Title 180 WAC — Education, State Board of

Chapter 180-08 Practice, procedure, and access to public records.

Wash. Admin. Code § 180-08-001 Purpose and authority.

(1) The purpose of this chapter is to establish the formal and informal procedures of the state board of education relating to rules adoption, protection of public records, and access to public records.

(2) The authority for this chapter is RCW 34.05.220 and chapter 42.56 RCW.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-08-001, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 34.05.220, 28A.305.130. WSR 02-18-054, § 180-08-001, filed 8/28/02, effective 9/28/02.

Wash. Admin. Code § 180-08-004 Definitions.

(1) As used in this chapter, "public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the state board of education, regardless of physical form or characteristics. Personal and other records cited in RCW 42.56.210 are exempt from the definition of public record.

(2) As used in this chapter, "writing" means handwriting, typewriting, printing, photostating, photographing, use of facsimile and electronic communication, and every other means of recording any form of communication or representation, including letters, words, pictures, sounds, symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, disks, drums, diskettes, sound recordings, and other documents including existing data compilations from which data may be obtained or translated.

(3) The state board of education shall hereafter be referred to as the "board" or "state board."

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-08-004, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 34.05.220, 28A.305.130. WSR 02-18-054, § 180-08-004, filed 8/28/02, effective 9/28/02.

Wash. Admin. Code § 180-08-006 Public records officer—Access to public records—Requests for public records—Determination regarding exempt records—Review of denials of public record requests—Protection of public records—Copying—Office hours.

(1) The state board's public records officer shall be the board's secretary (executive director) located in the administrative office of the board located in the Old Capitol Building, 600 South Washington, Olympia, Washington 98504-7206. The secretary (executive director) shall be responsible for implementation of the board's rules and regulations regarding release of public records and generally ensuring compliance by staff with the public records disclosure requirements in chapter 42.56 RCW.

(2) Access to public records in the state board of education shall be provided in compliance with the provisions of RCW 42.56.070.

(3) Requests for public records must comply with the following procedures:

(a) A request shall be made in writing to the secretary (executive director) or designee of the director. The request may be brought to the administrative office of the board during customary office hours or may be mailed, delivered by facsimile, or by electronic mail. The request shall include the following information:

(i) The name of the person requesting the record;

(ii) The time of day and calendar date on which the request was made;

(iii) The nature of the request;

(iv) If the matter requested is referenced within the current index maintained by the secretary (executive director), a reference to the requested information as it is described in such current index;

(v) If the requested matter is not identifiable by reference to the current index, an appropriate description of the record requested shall be provided.

(b) In all cases in which a member of the public is making a request, it shall be the obligation of the secretary (executive director), or person to whom the request is made, to assist the member of the public in succinctly identifying the public record requested.

(4)(a) The board reserves the right to determine that a public record requested in accordance with subsection (3) of this section is exempt under the provisions of RCW 42.56.210. Such determination may be made in consultation with the secretary (executive director) or an assistant attorney general assigned to the board.

(b) Pursuant to RCW 42.56.070, the board reserves the right to delete identifying details when it makes available or publishes any public record when there is reason to believe that disclosure of such details would be an unreasonable invasion of personal privacy: Provided, however, In each case, the justification for the deletion shall be explained fully in writing.

(c) Response to requests for a public record must be made promptly. Within five business days of receiving a public record request, the executive director shall respond by either:

(i) Providing the record;

(ii) Acknowledging that the board has received the request and providing a reasonable estimate of the time required to respond to the request; or

(iii) Denying the public record request.

(d) Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, the executive director may ask the requester to clarify what information the requester is seeking. If the requester fails to clarify the request within five working days of being asked for said clarification, the executive director need not respond to it.

(5) All denials of request for public records must be accompanied by a written statement, signed by the secretary (executive director) or designee, specifying the reason for the denial, a statement of the specific exemption authorizing the withholding of the record, and a brief explanation of how the exemption applies to the public record withheld.

(6)(a) Any person who objects to the denial of a request for a public record may petition for prompt review of such decision by tendering a written request for review. The written request shall specifically refer to the written statement which constituted or accompanied the denial.

(b) The written request by a person petitioning for prompt review of a decision denying a public record shall be submitted to the board's secretary (executive director) or designee.

(c) Within two business days after receiving a written request by a person petitioning for a prompt review of a decision denying a public record, the secretary (executive director) or designee shall complete such review.

(d) During the course of the review the secretary (executive director) or designee shall consider the obligations of the board to comply fully with the intent of chapter 42.56 RCW insofar as it requires providing full public access to official records, but shall also consider both the exemptions provided in RCW 42.56.210 and 42.56.510, and the provisions of the statute which require the board to protect public records from damage or disorganization, prevent excessive interference with essential functions of the board, and prevent any unreasonable invasion of personal privacy by deleting identifying details.

(7) Public records and a facility for their inspection will be provided by the secretary (executive director) or designee. Such records shall not be removed from the place designated for their inspection. Copies of such records may be arranged for according to the provisions of subsection (8) of this section.

(8) No fee shall be charged for the inspection of public records. The board may impose a charge for providing copies of public records and for the use by any person of agency equipment to copy public records. Copying charges shall be reasonable and conform with RCW 42.56.120. No person shall be released a record so copied until and unless the person requesting the copied public record has tendered payment for such copying to the appropriate official. All charges must be paid by money order, check, or cash in advance.

(9) Public records shall be available for inspection and copying during the customary office hours of the administrative office of the board. For the purposes of this chapter, the customary office hours shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding legal holidays and dates of official state board of education business requiring all board staff to be away from the office.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-08-006, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.305.130, 34.05.220, and 42.17.250 through 42.17.348. WSR 06-23-007, § 180-08-006, filed 11/2/06, effective 12/3/06. Statutory Authority: RCW 34.05.220, 28A.305.130. WSR 02-18-054, § 180-08-006, filed 8/28/02, effective 9/28/02.

Wash. Admin. Code § 180-08-008 Administrative practices regarding hearings and rule proceedings.

(1) Administrative practices before and pertaining to the state board of education are governed by the state Administrative Procedure Act, chapter 34.05 RCW, the Washington State Register Act, chapter 34.08 RCW, and the Office of Administrative Hearings Act, chapter 34.12 RCW. These acts govern the conduct of "agency action"; the conduct of "adjudicative proceedings"; and "rule making" as these terms are defined in RCW 34.05.010.

(2) The rules of the state code reviser (currently set forth in chapter 1-21 WAC) and the rules of the office of administrative hearings (currently set forth in chapter 10-08 WAC) shall govern procedures and practices before the state board of education for the following: Petitions for declaratory rulings; petitions for adoption, amendment, or repeal of a rule; and the conduct of adjudicative proceedings. All other regulatory actions and hearings conducted by the state board of education may be conducted informally at the discretion of the state board of education.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-08-008, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 34.05.220, 28A.305.130. WSR 02-18-054, § 180-08-008, filed 8/28/02, effective 9/28/02.

Wash. Admin. Code § 180-08-015 Scheduled review of state board rules.

The state board of education shall review all board rules not less than every three years.

History

Statutory Authority: RCW 34.05.220. WSR 99-10-092, § 180-08-015, filed 5/4/99, effective 6/4/99.

