Chapter 392-170 WAC

The authority for this chapter is RCW 28A.150.290, 28A.185.030, 28A.185.050, and 28A.300.770, which authorize the superintendent of public instruction to adopt rules and regulations for the administration of a program for highly capable students in kindergarten through 12th grade, including the screening, referral, assessment, identification, and placement of such students.

The purpose of this chapter is to establish policies and procedures for administration of programs for the education of K-12 students who are highly capable.

For highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. Highly capable students are basic education students first. School districts may use basic education funds, which support all students, to provide appropriate highly capable student services in addition to highly capable categorical funds. Categorical funds are supplemental and must be used during the funding period for supplemental activities to support the identification of highly capable students and the delivery of highly capable services, in accordance with the district's annual highly capable program plan. There is no carryover for highly capable apportionment.

For highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. The highly capable program should provide a variety and array of services that match the needs of identified students. The purpose of highly capable identification is for inclusion of students, not exclusion. Schools should recognize students who need accelerated learning and enhanced instruction as part of the academic diversity their schools serve on their campuses. District practices must seek to expand access to accelerated learning and enhanced instruction at elementary and secondary schools. The goal is to advance equitable enrollment practices so that all students, especially students from historically underserved and low-income groups who are ready to engage in more rigorous coursework can benefit from accelerated learning and enhanced instruction. Districts may identify more than five percent of their enrollment as highly capable, pursuant to RCW 28A.185.020.

Each district shall submit an annual plan for the district's highly capable program on forms provided by the superintendent of public instruction for approval.

The district's plan for operation of the highly capable program shall be annually approved by formal action of the district's board of directors.

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

(1) Consistent with RCW 28A.185.030 and 28A.300.770, a description of the district's plan to identify students, including universal screening strategies at two grade levels;

(2) Consistent with RCW 28A.185.020 and 28A.300.770, district practices for identifying students who need accelerated learning and enhanced instruction must prioritize equitable identification of low-income students;

(3) A description of the variety and array of instructional services the highly capable program will provide and how they match the identified needs of highly capable students in academic subjects in their domain(s) of strength; and

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

Objective criteria are student data points that come from either research-based or norm-referenced assessments, such as standardized, cognitive, or achievement assessments; or may include performance on classroom curriculum-based assessments. Local norms should be calculated for all objective criteria, when appropriate to address equitable identification of underrepresented populations. Objective criteria must be recent. Data may include any recent, applicable student data from the sending school for transfer students, including student records from prior placement in advanced services. Administration of student assessments must include accommodations required by the student's IEP or section 504 plan.

Subjective criteria are measures which may include data such as classroom artifacts, student products, teacher recommendations, report card grades, and research-based rating scales (nonresearch-based rating scales may not be used). Subjective data points may be used alongside other criteria during placement to support identification, but must not be used to disqualify a student from identification.

Accelerated learning means accessing new content at a faster pace, as well as reaching higher standards and/or higher grade levels. Enhanced instruction means guided instruction with increased complexity, abstraction, and depth of curriculum that is advanced beyond the general education curriculum. Both accelerated learning and enhanced instruction shall be provided to highly capable students in academic subjects based on a student's domain(s) of strength. Accelerated learning and enhanced instruction require different approaches, strategies, and curriculum, not simply more of the same classwork.

Highly capable students are students in grades K-12 who demonstrate readiness and/or potential to benefit from advanced grade level curriculum in one or more subject areas and require accelerated learning and enhanced instruction beyond the general education curriculum to achieve academic growth. Highly capable students may have advanced learning abilities in general intellectual aptitude, in all academic subjects, or in one academic subject area such as reading or mathematics. Highly capable students are not uncommon. Districts should not limit access for students who show readiness for accelerated learning and enhanced instruction.

Highly capable students are found in all demographic groups; however, not all students have had equitable access to the accelerated learning and enhanced instruction needed to develop their academic skills. Multilingual learners, highly mobile students, students receiving foster care, and students who receive McKinney-Vento services are often underserved and require careful collection of data about academic strengths. Attention should be paid to students with disabilities who also need accelerated learning and enhanced instruction in their domain(s) of strength, and are known as twice exceptional (2e) students. Highly capable students are present within all protected classes according to chapters 28A.640 and 28A.642 RCW.

