program at the University of Washington. Such allocations may be supplemented with such additional payments by other parties as necessary to cover the actual and full costs of such instruction and other activities.
(3) The provisions of subsections (1) and (2) of this section shall apply during the first three years a student is attending a transition school or early entrance program at the University of Washington or through the academic school year in which the student turns eighteen, whichever occurs first. No more than thirty students shall be admitted and enrolled in the transition school at the University of Washington in any one year.
(4) The superintendent of public instruction shall adopt or amend rules pursuant to chapter 34.05 RCW implementing subsection (2) of this section before August 31, 1989.
NOTES:
Intent1994 c 166; 1987 c 518: See note following RCW 43.215.425.
Severability1987 c 518: See note following RCW 43.215.425.



28A.185.050
Program review and monitoring—Reports to the legislature—Rules.

In order to ensure that school districts are meeting the requirements of an approved program for highly capable students, the superintendent of public instruction shall monitor highly capable programs at least once every five years. Monitoring shall begin during the 2002-03 school year.
Any program review and monitoring under this section may be conducted concurrently with other program reviews and monitoring conducted by the office of the superintendent of public instruction. In its review, the office shall monitor program components that include but need not be limited to the process used by the district to identify and reach out to highly capable students with diverse talents and from diverse backgrounds, assessment data and other indicators to determine how well the district is meeting the academic needs of highly capable students, and district expenditures used to enrich or expand opportunities for these students.
Beginning June 30, 2003, and every five years thereafter, the office of the superintendent of public instruction shall submit a report to the education committees of the house of representatives and the senate that provides a brief description of the various instructional programs offered to highly capable students.
The superintendent of public instruction may adopt rules under chapter 34.05 RCW to implement this section.



28A.185.060
Condensed compliance reports—Second-class districts.

Any compliance reporting requirements as a result of laws in this chapter that apply to second-class districts may be submitted in accordance with RCW 28A.330.250.
NOTES:
Conflict with federal requirements2011 c 45: See note following RCW 28A.330.250.
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