Chapter 180-16 State support of public schools.

Wash. Admin. Code § 180-16-002 Purpose and authority.

(1) In support of improving student learning and growth, the purpose of this chapter is to establish the policies and procedures for state board of education approval of school district programs for entitlement to state basic education allocation funding.

(2) The authority for this chapter is RCW 28A.150.220(4).

History

Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6). WSR 02-18-056, § 180-16-002, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.150.220(4). WSR 98-08-039, § 180-16-002, filed 3/24/98, effective 4/24/98. Statutory Authority: RCW 28A.150.220(4) and 28A.410.010. WSR 98-01-031, § 180-16-002, filed 12/8/97, effective 1/8/98. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-16-002, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-002, filed 5/17/84.

Wash. Admin. Code § 180-16-162 Strike defined—Presumption of approved program operation—Strikes—Exception—Approval/disapproval of program during strike period—Work stoppages and maintenance of approved programs for less than one hundred eighty days not condoned.

(1) Strike defined. For the purpose of this section the term "strike" shall mean: A concerted work stoppage by employees of a school district of which there has been a formal declaration by their recognized representative and notice of the declaration has been provided to the district by the recognized representative at least two calendar school days in advance of the actual stoppage.

(2) Presumption of approved program. It shall be presumed that all school days conducted during a school year for which the state board of education has granted annual program approval are conducted in an approved manner, except for school days conducted during the period of a strike. The following shall govern the approval or disapproval of a program conducted during the period of a strike:

(a) Upon the submission of a written complaint of substandard program operation by a credible observer, the state superintendent of public instruction may investigate the complaint and program being operated during the strike.

(b) The district's program shall be deemed disapproved if the investigation of the state superintendent establishes a violation of one or more of the following standards or, as the case may be, such deviations as have been approved by the state board:

(i) All administrators must have proper credentials;

(ii) WAC 180-16-220(1) which requires that all teachers have proper credentials;

(iii) The school district shall provide adequate instruction for all pupils in attendance;

(iv) Adequate provisions must be made for the health and safety of all pupils;

(v) The local district shall have a written plan for continuing the school program during this period; and

(vi) The required ratio of enrolled pupils to certificated personnel for the first five days shall not exceed 60 to 1, for the next five days shall not exceed 45 to 1 and thereafter shall not exceed 30 to 1.

(c) Program disapproval shall be effective as of the day following transmittal of a notice of disapproval by the state superintendent and shall apply to those particular school days encompassed in whole or in part by the remainder of the strike period.

(d) The decision of the state superintendent shall be final except as it may be reviewed by and at the option of the state board of education.

(e) The program shall be deemed approved during those days of operation for which a trial court order ordering striking employees to work is in effect.

(3) Work stoppages. Nothing in this section or WAC 180-16-191 through 180-16-225 shall be construed as condoning or authorizing any form of work stoppage which disrupts any portion of the planned educational program of a district or the maintenance of an approved program for less than the minimum number of school days required by law, except as excused for apportionment purposes by the superintendent of public instruction pursuant to RCW 28A.150.290.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-16-162, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.150.220(4). WSR 02-18-053, § 180-16-162, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-162, filed 9/12/79
Order 5-73, § 180-16-162, filed 9/6/73.

Wash. Admin. Code § 180-16-163 Strike defined.

For the purpose of WAC 180-16-162, the term "strike" shall mean: A concerted work stoppage by employees of a school district of which there has been a formal declaration by their recognized representative and notice thereof provided to the district by such representative at least two calendar school days in advance of the actual stoppage.

History

Order 5-73, § 180-16-163, filed 9/6/73.

Wash. Admin. Code § 180-16-164 Work stoppages and maintenance of approved programs for less than 180 days not condoned.

Nothing in WAC 180-16-162, 180-16-163 or 180-16-191 through 180-16-225 shall be construed as condoning or authorizing any form of work stoppage which disrupts the planned educational program of a district, or any portion thereof, or the maintenance of an approved program for less than the minimum number of school days required by law except as excused for apportionment purposes by the superintendent of public instruction pursuant to RCW 28A.150.290.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-16-164, filed 11/16/10, effective 12/17/10. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-16-164, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-164, filed 9/12/79
Order 5-73, § 180-16-164, filed 9/6/73.

Wash. Admin. Code § 180-16-191 Programs subject to basic education allocation entitlement requirements.

The requirements, procedures and other provisions set forth in this chapter shall apply to kindergarten programs and to such portion of the grade one through twelve program, including related vocational instruction, as a school district provides for students enrolled in kindergarten through grade twelve.

History

Statutory Authority: RCW 28A.150.220(4). WSR 02-18-053, § 180-16-191, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-191, filed 5/17/84. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-191, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-191, filed 6/5/78.

Wash. Admin. Code § 180-16-195 Annual reporting and review process.

(1) Annual school district reports. A review of each school district's kindergarten through twelfth grade program shall be conducted annually for the purpose of determining compliance or noncompliance with basic education program approval requirements. On or before September 15th of each school year, each school district superintendent shall complete and return the program assurance form distributed by the state board of education. The form shall be designed to elicit data necessary to make a determination of a school district's compliance or noncompliance with basic education program approval requirements. The form shall be submitted electronically and signed by:

(a) The school board president or chairperson, and

(b) The superintendent of the school district.

(2) State board staff review.

(a) State board of education staff shall review each school district's program assurance form, may conduct on-site visits of selected school districts, as needed and subject to funding support, and shall prepare recommendations and reports for presentation to the state board of education: Provided, that, if a school district's initial program assurance form does not establish compliance with the basic education program approval requirements, the district shall be provided the opportunity to explain the deficiency or deficiencies.

(b) School districts may use the personnel and services of the educational service district to assist the school district and schools in the district that are out of compliance with basic education program approval requirements.

(3) Annual certification of compliance or noncompliance—Withholding of funds for noncompliance.

(a) At the November meeting of the state board of education, or at such other meeting as the board shall designate, the board shall certify by motion each school district as being in compliance or noncompliance with the basic education program approval requirements.

(b) A certification of compliance shall be effective for the then current school year subject to any subsequent ad hoc review and determination of noncompliance as may be deemed necessary by the state board of education or advisable by the superintendent of public instruction. In addition, a certification of compliance shall be effective tentatively for the succeeding school year until such time as the state board takes its annual action certifying compliance or noncompliance with the program approval requirements.

(c) A certification of noncompliance shall be effective until program compliance is assured by the school district to the satisfaction of state board of education staff, subject to review by the state board.

(d) Upon the certification of noncompliance of a school district, state board of education staff shall notify the superintendent of public instruction and the school district of a certification of noncompliance immediately after the board meeting at which certification occurred.

(e) A withholding of basic education allocation funding from a school district shall not occur for noncompliance if the school district has remediated the noncompliance situation within sixty school business days from the time the district receives notice of the noncompliance from the state board of education. The state board of education may extend the sixty days timeline only if the district demonstrates by clear and convincing evidence to the satisfaction of the state board of education that sixty days is not reasonable to make the necessary corrections. For the purposes of this section, a school business day shall mean any calendar day, exclusive of Saturdays, Sundays, and any federal and school holidays upon which the office of the superintendent of the school district is open to the public for the conduct of business. A school business day shall be concluded or terminated upon the closure of said office for the calendar day.

