WSR 17-17-168

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[Filed August 23, 2017, 10:22 a.m., effective August 23, 2017, 10:22 a.m.]

Effective Date of Rule: Immediately upon filing.

Purpose: Align the rules for the highly capable program to the statutory changes make [made] to the program by EHB 2242 (2017).

Citation of Rules Affected by this Order: Amending WAC 392-170-030, 392-170-045, 392-170-055, and 392-170-075.

Statutory Authority for Adoption: RCW 28A.185.050.

Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

Reasons for this Finding: Section 412 of EHB 2242 (2017) amended RCW 28A.185.020 to require that school district practices for identifying the most highly capable students must prioritize equitable identification of low-income students. These changes go into effect for the 2017-18 school year, which is when the new funding will start. State law therefore requires immediate adoption of the 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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 4, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: August 23, 2017.

Chris P. S. Reykdal

State Superintendent

of Public Instruction

AMENDATORY SECTION (Amending WSR 13-07-020, filed 3/12/13, effective 4/12/13)

WAC 392-170-030 Substance of annual school district plan.

The school district's annual plan shall contain the following:

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

(2) A description of the district's plan to identify students; consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students;

(3) 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 the highly capable program will provide;

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

(7) A description of how the highly capable program 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

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

AMENDATORY SECTION (Amending WSR 15-14-034, filed 6/23/15, effective 7/24/15)

WAC 392-170-045 Referral process for highly capable students.

Each school district shall establish written procedures for the referral of students to participate in programs for highly capable students. Such procedures shall permit referrals based on data or evidence from teachers, other staff, parents, students, and members of the community.

A district's referral 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.

Consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students.

AMENDATORY SECTION (Amending WSR 13-07-020, filed 3/12/13, effective 4/12/13)

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 392-170-045, shall be assessed by qualified district personnel;

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

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

(4) Consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students.

AMENDATORY SECTION (Amending WSR 15-14-034, filed 6/23/15, effective 7/24/15)

WAC 392-170-075 Selection of most highly capable.

Each school district's board of directors shall adopt a selection policy and school district shall establish written procedures for the selection of the most highly capable students by the multidisciplinary selection committee. Such policy and selection procedures:

(1) Shall 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; ((and))

(3) Shall be based on a selection system that determines which students are the most highly capable as defined under WAC 392-170-055, and other data collected in the assessment process; and

(4) Consistent with RCW 28A.185.020, district practices for identifying the most highly capable students must prioritize equitable identification of low-income students.