WSR 17-23-177 PROPOSED RULES STATE BOARD OF EDUCATION [Filed November 21, 2017, 1:59 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR [16-20-019 on] September 26, 2016.
Title of Rule and Other Identifying Information: The following sections of chapter 180-105 WAC, Performance improvement goals, WAC 180-105-020 Reading and mathematics and 180-105-060 High school graduation.
Hearing Location(s): On January 10, 2018, at 11:45 a.m., at 6500 Tyee Drive S.W., Tumwater, WA 98501.
Date of Intended Adoption: January 11, 2018.
Submit Written Comments to: Andrew J. Parr, 600 Washington Street S.E., Olympia, WA 98504, email andrew.parr@k12.wa.us, fax 360-586-2357, by January 5, 2018.
Assistance for Persons with Disabilities: Contact Tami Jensen, phone 360-725-4475, fax 360-586-2357, email tami.jensen@k12.wa.us, by January 3, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposal is to make various amendments to two sections of chapter 180-105 WAC, Performance improvement goals, to align district and school improvement goals to long-term goals described in the Washington Every Student Succeeds Act (ESSA) state accountability plan. The proposed amendments also make certain technical corrections to this chapter.
Reasons Supporting Proposal: The need to ensure that chapter 180-105 WAC, Performance improvement goals, is consistent in language and provisions with chapter 28A.305 RCW.
Statutory Authority for Adoption: Chapter 28A.305 RCW.
Statute Being Implemented: Chapter 28A.305 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: State board of education, governmental.
Name of Agency Personnel Responsible for Drafting: Andrew J. Parr, 600 Washington Street S.E., Olympia, WA 98504, 360-725-6063; Implementation and Enforcement: Executive Director - TBD, 600 Washington Street S.E., Olympia, WA 98504, 360-725-6024.
A school district fiscal impact statement has been prepared RCW 28A.305.135.
SCHOOL DISTRICT FISCAL IMPACT STATEMENT
Part I: Estimates: The office of the superintendent of public instruction (OSPI) estimates total statewide cost[s] of $2,691,500. OSPI assumes that eighty percent or $2,153,200 of these expenditures would be incurred in fiscal year 2018 and twenty percent or $538,300 in fiscal year 2019.
Estimated Cash Receipts to: No estimated cash receipts.
Estimated Expenditures From:
Estimated Capital Impact: No estimated capital impact.
Check applicable boxes and follow corresponding instructions: If fiscal impact is greater than $50,000 per fiscal year in the current biennium or in subsequent biennia, complete entire fiscal note from Parts I-IV.
Part II: Narrative Explanation:
II. A – Brief Description Of What the Measure Does That Has Fiscal Impact: Briefly describe by section, the significant provisions of the rule, and any related workload or policy assumptions, that have revenue or expenditure impact on the responding agency.
In order to reset graduation goals, districts would need to hold meetings with their high school building leadership teams, school boards, and offer community engagement and education.
II. B – Cash Receipts Impact: Briefly describe and quantify the cash receipts impact of the rule on the responding agency, identifying the cash receipts provisions by section number and when appropriate the detail of the revenue sources. Briefly describe the factual basis of the assumptions and the method by which the cash receipts impact is derived. Explain how workload assumptions translate into estimates. Distinguish between one time and ongoing functions.
None.
II. C – Expenditures: Briefly describe the agency expenditures necessary to implement this rule (or savings resulting from this rule), identifying by section number the provisions of the rule that result in the expenditures (or savings). Briefly describe the factual basis of the assumptions and the method by which the expenditure impact is derived. Explain how workload assumptions translate into cost estimates. Distinguish between one time and ongoing functions.
It is estimated that on average, districts would spend twenty hours with each of their high school leadership teams, twenty hours on providing materials and feedback to their school boards on the change, and sixty hours on community engagement and answering questions from parents on the scope of the changes. School year 2016-17 data shows six hundred thirty high schools in the state times twenty hours each equals twelve thousand six hundred aggregate hours at the school level. Since not all districts operate high schools, the estimate is based on the assumption that two hundred eighty districts would spend a combined twenty hours on materials for their school boards, plus an additional sixty hours on community service for an aggregate total of twenty-two thousand four hundred hours (280 * (20+60)). These costs would be at the statewide average for certificated administrative staff, and would be one-time costs split between the 2018 and 2019 state fiscal years since the deadline for school board adoption is December 2018. The statewide average school district rate for a CAS staff member for the 2017-18 school year is estimated at $149,000 in salary and mandated benefits, or approximately $76.90 per hour. The aggregate amount of time spent in the description above is thirty-five thousand hours (12,600 + 22,400) for a total statewide cost of $2,691,500 equal to 35,000*$76.90. OSPI assumes that eighty percent or $2,153,200 of these expenditures would be incurred in fiscal year 2018 and twenty percent or $538,300 in fiscal year 2019.
Part III: Expenditure Detail:
III. A – Expenditures by Object or Purpose:
All school district expenditures would be for additional salary and fringe benefits.
Part IV: Capital Budget Impact: None.
A copy of the statement may be obtained by contacting Thomas J. Kelly, Room 433, 600 Washington Street S.E., Olympia, WA 98504, phone 360-725-6301.
A cost-benefit analysis is not required under RCW 34.05.328.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
Is exempt under RCW 34.05.310 (4)(e).
Explanation of exemptions: Chapter 28A.305 RCW, Performance improvement goals, requires the alignment of district and school improvement goals to long-term goals described in ESSA state accountability plan.