(f) At the discretion of the state board of education, after notification by the state board of education to a school district regarding an existing noncompliance, the state board of education may recommend the superintendent of public instruction withhold funds or may enter into a compliance agreement with the school district that shall include, but not be limited to, the following criteria:

(i) A deadline for school district remediation of the noncompliance(s).

(ii) A listing of all the noncompliance areas and the necessary terms that must be satisfied in each area in order for the school district to gain compliance status. This listing also shall specify additional deadlines for the accomplishment of the stated terms if different from the final deadline as specified in subsection (1) of this section.

(iii) A closing statement specifying that a school district's failure to remediate a noncompliance by the determined deadline may result, at the state board of education's or its designee's discretion, in the recommendation to the superintendent of public instruction of withholding of the school district's basic education allocation funding by the superintendent of public instruction.

(iv) The date and the signatures of the superintendent of the school district, the chair of the school district's board of directors, and the chair of the state board of education, or his/her designee, to the agreement. A copy of the completed compliance agreement shall be sent to the chairperson of the school district's board of directors and the school district superintendent.

(g) In the event a school district fails to sign a compliance agreement within five school business days from the date of issuance or does not satisfy all of the terms of the signed compliance agreement within the designated amount of time, the state board of education may recommend to the superintendent of public instruction withholding state funds for the basic education allocation until program compliance is assured.

(h) Any school district may appeal to the state board of education the decision of noncompliance by the state board of education. Such appeal shall be limited to the interpretation and application of these rules by the state board of education. Such appeal shall not stay the withholding of any state funds pursuant to this section or completion of the compliance agreement.

(4) The provisions of subsection (3)(g) of this section shall not apply if the noncompliance is related to the school district's fiscal condition and results in the implementation of a financial plan under RCW 28A.505.140(3).

(5) Each school district shall develop, maintain and, if necessary, implement a continuity of operations plan under WAC 180-16-200 and 180-16-212 for delivering the program of basic education during disruptions to basic education delivery resulting from an "emergency or disaster" as defined in RCW 38.52.010. "Emergency" may also include a national declaration of emergency by an authorized federal official.

History

Statutory Authority: RCW 28A.150.220(7). WSR 21-16-044, § 180-16-195, filed 7/27/21, effective 8/27/21
WSR 21-05-015, § 180-16-195, filed 2/5/21, effective 3/8/21. Statutory Authority: RCW 28A.150.220 and 28A.150.250. WSR 18-24-090, § 180-16-195, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.150.220, 28A.150.250, and 28A.150.260. WSR 11-17-044, § 180-16-195, filed 8/11/11, effective 9/11/11. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6). WSR 02-18-056, § 180-16-195, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.150.250, 28A.150.260 and 28A.15.220 [28A.150.220]. WSR 99-10-091, § 180-16-195, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-195, filed 5/17/84. Statutory Authority: RCW 28A.04.120. WSR 83-13-002 (Order 3-83), § 180-16-195, filed 6/2/83. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-195, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-195, filed 6/5/78.

Wash. Admin. Code § 180-16-200 Total instructional hour requirement.

(1) Kindergarten total instructional hour requirement - An annual minimum one thousand instructional hours according to an implementation schedule under RCW 28A.150.315.

(2) Grades 1-12 total instructional hour requirement - District-wide annual average of at least:

(a) A district-wide average of one thousand eighty instructional hours for students enrolled in grades nine through twelve and a district-wide annual average of one thousand instructional hours in grades one through eight; or

(b) A district-wide annual average of one thousand twenty-seven instructional hours in grades one through twelve.

(3) For nonhigh school districts, a district-wide annual average of one thousand instructional hours in such grades as are offered by the district.

(4) Instructional hours are defined in RCW 28A.150.205.

(a) Instructional hours are delivered "in-person," as defined in RCW 28A.232.010 (1)(b), except as provided in RCW 28A.232.010 (4)(b).

(b) School districts may deliver instructional hours through learning modalities other than in-person instruction which may include, but are not limited to, distance learning, hybrid classrooms, rotating schedules, or other methods that allow for delivery of basic education services under the following:

(i) Funding allocation models established by the legislature or the superintendent of public instruction in chapter 392-121 WAC, chapters 28A.232 and 28A.250 RCW that allow for modalities other than in-person instruction;

(ii) Districts may provide the opportunity for individual students to engage in the program of basic education through modalities other than in-person instruction if so agreed upon by the district and the student due to health or safety needs of the student;

(iii) During implementation of the school district's continuity of operations plan under WAC 180-16-212; and

(iv) Under any other applicable law that would allow for modalities other than in-person instruction to be delivered.

(5) Nothing in this section supersedes other applicable law.

History

Statutory Authority: RCW 28A.150.220(7). WSR 21-16-044, § 180-16-200, filed 7/27/21, effective 8/27/21
WSR 21-05-015, § 180-16-200, filed 2/5/21, effective 3/8/21. Statutory Authority: 2014 c 217 and RCW 28A.230.090. WSR 14-19-032, § 180-16-200, filed 9/8/14, effective 10/9/14. Statutory Authority: Chapter 28A.630 RCW. WSR 01-24-092, § 180-16-200, filed 12/4/01, effective 1/4/02. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-086, § 180-16-200, filed 10/4/95, effective 11/4/95. Statutory Authority: RCW 28A.410.010. WSR 94-03-104 (Order 5-94), § 180-16-200, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.150.220, 28A.320.200, 28A.150.260 and 1992 c 141. WSR 92-17-053, § 180-16-200, filed 8/17/92, effective 9/17/92. Statutory Authority: RCW 28A.150.220 and [28A.150.]260. WSR 92-05-047, § 180-16-200, filed 2/13/92, effective 3/15/92. Statutory Authority: RCW 28A.04.127 and 28A.41.140. WSR 86-21-020 (Order 15-86), § 180-16-200, filed 10/7/86. Statutory Authority: RCW 28A.58.754(6). WSR 84-11-043 (Order 2-84), § 180-16-200, filed 5/17/84. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-200, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-200, filed 6/5/78.

Wash. Admin. Code § 180-16-212 Continuity of operations plan.

By the beginning of the 2021-22 school year, each school district shall develop, maintain and, if necessary, implement a continuity of operations plan that ensures delivery of basic education services during disruptions to basic education delivery resulting from an "emergency or disaster" as defined in RCW 38.52.010. "Emergency" may also include a national declaration of emergency by an authorized federal official.

(1) The continuity of operations plan shall describe the following:

(a) The process for the school district to decide how to transition to modalities other than in-person instruction if needed in the event of an emergency or disaster in order to ensure equitable delivery of the program of basic education to all students;

(b) The roles of school district staff responsible for executing the continuity of operations plan during an emergency;

(c) The process for the school district to decide how to transition to offering each student in-person instruction when the disruptions to basic education delivery due to the emergency have ended; and

(d) The schedule for routine review of the continuity of operations plan by the district.

(2) The following apply during implementation of the continuity of operations plan:

(a) Days in which instructional hours are offered shall count as school days for the purpose of meeting the requirements of RCW 28A.150.220; and

(b) Nothing in this section supersedes other applicable law.