As used in this chapter, a highly capable specialist has training, experience, advanced skills, and knowledge in the education of highly capable students. The district must provide professional learning opportunities to support these areas of competence: Identification procedures, academic characteristics, program design and delivery, instructional practices, student assessment, and program evaluation.

Students who are twice exceptional (2e) are students with disabilities who also need accelerated learning and enhanced instruction in their domain(s) of strength. Students who are twice exceptional have an IEP or a section 504 accommodation plan in addition to qualifying for highly capable services in one or more subject domains. Students who are twice exceptional must be provided accelerated learning and enhanced instruction in their domain(s) of strength, in addition to receiving specially designed instruction and/or accommodations required by their IEP or section 504 plan, to ensure the student has full access to their basic education.

Districts must create and publish a procedure for universally screening students in two grade levels. All students in the chosen grade levels must be screened for identification of learning needs and placement for highly capable services. The first universal screening must occur in grades K-2 and the second screening must occur in grades 3-6. Districts may choose to conduct universal screening at additional grade levels, and, if so, must conduct a complete universal screening process for every student in that grade level.

Universal screening is the process of collecting and examining appropriate data for all students in a grade level to determine if each student is performing or shows the potential to perform above grade level and requires accelerated learning and enhanced instruction.

The purpose of universal screening is to include students who traditionally are not referred for highly capable services. Districts must determine whether screened students belong to a protected class, receive special services, or move frequently to ensure that students receive fair accommodations and consideration in their screening process. The special services include, but are not limited to, those provided under a section 504 plan, an IEP, multilingual services, the McKinney-Vento Homeless Assistance Act, highly mobile, and/or foster care.

No single criterion may prevent a student's identification for highly capable. However, any single criterion, objective or subjective, if strong enough, may indicate a need for services and be sufficient to qualify a student in that subject domain. No student may be excluded from highly capable placement without at least two objective data points demonstrating that the student would not benefit from accelerated learning and enhanced instruction. Districts may qualify students directly for highly capable services using screening data. Alternatively, districts may conduct further assessment for students discovered during universal screening to determine placement. Universal screening is not used to exit a student who has qualified for highly capable services.

Districts must collect adequate data from every student in a grade level being universally screened, and students must not be disqualified for missing data. There are multiple approaches to implementing universal screening and the use of multiple criteria. School districts must use screening tools and resources that exemplify best practices and must use objective student data points during universal screening. There is no requirement to administer a new assessment for the purpose of universal screening, however, districts may do so if they deem appropriate.

Notification shall be made at the following times:

(1) Universal screening. Prior to the start of universal screening, notice shall be made in a timely manner to parents/guardians whose students will be universally screened for possible inclusion in the highly capable program. This notice must provide information on the district's highly capable program and the service options that will be available to identified students. Additionally, the notice must include information on how parents/guardians may opt out of the universal screening process for their student(s).

(2) Identification. Prior to the start of any major identification activity, annual notification of the highly capable identification process and available highly capable services shall be made in a timely manner. The notice shall be published or announced in multiple ways in appropriate languages to each community in school and district publications or other media, and posted on the district website, with circulation adequate to notify parents/guardians and students throughout the district, to include data points and test scores that will be considered.

(3) Prior to administering any additional group or individual assessments, other than universal screening or for parent-referred students, individual notice shall be made to parents/guardians of affected students in a timely manner. This notice must provide information about the district's highly capable program and the service options that will be available to identified students, provide a way for parents/guardians to opt out of further assessment for their student, and how parent/guardian can receive more information about services.

(4) At the conclusion of the identification process, individual notice shall be made to parents/guardians of students who have been screened or referred. This notice must include:

(a) The identification decision;

(b) The data points and test scores that were considered for that student;

(c) An explanation of the district procedures for identification of a student for placement for highly capable services;

(d) An explanation of the district procedures to exit a student from the program;

(e) Information on the district's highly capable program and the service options that are available to identified students and the specific services that will be offered to that student. Additionally, information must be provided to parents/guardians on how to have qualifying students opt out of receiving those services in each subject area; and

(f) If the student did not qualify for highly capable services in one or more domains, the notice must also include an explanation of the appeal process including timeline and link to submit the appeal form.