November 21, 2017
Debra Merle
Interim Executive Director
AMENDATORY SECTION (Amending WSR 07-07-052, filed 3/14/07, effective 4/14/07)
WAC 180-105-020 Reading and mathematics.
(1) Each school district board of directors shall by December 15, ((2003)) 2018:
(a) Adopt district-wide performance improvement goals using the federal requirements to determine the increase in the percentage of students who meet or exceed the standard on the ((Washington assessment of student learning)) current statewide assessment for reading or English language arts and mathematics in grades ((four, seven,)) three through eight and ten; and
(b) Direct each school in the district that administers the ((Washington assessment of student learning)) current statewide assessment for grades ((four, seven,)) three through eight or ten to adopt performance improvement goals using the federal requirements to determine the increase in the percentage of students meeting the standard for its ((fourth, seventh, or)) third through eighth and tenth grade students in reading or English language arts and mathematics.
(2) School districts and schools shall establish separate district-wide and school reading or English language arts and mathematics improvement goals using the federal requirements to determine the increase in requirements under subsection (1) of this section for each of the following groups of students:
(a) All students;
(b) Students of each major racial and ethnic group;
(c) Economically disadvantaged students;
(d) Students with disabilities; and
(e) Students with limited English proficiency.
(3) School districts and schools are not required to publish numerical improvement goals in a grade level for reading or English language arts and mathematics for ((2004)) 2018 or in any year thereafter for any student group identified in subsection (2) of this section in which there were fewer than ten students eligible to be assessed on the ((Washington assessment of student learning)) current statewide assessment in the prior year. However, this subsection shall not be construed to affect WAC 180-16-220 (2)(b) or any other requirements for school and school district improvement plans.
(4) Annual performance improvement goals for both school districts and schools shall be determined:
(a) By using the starting point and annual goals established using the federal requirements for determining starting points in the ((2003)) Washington State ((No Child Left Behind (NCLB))) Every Student Succeeds Act (ESSA) Accountability Plan approved by the U.S. Department of Education.
(b) ((If the performance improvement goals established by using the federal requirements to determine the increase for assessments administered in the spring of 2003 and each year thereafter through and including assessments administered in the spring of 2013 are not met, but the other indicator is met [the other indicator for high schools is the graduation goal (WAC 180-105-040(4)) and the other indicator for elementary and middle schools is the unexcused absences goal (Washington State Accountability System under NCLB 2001)] then a substitute calculation may be made. That substitute calculation representing satisfactory progress shall not be less than the sum of:
(i) The percentage of students meeting standard on the assessments administered in the spring of the preceding year for the relevant student group, grade level and subject; and
(ii) The percentage of students who did not meet standard on the assessments administered in the spring of the preceding year for the relevant student group, grade level and subject, multiplied by ten percent.
(c))) The performance improvement goals for assessments administered in the spring of ((2014)) 2027 shall be that ninety percent of all students eligible to be assessed meet standard on the ((Washington assessment of student learning)) current statewide assessment.
(5) School districts and schools shall be deemed to have met the performance improvement goals established pursuant to this chapter if the school district or school achieves the ((minimum)) improvement goal required under subsection (4) of this section((, even if the school district or school does not achieve the performance improvement goals established by using the federal requirements to determine the increase)).
(6) No performance improvement goal for a group in a subject and grade established pursuant to this section shall be used for state or federal accountability purposes if fewer than ((thirty)) twenty students in the group for a subject and grade are eligible to be assessed on the ((Washington assessment of student learning)) current statewide assessment.
AMENDATORY SECTION (Amending WSR 07-07-052, filed 3/14/07, effective 4/14/07)
WAC 180-105-060 High school graduation.
(1) Each school district board of directors shall by December 15, ((2005)) 2018, revise district-wide graduation rate goals for ((2006)) 2018 and each year thereafter and shall direct each high school in the district to revise graduation rate goals for ((2006)) 2018 and each year thereafter, subject to approval by the board.
(2) ((The minimum graduation rate goals through 2013 shall be as follows for each of the nine groups of students listed in WAC 180-105-040(4):
(a) Sixty-six percent in 2005, one percentage point above the previous year's goal from 2006 through 2009, and three percentage points above the previous year's goal in 2010 through 2013; or
(b) For any student group whose graduation rate falls below sixty-six percent in 2005, the minimum goal for 2005 is two percentage points above that group's graduation rate in 2004, an additional two percentage points per year above the previous year's goal in 2006 through 2009, and an additional four percentage points per year above the previous year's goal in 2010 through 2013, until the rate for that group meets or exceeds the goal described in (a) of this subsection.)) Annual performance improvement goals for both school districts and schools shall be determined for each of the groups of students listed in WAC 180-105-040(4), by using the starting point and annual goals for the four-year graduation rate established using the federal requirements for determining starting points in the Washington State Every Student Succeeds Act (ESSA) Accountability Plan approved by the U.S. Department of Education.
(3) Graduation rate goals in ((2014)) 2027 and each year thereafter for each group of students listed in WAC 180-105-040(4) shall be not less than ((eighty-five)) ninety percent.
(4) School district boards of directors are authorized to adopt district-wide graduation rate goals and to approve high school graduation rate goals that exceed the minimum level required under this section. However, district-wide and high school graduation rate goals that exceed the minimum level required under this section shall not be used for federal or state accountability purposes.
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