(3) Each school district that implements its continuity of operations plan shall notify the state board of education and the office of superintendent of public instruction within five days of the decision to implement the continuity of operations plan by email and postal mail of the following:

(a) Date that the disruptions to basic education delivery began or will begin if there is an impending emergency situation and the estimated duration of the emergency or disaster;

(b) Documentation of the emergency or disaster, such as a declaration of emergency, and information that describes the disruption to basic education delivery due to the emergency;

(c) Contact information for school district staff who are responsible for executing the continuity of operations plan; and

(d) Further information or assurances upon request, at the discretion of the state board of education or the office of superintendent of public instruction staff.

(4) At the discretion of state board of education staff, each school district's compliance with the requirements of the program of basic education is subject to review under WAC 180-16-195.

(5) This continuity of operations plan may be used as a component of the comprehensive emergency management plan under RCW 38.52.030.

History

Statutory Authority: RCW 28A.150.220(7). WSR 21-16-044, § 180-16-212, filed 7/27/21, effective 8/27/21.

Wash. Admin. Code § 180-16-220 Supplemental basic education program approval requirements.

The following requirements are hereby established by the state board of education as related supplemental condition to a school district's entitlement to state basic education allocation funds, as authorized by RCW 28A.150.220(4).

(1) Current and valid certificates. Every school district employee required by WAC 181-79A-140 to possess an education permit, certificate, or credential issued by the superintendent of public instruction for his/her position of employment, shall have a current and valid permit, certificate or credential. In addition, classroom teachers, principals, vice principals, and educational staff associates shall be required to possess endorsements as required by WAC 181-82-105, 181-82-120, and 181-82-125, respectively.

(2) Annual school building approval.

(a) Each school in the district shall be approved annually by the school district board of directors under an approval process determined by the district board of directors.

(b) At a minimum the annual approval shall require each school to have a school improvement plan that is data driven, promotes a positive impact on student learning, and includes a continuous improvement process that shall mean the ongoing process used by a school to monitor, adjust, and update its school improvement plan. For the purpose of this section "positive impact on student learning" shall mean:

(i) Supporting the goal of basic education under RCW 28A.150.210, "…to provide students with the opportunity to become responsible citizens, to contribute to their own economic well-being and to that of their families and communities, and to enjoy productive and satisfying lives…";

(ii) Promoting continuous improvement of student achievement of the state learning goals and essential academic learning requirements; and

(iii) Recognizing nonacademic student learning and growth related, but not limited to: Public speaking, leadership, interpersonal relationship skills, teamwork, self-confidence, and resiliency.

(c) The school improvement plan shall be based on a self-review of the school's program for the purpose of annual building approval by the district. The self-review shall include active participation and input by building staff, students, families, parents, and community members.

(d) The school improvement plan shall address, but is not limited to:

(i) The characteristics of successful schools as identified by the superintendent of public instruction and the educational service districts, including safe and supportive learning environments;

(ii) Educational equity factors such as, but not limited to: Gender, race, ethnicity, culture, language, and physical/mental ability, as these factors relate to having a positive impact on student learning. The state board of education strongly encourages that equity be viewed as giving each student what she or he needs and when and how she or he needs it to reach their achievement potential;

(iii) The use of technology to facilitate instruction and a positive impact on student learning; and

(iv) Parent, family, and community involvement, as these factors relate to having a positive impact on student learning.

(3) Nothing in this section shall prohibit a school improvement plan from focusing on one or more characteristics of effective schools during the ensuing three school years.

(4) School involvement with school improvement assistance under the state accountability system or involvement with school improvement assistance through the federal Elementary and Secondary Education Act shall constitute a sufficient school improvement plan for the purposes of this section.

(5) Nonwaiverable requirements. Certification requirements, including endorsements, and the school improvement plan requirements set forth in subsection (2) of this section may not be waived.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-16-220, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.150.220, 28A.305.140, and 28A.305.130. WSR 04-23-008, § 180-16-220, filed 11/4/04, effective 12/5/04. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-16-220, filed 2/3/04, effective 3/5/04
WSR 02-18-056, § 180-16-220, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.150.250, 28A.150.260 and 28A.15.220 [ 28A.150.220]. WSR 99-10-091, § 180-16-220, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.58.754(6), 28A.58.085 and 28A.58.090. WSR 90-01-137, § 180-16-220, filed 12/20/89, effective 1/20/90. Statutory Authority: RCW 28A.58.090. WSR 86-20-056 (Order 14-86), § 180-16-220, filed 9/29/86. Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-220, filed 6/10/86
WSR 84-11-043 (Order 2-84), § 180-16-220, filed 5/17/84. Statutory Authority: RCW 28A.04.120(4). WSR 81-08-026 (Order 1-81), § 180-16-220, filed 3/26/81. Statutory Authority: RCW 28A.04.120. WSR 80-06-093 (Order 7-80), § 180-16-220, filed 5/29/80. Statutory Authority: RCW 28A.01.010, 28A.04.120, 28A.41.130, 28A.41.140, 28A.58.754, 28A.58.758, and 1979 ex.s. c 250. WSR 79-10-033 (Order 10-79), § 180-16-220, filed 9/12/79. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-220, filed 6/5/78.

Wash. Admin. Code § 180-16-225 Waiver—Substantial lack of classroom space—Grounds and procedure.

(1) Grounds. The superintendent of public instruction may waive one or more of the basic education allocation entitlement requirements set forth in WAC 180-16-200 through 180-16-220(1) only if a school district's failure to comply with such requirement(s) is found by the superintendent of public instruction to be caused by substantial lack of classroom space.

As a condition to a waiver based on substantial lack of classroom space the state board will consider and a school district must demonstrate, at least, that the facilities of the school district do not contain enough classroom space or other space that can reasonably be converted into classroom space, and that necessary classroom space may not reasonably be acquired by lease or rental to enable the district to comply with the referenced entitlement requirements.

(2) Waiver procedure. In order to secure a waiver pursuant to subsection (1) of this section a school district must submit a petition together with a detailed explanation and documentation in support of its request not later than the deadline in a schedule issued by the superintendent of public instruction and the commencement of the school year.

History

Statutory Authority: RCW 28A.300.750. WSR 18-24-090, § 180-16-225, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.150.220, 28A.305.140, and 28A.305.130. WSR 04-23-008, § 180-16-225, filed 11/4/04, effective 12/5/04. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-16-225, filed 2/3/04, effective 3/5/04. Statutory Authority: RCW 28A.58.754(6). WSR 86-13-015 (Order 5-86), § 180-16-225, filed 6/10/86
WSR 84-11-043 (Order 2-84), § 180-16-225, filed 5/17/84. Statutory Authority: RCW 28A.04.120. WSR 83-13-002 (Order 3-83), § 180-16-225, filed 6/2/83
WSR 80-06-093 (Order 7-80), § 180-16-225, filed 5/29/80. Statutory Authority: RCW 28A.41.130 and 28A.58.754. WSR 78-06-097 (Order 3-78), § 180-16-225, filed 6/5/78.

Chapter 180-17 Accountability.