(5) If the student placement offered requires a change in school building or classroom placement, parent/guardian permission is required prior to starting service. Otherwise, parent/guardian must be notified of the start of service, but parent/guardian permission is not required prior to providing services.

Each school district shall establish written procedures for the referral of students to participate in programs for highly capable students. Referrals must be available for all grade levels K-12 not universally screened. Such procedures shall permit referrals based on data or evidence from teachers, other staff, parents/guardians, students, and members of the community. The referral process shall include options to check if the student has a section 504 plan, IEP, or receives multilingual services. The referral process must include information about the timeline for the highly capable identification process. Districts must determine whether screened students belong to a protected class or receive special services to ensure that students receive fair accommodations and consideration. The special services include, but are not limited to, those provided by a section 504 plan, an IEP, multilingual services, the McKinney-Vento Homeless Assistance Act, low-income, highly mobile, and/or foster care.

District practices for identifying highly capable students must seek to expand access to accelerated learning and enhanced instruction at elementary and secondary schools and advance equitable enrollment practices, so that all students, especially students from historically underrepresented and low-income groups, who are ready to engage in more rigorous coursework can benefit from accelerated learning and enhanced instruction. (RCW 28A.185.030) Consistent with RCW 28A.185.020 and 28A.300.770, district practices for identifying highly capable students must prioritize identification of low-income students.

Multilingual learners (ML), highly mobile students, students receiving foster care, and students who receive McKinney-Vento services are often underserved and require careful collection of data about academic strengths. Attention must also be paid to include students who have been identified as twice exceptional students (IEP or section 504 plan) according to chapter 28A.642 RCW.

Assessment tools for multilingual learners should reduce the impact of language on the skills being assessed. ML students must be assessed in their first language. If that is not possible, they are to be assessed with a nonverbal instrument. Highly mobile students require consideration to ensure timely identification and provision of services. Professional judgment should be used to expand identification of historically underrepresented student groups.

(1) The superintendent of public instruction must require school districts to have identification and placement procedures for services that match student learning needs for accelerated and enhanced instruction. They must be clearly stated and implemented by school districts using the following process:

(a) Multiple pathways for qualification must be available to allow students to qualify for different services using different criteria, as appropriate. Districts must use multiple criteria to assess and identify students' advanced learning needs in math and language arts. Multiple criteria means that multiple data points must be considered. However, any single criterion, if strong enough, may be sufficient to qualify a student for services, but no single criterion can exclude a student from services. If a student is excluded from highly capable services, there must be evidence of at least two objective data points demonstrating that a student would not benefit from accelerated learning and enhanced instruction. Students must not be disqualified or otherwise penalized for missing data;

(b) Highly capable placement decisions must be based on consideration of criteria benchmarked on local norms, when appropriate, but local norms may not be used as more restrictive criteria than national norms;

(c) Subjective measures such as teacher, parent, community member recommendations, or report card grades may not be used to exclude a student who otherwise qualifies for placement. These data points may be used alongside other criteria during placement to support identification, but may not be used to disqualify a student from being identified. Subjective measures shall be considered supplemental data, and must not be required for identification; and

(d) To the extent practicable, screening and assessments must be given in the native language of the student. If native language screening and assessments are not available, nonverbal screening and assessment must be used.

(2) Districts must consider at least two student data points during universal screening, which may include previously administered standardized, classroom-based, performance, cognitive, achievement assessments, or research-based behavior ratings scales. There is no requirement to administer a new assessment for the purpose of universal screening, however districts may do so if they desire.

(3) There is no single prescribed method for identification of students for highly capable services.

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

(5) Consistent with RCW 28A.185.020, district practices for identifying highly capable students must prioritize equitable identification of low-income students. Districts must use multiple pathways for identification, local norms, and other equitable identification strategies per WAC 392-170-046.