Wash. Admin. Code § 180-17-005 Definitions.

In addition to the definitions outlined in WAC 392-501-715 the following definitions apply to this chapter:

(1) "School and school district improvement plans" means the data-driven plan for the district and each school described and required under WAC 180-16-220 that promotes a positive impact on student learning and includes a continuous improvement process.

(2) "Federal requirements" means the accountability and other requirements specified by the U.S. Department of Education in the Elementary and Secondary Education Act of 1965, as amended.

(3) "Washington school improvement framework" or "WSIF" means the system of school differentiation described in the Washington accountability plan approved by the U.S. Department of Education as meeting federal requirements. The framework methodology establishes a summative score for the all students group and the reportable student groups specified in WAC 180-105-020 (1)(b) from up to five indicators broadly categorized as academic achievement, student academic growth, English learner progress, high school graduation, and school quality or student success.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-005, filed 4/3/19, effective 5/4/19.

Wash. Admin. Code § 180-17-010 Designation of required action districts.

Upon receipt of the recommendation from the office of the superintendent of public instruction to designate school districts for required action, in March, or another time mutually agreed upon by the superintendent of public instruction and the state board of education, of each year the state board of education shall designate such districts as required action districts.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-010, filed 4/3/19, effective 5/4/19
WSR 15-21-019, § 180-17-010, filed 10/12/15, effective 11/12/15
WSR 10-23-083, § 180-17-010, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 180-17-020 Process for submittal and approval of required action plan.

(1) Except as otherwise provided in WAC 180-17-030, the school and school district improvement plans required under WAC 180-16-220 shall be amended to ensure all the requirements listed in RCW 28A.657.050(2) are met according to the following schedule: Within forty calendar days of designation by the state board of education a school district shall submit amended school and school district improvement plans approved by the superintendent of public instruction to the state board of education for approval.

(2) At the next regularly scheduled meeting, or at a special board meeting if no meeting is scheduled within a reasonable time, the state board of education shall either:

(a) Approve the school district's required action plan; or

(b) Notify the school district that the required action plan has not been approved stating the reasons for the disapproval.

(3) A school district notified by the state board of education that its required action plan has not been approved under subsection (2)(a) of this section shall either:

(a) Submit a new required action plan to the superintendent of public instruction and state board of education for review and approval within forty calendar days of notification that its plan was rejected. The state board of education shall approve the plan at its next regularly scheduled meeting, or at a special board meeting if it meets all of the requirements set forth in RCW 28A.657.050; or

(b) Submit a request to the required action plan review panel established under RCW 28A.657.070 for reconsideration of the state board's rejection within ten calendar days of the notification that the plan was rejected. The review panel shall consider and issue a recommendation regarding a district's request for reconsideration to the state board of education within forty calendar days. The state board of education shall consider the recommendations of the panel at its next regularly scheduled meeting, or at a special board meeting, and issue a decision in writing to the school district and the panel. If the state board of education accepts the changes to the required action plan recommended by the panel, the school district shall submit a revised required action plan to the superintendent of public instruction and state board of education within forty calendar days. The state board of education shall approve the plan by no later than at its next regularly scheduled meeting or a special board meeting if it incorporates the recommended changes of the panel.

(4) If the review panel issues a decision that reaffirms the decision of the state board of education rejecting the school district's required action plan, then the school district shall submit a revised plan to the superintendent of public instruction and state board of education within forty calendar days of the panel's decision. The state board of education shall approve the district's required action plan at its next regularly scheduled meeting, or special board meeting if it meets all of the requirements set forth in RCW 28A.657.050.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-020, filed 4/3/19, effective 5/4/19
WSR 10-23-083, § 180-17-020, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 180-17-030 Process for submittal and approval of a required action plan when mediation or superior court review is involved.

(1) A school district that is designated for required action shall notify the superintendent of public instruction and the state board of education within ten calendar days if it is pursuing mediation with the public employment relations commission in an effort to agree to changes to terms and conditions of employment to a collective bargaining agreement that are necessary to implement a required action plan.

(2) If the parties are able to reach agreement in mediation, the school district shall submit its required action plan according to the schedule outlined in WAC 180-17-020.

(3) If the parties are unable to reach an agreement in mediation, the school district shall file a petition with the superior court for a review of any disputed issues under the timeline prescribed in RCW 28A.657.050. After receipt of the superior court's decision, according to the schedule outlined in WAC 180-17-020.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-030, filed 4/3/19, effective 5/4/19
WSR 10-23-083, § 180-17-030, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 180-17-040 Failure to submit or receive approval of a required action plan.

The state board of education may recommend the superintendent of public instruction to require a school district that has not submitted a final required action plan for approval, or has submitted but not received state board of education approval of a required action plan by the beginning of the school year in which the plan is intended to be implemented, to redirect the district's Title I funds based on the academic performance audit findings.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-040, filed 4/3/19, effective 5/4/19
WSR 10-23-083, § 180-17-040, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 180-17-050 Release of a school district from designation as a required action district.

(1) The state board of education shall release a school district from designation as a required action district upon recommendation by the superintendent of public instruction, and confirmation by the board, that the district has met the requirements for release set forth in RCW 28A.657.100.

(2) If the board determines that the required action district has not met the requirements for a release in RCW 28A.657.100, the state board of education may determine that the district remain a Level I required action district and submit a new or revised required action plan under the process and timeline prescribed in WAC 180-17-020, or to the extent applicable in WAC 180-17-030, or following review by the education accountability system oversight committee authorized under RCW 28A.657.130, the board may assign the district to Level II status, according to the requirements of WAC 180-17-060. The oversight committee will have thirty calendar days to review and comment on the findings prior to a board determination.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-050, filed 4/3/19, effective 5/4/19. Statutory Authority: RCW 28A.657.040 - 28A.657.070 and 28A.657.105 - 28A.657.110. WSR 14-11-062, § 180-17-050, filed 5/18/14, effective 6/18/14. Statutory Authority: RCW 28A.657.120. WSR 10-23-083, § 180-17-050, filed 11/16/10, effective 12/17/10.

Wash. Admin. Code § 180-17-060 Designation of required action district to Level II status.

(1) For required action districts which have not demonstrated recent and significant progress toward the requirements for release under RCW 28A.657.100, the state board of education may direct that the district be assigned to Level II status of the required action process.

(2) Schools meeting their performance improvement goals, as required under WAC 180-105-020, for the all students group for two consecutive years, may also be deemed to have made recent and significant progress under this section. At the discretion of the state board of education, adjustments may be made to account for changes in standards or assessments, as well as fluctuation in the exit criteria over time due to a normative definition of "persistently lowest-achieving schools" as defined in WAC 392-501-720.

(3) Districts assigned by the state board of education as required action districts must be evaluated for exit under the same criteria used for their original designation into required action status; except, the board may, at its discretion, exit a district if subsequent changes in the exit criteria make them eligible for exit.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-060, filed 4/3/19, effective 5/4/19. Statutory Authority: RCW 28A.657.040 - 28A.657.070 and 28A.657.105 - 28A.657.110. WSR 14-11-062, § 180-17-060, filed 5/18/14, effective 6/18/14.

Wash. Admin. Code § 180-17-070 Level II needs assessment and revised required action plan requirements.

(1) Upon assignment of a school district to Level II required action district status, the state board shall notify the superintendent of public instruction who shall direct that a Level II needs assessment and review be conducted to determine the reasons why the previous required action plan did not succeed in improving student achievement. The superintendent of public instruction shall contract with an external review team to conduct a needs assessment and review. The review team must consist of persons under contract with the superintendent who have expertise in comprehensive school and district reform and may not include staff from agency, the school district that is the subject of the assessment, or members of the staff of the state board of education. The needs assessment shall be completed within ninety calendar days of the Level II designation and presented to the board at its next regularly scheduled meeting or a special board meeting.

(2) The needs assessment and review shall include an evaluation of the extent to which the instructional and administrative practices of the school materially changed in response to the original Level I needs assessment and the periodic reviews conducted by the office of the superintendent of public instruction, during Phase I required action. The needs assessment and review may consider both school and community factors which may include, but are not limited to, class size, resources and building capacity, recent bond or levy failures, kindergarten readiness, student mobility, poverty, student homelessness, rate of parental unemployment, and other factors contributing to the opportunity gap.

(3) Based on the results of the Level II needs assessment and review, the superintendent of public instruction shall work collaboratively with the school district board of directors to develop a revised required action plan for Level II. The school district board of directors shall seek public comment on the proposed Level II required action plan prior to submitting the plan to the state board of education for approval.

(4) The Level II required action plan shall include the following components:

(a) A list of the primary reasons why the previous plan did not succeed in improving student achievement.

(b) A list of the conditions which will be binding on the district in the Level II plan. These may include:

(i) Assignment of on-site school improvement specialists or other personnel by the superintendent of public instruction;

(ii) Targeted technical assistance to be provided through an educational service district or other provider;

(iii) Assignment or reassignment of personnel;

(iv) Reallocation of resources, which may include redirection of budgeted funds or personnel, as well as changes in use of instructional and professional development time;

(v) Changes to curriculum or instructional strategies;

(vi) Use of a specified school improvement model; or

(vii) Other conditions which the superintendent of public instruction determines to be necessary to ensure that the revised action plan will be implemented with fidelity and will result in improved student achievement.

(5) The plan shall be submitted to the state board of education for approval prior to the start of the school year in which implementation will take place, with a cover letter bearing the signatures of the superintendent of public instruction and the chair of the board of directors of the required action district, affirming mutual agreement to the plan.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-070, filed 4/3/19, effective 5/4/19. Statutory Authority: RCW 28A.657.040 - 28A.657.070 and 28A.657.105 - 28A.657.110. WSR 14-11-062, § 180-17-070, filed 5/18/14, effective 6/18/14.

Wash. Admin. Code § 180-17-080 Level II required action plan—Procedures for direct submission to state board of education by superintendent of public instruction and role of required action plan review panel.

(1) If the superintendent of public instruction and the school district board of directors are unable to come to an agreement on a Level II required action plan within ninety calendar days of the completion of the needs assessment and review conducted under subsection (2) of this section, the superintendent of public instruction shall complete and submit a Level II required action plan directly to the state board of education for approval. Such submissions must be presented and approved by the board prior start of the school year of implementation.

(2) The school district board of directors may submit a request to the required action plan review panel for reconsideration of the superintendent's Level II required action plan within ten calendar days of the submission of the plan to the state board of education. The state board of education will delay decision on the Level II required action plan for twenty calendar days from the date of the request, in order to receive any recommendations and comment provided by the review panel, which shall be convened expeditiously by the superintendent of public instruction as required, pursuant to RCW 28A.657.070 (2)(c). After the state board of education considers the recommendations of the required action review panel, the decision of the board regarding the Level II required action plan is final and not subject to further reconsideration. The board's decision must be made by public vote, with an opportunity for public comment provided at the same meeting.

(3) If changes to a collective bargaining agreement are necessary to implement a Level II required action plan, the procedures prescribed under RCW 28A.657.050 shall apply. A designee of the superintendent shall participate in the discussions among the parties to the collective bargaining agreement.

(4) In Level II required action, the superintendent of public instruction shall work collaboratively with the local board of education. However, if the superintendent of public instruction finds that the Level II required action plan is not being implemented as specified, including the implementation of any binding conditions within the plan, the superintendent may direct actions that must be taken by school district personnel and the board of directors to implement the Level II required action plan. If necessary, the superintendent of public instruction may exercise authority under RCW 28A.505.120 regarding allocation of funds.

(5) If the superintendent of public instruction seeks to make material changes to the Level II required action plan at any time, those changes must be submitted to the state board of education for approval at a public meeting where an opportunity for public comment is provided.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-080, filed 4/3/19, effective 5/4/19. Statutory Authority: RCW 28A.657.040 - 28A.657.070 and 28A.657.105 - 28A.657.110. WSR 14-11-062, § 180-17-080, filed 5/18/14, effective 6/18/14.

Wash. Admin. Code § 180-17-090 Input of the education accountability system oversight committee prior to Level II designations.

(1) Prior to assigning a required action district to Level II status, the board must hold a public hearing on the proposal, and must take formal action at a public meeting to submit its recommendation to the education accountability system oversight committee established in chapter 28A.657 RCW for review and comment.

(2) Prior to assigning a district to Level II status, the board must provide a minimum of thirty calendar days to receive comments by the education accountability system oversight committee. If written comment is provided by the committee, it shall be included in board meeting materials, and posted to the board's website for public review. The superintendent of public instruction may begin the Level II needs assessment process once the board has formally requested committee input on a Level II designation, but may not initiate any part of the required action process until the board has made an official designation into Level II status.

History

Statutory Authority: RCW 28A.657.040 - 28A.657.070 and 28A.657.105 - 28A.657.110. WSR 14-11-062, § 180-17-090, filed 5/18/14, effective 6/18/14.

Wash. Admin. Code § 180-17-100 Establishment of accountability framework to improve student achievement for all children.

(1) Pursuant to the requirements of RCW 28A.657.110 (chapter 159, Laws of 2013), the state board of education adopts the following guiding principles in fulfillment of its responsibility to establish an accountability framework. The framework establishes the guiding principles for a unified system of support for challenged schools that aligns with basic education, increases the level of support based upon the magnitude of need, and uses data for decisions.

(2) The statutory purpose of the accountability framework is to provide guidance to the superintendent of public instruction in the design of a comprehensive system of specific strategies for recognition, provision of differentiated support and targeted assistance and, if necessary, intervention in underperforming schools and school districts, as defined under RCW 28A.657.020.

(3) The board finds that the accountability system design and implementation should reflect the following principles and priorities:

(a) Student growth is an essential element in an effective school accountability system. However, inclusion of student growth shall not come at the expense of a commitment to and priority to get all students to academic standard. Washington's accountability system should work toward incorporating metrics of growth adequacy, which measure how much growth is necessary to bring students and schools to academic standard within a specified period of time. An objective standard of career and college-readiness for all students should remain the long-term focus of the system.