(6) Any screenings or additional assessment must be conducted within the school day at the school that the student attends. Exceptions may occur on a case-by-case basis with consent of the parent or guardian. Exceptions may include additional assessment opportunities during the summer, outside of school hours, or at an alternative site. Districts must provide transportation for all exceptions. If a district conducts assessments at an alternative site during the regular school year, in addition to securing parent permission, district transportation must take place within the regular school day. Any assessments administered as part of universal screening during the regular school year must be given in the student's regular classroom.

Highly capable screening, identification, and placement decisions must be based on consideration of criteria benchmarked on local norms, when appropriate. Local norms may not be used as more restrictive criteria than national norms at the same percentile and must never be used to limit the number of students identified for highly capable services.

One purpose of local norms is to help districts identify the strengths and potential of historically underrepresented students, and to interpret scores on standardized assessments that reduce test bias from lack of exposure to what is measured by the assessment instrument. Local norms should increase the number of students identified from historically underrepresented groups.

Local norms may be calculated based on an entire school district, an individual school building, an underrepresented demographic group such as low-income students, or multilingual students; a combination of these methods may be used. Local norms are not to be calculated for racial groups or gender. Local norms shall be used when appropriate for all standardized, objective data points when a sufficient local reference group is available.

All objective assessments used to determine placement in highly capable programs must be validated for measuring the abilities and skills they are intended to measure. Districts are to use appropriate instruments designed to reveal the advanced performance or potential of students.

All assessments shall be conducted by qualified district personnel who receive training to administer the assessment. Assessments must be given in an appropriate environment approved by the district assessment coordinator, following the protocol for proper administration using the assessment manual. If ratings scales are used, they must be validated by published, peer-reviewed research.

All IEP and/or section 504 plan accommodations shall be followed during the collection of data considered during the screening, identification, or placement process. Dyslexia screening measures may not be used to exclude students from highly capable services. Highly capable students may also have dyslexia. Be aware that dyslexia screening measures may inappropriately exclude students with disabilities from needed highly capable services, pursuant to chapter 28A.642 RCW. Dyslexia screening measures may be considered during identification to inform professional judgment for the purpose of including twice exceptional students.

If properly validated assessments are not available or student data are not conclusive, the professional judgment of the multidisciplinary placement committee shall determine eligibility of the student based on evidence of cognitive ability and/or academic achievement. This professional judgment shall be documented in writing. Professional judgment should be used to further equitable identification of historically underrepresented groups. Professional judgment may not be used to disqualify a student who is otherwise eligible for highly capable services.

The multidisciplinary placement committee makes decisions for the placement of students in the district's highly capable program. Members of the multidisciplinary placement committee shall have orientation on current research about the equitable identification of highly capable students (including twice exceptional, multilingual, low-income, and other historically underrepresented groups); validity, reliability, calibration, and interpretation of assessment results (including local norms); and understanding of the highly capable services available for student placement. The multidisciplinary placement committee shall consist of the following professionals:

(1) A highly capable specialist or, if a highly capable specialist 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 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.

Each school district's board of directors shall adopt an identification and placement policy, and shall establish written procedures to be used by the multidisciplinary placement committee for the placement of students who need accelerated learning and enhanced instruction. Such policy and placement procedures:

(1) Shall not violate federal and state civil rights laws including, without limitation, chapters 28A.640 and 28A.642 RCW;

(2) Shall place students into appropriate services in academic subjects based on the student's domain(s) of strength, to ensure that identification is aligned with services;

(3) Shall identify students based on consideration of multiple data points to determine which students require accelerated learning and enhanced instruction, per WAC 392-170-055. At a minimum, districts must identify students in the domains of language arts and math; districts may identify in additional domains if they desire. No student may be excluded without at least two objective data points demonstrating that the student would not benefit from accelerated learning and enhanced instruction in a domain (i.e., language arts and/or math). Districts must collect adequate data for every student, and students must not be disqualified or otherwise penalized for missing data;

(4) Shall facilitate students receiving needed services as soon as possible after data is collected. For incoming transfer students with prior placement in accelerated services, the multidisciplinary placement committee must consider any recent, applicable student data, as well as records from the sending school to enable prompt, appropriate placement in the receiving school;

(5) Shall be based on the professional judgment of the multidisciplinary placement committee to determine which students require service, and include a written record of identification and services for students who are placed; and

(6) Consistent with RCW 28A.185.020, district practices for identifying students who need accelerated learning and enhanced instruction must prioritize equitable identification of low-income students.

Each district shall have a clearly written procedure for appealing the multidisciplinary placement committee's decisions and publicly disseminate this procedure, including a link to the appeal form when a student decision is communicated to a parent/guardian. Appeals shall be available for students considered during universal screening procedures, as well as via referrals.

Students who are identified as highly capable must be provided opportunities for accelerated learning and enhanced instruction until they graduate from K-12 education. Districts must develop and publish a procedure for exiting students from highly capable services. Behavior, disabilities, lack of work completion, and poor attendance are not sufficient reasons to exit a student from highly capable services.

The exit procedure must include:

(1) A meeting with the parent/guardian of the student to discuss adjusting the highly capable service model to better match student needs;

(2) Discussion about possible disabilities to ensure that the student does not have an unrecognized or unsupported disability that impacts their access to highly capable services;

(3) Compelling student data that demonstrates that the student would no longer benefit from highly capable services. At least two objective data points in each area of highly capable qualification must be presented to exit a student in that subject domain;

(4) A multidisciplinary placement committee review of all available data to determine continued service placement for the student. Data points considered during this review must be documented in writing and shared with the parent/guardian prior to the multidisciplinary placement committee meeting; and

(5) A meeting with the parent/guardian of the student to communicate the outcome.

Districts shall make a variety of appropriate services available to students who are placed in the district's program for highly capable students. Once services are started, a continuum of services shall be provided to the student at all grade levels K-12 from identification through graduation. Teachers shall be informed of the outcome of highly capable identification. Districts may begin to provide differentiated services as soon as possible following identification. If the student placement is offered and requires a change in school building or classroom placement, parent/guardian permission is required prior to starting service. Otherwise, a parent/guardian will be notified, but permission is not required prior to providing services to identified students.

Each student identified as a highly capable student shall be provided educational opportunities which match such student's unique needs and capabilities, recognizing that students may have specific academic abilities within a single domain, such as in language arts, mathematics, or other content areas. Students shall be provided accelerated learning and enhanced instruction in academic subjects based on their identified domain(s) of strength. Students identified for reading strengths must receive accelerated learning and enhanced instruction in reading. Students identified for math must receive accelerated learning and enhanced instruction in math.

Students with disabilities who have an IEP or section 504 plan must have full access to accelerated learning and enhanced instruction in their identified domain(s) of strength, in addition to their indicated accommodations or specially designed instruction. Districts shall keep a description of the educational services/programs provided for students identified for placement. Consistent with WAC 392-170-077, districts shall not remove a student from accelerated learning and enhanced instruction services without conducting a formal exit process.

The superintendent of public instruction must disseminate guidance on best practices for highly capable programs that includes: Referral, screening, assessment, identification, and placement. The guidance must be regularly updated and aligned with evidence-based practices.

To ensure that school districts are meeting the requirements of this chapter, the superintendent of public instruction shall monitor district services/programs no less than once every five years. Monitoring under this section may be conducted concurrently with other program reviews. The reviews shall include the previous five years of end of year reports and monitor additional program components including:

(1) The process used by the district to identify students who need accelerated learning and enhanced instruction;

(2) The number of students who have been identified as highly capable, as well as the number of students who have been placed in highly capable services, disaggregated by demographic groups and grade levels, pursuant to RCW 28A.185.050;

(3) Assessment data and other indicators to determine the degree to which districts are meeting the academic needs of identified students; and

(4) Professional learning opportunities provided.

Districts shall submit to the superintendent of public instruction at the close of each fiscal year an end of year report on forms provided by the superintendent of public instruction, which includes:

(1) A summary of the number of students served by grade level, level of service, and demographic group, in order to determine if the district's equitable identification goals have been met;

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

(3) Number and content of professional development activities provided for special teachers and general education staff working with highly capable students, and the number of educators who attended; and

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

Districts shall keep such records as are necessary to demonstrate compliance with this chapter and shall make such records available to authorized state personnel.

Districts shall provide up-to-date student placement information via comprehensive education data and research system (CEDARS), so that accurate disaggregated demographic information for each district can be generated.