(b) The board recognizes that the transition to a new accountability system created practical challenges for shorter term goal-setting, as a new baseline of student performance is established on a series of more rigorous standards and assessments. Normative measures of accountability are a transitional strategy during periods of significant change. Long-term, however, the accountability framework shall establish objective standards for index performance tiers and exit criteria for required action status. The board does not support a permanent system of moving, normative performance targets for our schools and students. The long-term goal remains gradually reduced numbers of schools in the bottom deciles of the Washington school improvement framework.

(c) To the greatest extent allowable by federal regulations, the federal accountability requirements for Title I schools should be treated as an integrated aspect of the overall state system of accountability and improvement applying to all schools. The Washington school improvement framework should be used as the standard measure of school achievement, and should be directly aligned with designations of challenged schools in need of improvement made annually by the superintendent of public instruction, and the lists of persistently low-achieving schools as required under federal regulations.

(d) The integration of state and federal accountability policies should also be reflected in program administration. To the greatest extent allowed by federal regulation, state and federal improvement planning should be streamlined administratively through a centralized planning tool. Improvement and compliance plans required across various state programs and federal title programs should be similarly integrated to the extent allowable. Planning will become less burdensome and more meaningful when the linkages between programs become more apparent in the way they are administered.

(e) In the education accountability framework, goal-setting should be a reciprocal process and responsibility of the legislature, state agencies, and local districts and schools. The state education system should set clearly articulated performance goals for itself in a manner consistent with the planning requirements established for school districts and schools. State goal-setting should be grounded in what is practically achievable in the short-term and aspirational in the long-term, and should reflect realistic assumptions about the level of resources needed, and the time necessary, for implementation of reforms to achieve the desired system outcomes.

(f) Recognition of school success is an important part of an effective accountability framework. The board is committed to an annual process of school recognition, and believes that award-winning schools can make significant contributions to the success of the system by highlighting replicable best practices. All levels of success should be celebrated, including identifying improvement in low-performing schools, and highlighting examples of good schools that later achieve exemplary status.

(g) Fostering quality teaching and learning is the ultimate barometer of success for a system of school accountability and support. The central challenge for the superintendent of public instruction is developing delivery systems to provide the needed resources and technical assistance to schools in need, whether they be rural or urban, homogenous or diverse, affluent or economically challenged. In instances where traditional approaches have failed, the system will need to be prepared to develop innovative ways to secure the right instructional and leadership supports for districts and schools that need them.

History

Statutory Authority: RCW 28A.657.120. WSR 19-08-093, § 180-17-100, filed 4/3/19, effective 5/4/19. Statutory Authority: RCW 28A.657.040 - 28A.657.070 and 28A.657.105 - 28A.657.110. WSR 14-11-062, § 180-17-100, filed 5/18/14, effective 6/18/14.

Chapter 180-18 Waivers for restructuring purposes.

Wash. Admin. Code § 180-18-010 Purpose and authority.

(1) The purpose of this chapter is to support local educational improvement efforts by establishing policies and procedures by which schools and school districts may request waivers from basic education program approval requirements.

(2) The authority for this chapter is RCW 28A.300.750 and 28A.655.180(1).

History

Statutory Authority: RCW 28A.150.220 and 28A.300.750. WSR 20-03-162, § 180-18-010, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6). WSR 02-18-056, § 180-18-010, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.305.140 and 28A.630.945. WSR 98-05-001, § 180-18-010, filed 2/4/98, effective 3/7/98. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-054, § 180-18-010, filed 10/2/95, effective 11/2/95.

Wash. Admin. Code § 180-18-030 Waiver from total instructional hour requirements.

A district desiring to improve student achievement by enhancing the educational program for all students may apply to the superintendent of public instruction for a waiver from the total instructional hour requirements. The superintendent of public instruction may grant said waiver requests that demonstrate the waiver is necessary to support improving student achievement pursuant to RCW 28A.300.750 and WAC 180-18-050 for up to three school years.

History

Statutory Authority: RCW 28A.150.220 and 28A.300.750. WSR 20-03-162, § 180-18-030, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.300.750 and 28A.305.141. WSR 18-24-090, § 180-18-030, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6), 28A.655.180. WSR 07-20-030, § 180-18-030, filed 9/24/07, effective 10/25/07. Statutory Authority: Chapter 28A.630 RCW. WSR 01-24-092, § 180-18-030, filed 12/4/01, effective 1/4/02. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-054, § 180-18-030, filed 10/2/95, effective 11/2/95.

Wash. Admin. Code § 180-18-040 Waivers from minimum one hundred eighty-day school year requirement.

(1) A district desiring to improve student achievement by enhancing the educational program for all students in the district or for individual schools in the district may apply to the superintendent of public instruction for a waiver from the provisions of the minimum one hundred eighty-day school year requirement pursuant to RCW 28A.300.750 and WAC 180-16-215 while offering the equivalent in annual minimum instructional hours as prescribed in RCW 28A.150.220 in such grades as are conducted by such school district. The superintendent of public instruction may grant said waiver requests for up to three school years.

(2) The superintendent of public instruction, pursuant to RCW 28A.300.750, shall evaluate the need for a waiver based on whether:

(a) The resolution by the board of directors of the requesting district attests that if the waiver is approved, the district will meet the required annual instructional hour offerings under RCW 28A.150.220(2) in each of the school years for which the waiver is requested;

(b) The purpose and goals of the district's waiver plan are closely aligned with school improvement plans under WAC 180-16-220 and any district improvement plan;

(d) The plan states clear and specific activities to be undertaken that are based in evidence and likely to lead to attainment of the stated goals;

(e) The plan specifies at least one state or locally determined assessment or metric that will be used to collect evidence to show the degree to which the goals were attained;

(f) The plan describes in detail the participation of administrators, teachers, other district staff, parents, and the community in the development of the plan;

(g) The plan summarizes how the district considered equity in the development of the plan. This may include, but is not limited to, an equity analysis, community feedback, or other means to assess the consequences of the waiver.

(3) In addition to the requirements of subsection (2) of this section, the superintendent of public instruction shall evaluate requests for a waiver that would represent the continuation of an existing waiver for additional years based on the following:

(a) The effectiveness of the implemented activities in achieving the goals of the plan for student achievement;

(b) Explanation of how the effectiveness of the plan is measured;

(d) Support by administrators, teachers, other district staff, parents, and the community for continuation of the waiver.

History

Statutory Authority: RCW 28A.150.220 and 28A.300.750. WSR 20-03-162, § 180-18-040, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.300.750 and 28A.305.141. WSR 18-24-090, § 180-18-040, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.305.140(2) and 28A.305.141(3). WSR 12-24-049, § 180-18-040, filed 11/30/12, effective 12/31/12. Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-18-040, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.305.140 and 28A.655.180. WSR 10-10-007, § 180-18-040, filed 4/22/10, effective 5/23/10. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6), 28A.655.180. WSR 07-20-030, § 180-18-040, filed 9/24/07, effective 10/25/07. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-054, § 180-18-040, filed 10/2/95, effective 11/2/95.

Wash. Admin. Code § 180-18-050 Procedure to obtain waiver.

(1) Superintendent of public instruction approval of district waiver requests pursuant to WAC 180-18-030 and 180-18-040 shall occur prior to implementation. A district's waiver application shall include, at a minimum, a resolution adopted by the district board of directors, an application form, a proposed school calendar, and a summary of the collective bargaining agreement with the local education association stating the number of professional development days, full instruction days, late-start and early-release days, and the amount of other noninstruction time. The resolution shall identify the basic education requirement for which the waiver is requested and include information on how the waiver will support improving student achievement. The resolution must include a statement attesting that the district will meet the minimum instructional hours requirement of RCW 28A.150.220(2) under the waiver plan. The resolution shall be accompanied by information detailed in the guidelines and application form available on the office of superintendent of public instruction's website.

(2)(a) The application for a waiver and all supporting documentation must be received by the superintendent of public instruction based on a schedule issued by the superintendent of public instruction and prior to implementation of the waiver days. The superintendent of public instruction shall review all applications and supporting documentation to insure the accuracy of the information. In the event that deficiencies are noted in the application or documentation, districts will have the opportunity to make corrections and to seek superintendent of public instruction approval upon resubmittal.

(b) Based on a schedule issued by the superintendent of public instruction, the superintendent of public instruction will, on a determination that the required information and documentation has been submitted, notify the requesting district that the requirements of this section have been met and a waiver has been granted.

(3) Under this section, a district seeking to obtain a waiver of no more than five days from the provisions of the minimum one hundred eighty-day school year requirement pursuant to RCW 28A.300.750 solely for the purpose of conducting parent-teacher conferences shall provide notification to the superintendent of public instruction at least thirty days prior to implementation of the plan. A request for more than five days must be presented to the superintendent of public instruction under subsection (1) of this section for approval. The notice shall provide information and documentation as directed by the superintendent of public instruction. The information and documentation shall include, at a minimum:

(a) An adopted resolution by the school district board of directors which shall state, at a minimum, the number of school days and school years for which the waiver is requested, and attest that the district will meet the minimum instructional hours requirement of RCW 28A.150.220(2) under the waiver plan; and

(b) The number of partial days that will be reduced as a result of implementing the waiver plan.

History

Statutory Authority: RCW 28A.150.220 and 28A.300.750. WSR 20-03-162, § 180-18-050, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.300.750 and 28A.305.141. WSR 18-24-090, § 180-18-050, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.305.140(2) and 28A.305.141(3). WSR 12-24-049, § 180-18-050, filed 11/30/12, effective 12/31/12. Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-18-050, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.305.140 and 28A.655.180. WSR 10-10-007, § 180-18-050, filed 4/22/10, effective 5/23/10. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, 28A.305.130(6), 28A.655.180. WSR 07-20-030, § 180-18-050, filed 9/24/07, effective 10/25/07. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-18-050, filed 2/3/04, effective 3/5/04. Statutory Authority: Chapter 28A.630 RCW and 1995 c 208. WSR 95-20-054, § 180-18-050, filed 10/2/95, effective 11/2/95.

Wash. Admin. Code § 180-18-055 Alternative high school graduation requirements.

(1) The shift from a time and credit based system of education to a standards and performance based education system will be a multiyear transition. In order to facilitate the transition and encourage local innovation, the state board of education finds that current credit-based graduation requirements may be a limitation upon the ability of high schools and districts to make the transition with the least amount of difficulty. Therefore, the state board will provide districts and high schools the opportunity to create and implement alternative graduation requirements.

(2) A school district, or high school with permission of the district board of directors, or approved private high school, desiring to implement a local restructuring plan to provide an effective educational system to enhance the educational program for high school students, may apply to the state board of education for a waiver from one or more of the requirements of chapter 180-51 WAC.

(3) The state board of education may grant the waiver for a period up to four school years.

(4) The waiver application shall be in the form of a resolution adopted by the district or private school board of directors which includes a request for the waiver and a plan for restructuring the educational program of one or more high schools which consists of at least the following information:

(a) Identification of the requirements of chapter 180-51 WAC to be waived;

(b) Specific standards for increased student learning that the district or school expects to achieve;

(d) How the district or school plans to determine if the higher standards are met;

(e) Evidence that the board of directors, teachers, administrators, and classified employees are committed to working cooperatively in implementing the plan;

(f) Evidence that students, families, parents, and citizens were involved in developing the plan; and

(g) Identification of the school years subject to the waiver.

(5) The plan for restructuring the educational program of one or more high schools may consist of the school improvement plans required under WAC 180-16-220, along with the requirements of subsection (4)(a) through (d) of this section.

(6) The application also shall include documentation that the school is successful as demonstrated by indicators such as, but not limited to, the following:

(a) The school has clear expectations for student learning;

(b) The graduation rate of the high school for the last three school years;

(d) The college admission rate of the school's graduates the last three school years;

(e) Use of student portfolios to document student learning;

(f) Student scores on the high school Washington assessments of student learning;

(g) The level and types of family and parent involvement at the school;

(h) The school's annual performance report the last three school years;

(i) The level of student, family, parent, and public satisfaction and confidence in the school as reflected in any survey done by the school within the last three school years;

(j) The plan summarizes how the district considered equity in the development of the plan. This may include, but is not limited to, an equity analysis, community feedback, or other means to assess the consequences of the waiver.

(7) A waiver of WAC 180-51-060 may be granted only if the district or school provides documentation and rationale that any noncredit based graduation requirements that will replace in whole or in part WAC 180-51-060, will support the state's performance-based education system being implemented pursuant to RCW 28A.630.885, and the noncredit based requirements meet the minimum college core admissions standards as accepted by the higher education coordinating board for students planning to attend a baccalaureate institution.

(8) A waiver granted under this section may be renewed upon the state board of education receiving a renewal request from the school district board of directors. Before filing the request, the school district shall conduct at least one public meeting to evaluate the educational requirements that were implemented as a result of the waiver. The request to the state board shall include information regarding the activities and programs implemented as a result of the waiver, whether higher standards for students are being achieved, assurances that students in advanced placement or other postsecondary options programs, such as but not limited to: College in the high school, running start, and tech-prep, shall not be disadvantaged, and a summary of the comments received at the public meeting or meetings.

(9) Any waiver requested under this section will be granted with the understanding that the state board of education will affirm that students who graduate under alternative graduation requirements have in fact completed state requirements for high school graduation in a nontraditional program.

(10) Any school or district granted a waiver under this chapter shall report annually to the state board of education, in a form and manner to be determined by the board, on the progress and effects of implementing the waiver.

History

Statutory Authority: RCW 28A.150.220 and 28A.300.750. WSR 20-03-162, § 180-18-055, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.300.750 and 28A.305.141. WSR 18-24-090, § 180-18-055, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.150.220 and 28A.305.140. WSR 04-23-006, § 180-18-055, filed 11/4/04, effective 12/5/04. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-18-055, filed 2/3/04, effective 3/5/04. Statutory Authority: RCW 28A.230.090, 28A.305.140 and 28A.600.010. WSR 99-10-094, § 180-18-055, filed 5/4/99, effective 6/4/99.

Wash. Admin. Code § 180-18-065 Waiver from one hundred eighty-day school year requirement for purposes of economy and efficiency—Criteria for evaluation of waiver requests.

(1) In order to be granted a waiver by the superintendent of public instruction under RCW 28A.305.141 to operate one or more schools on a flexible calendar for purposes of economy and efficiency, a school district eligible for such waiver must meet each of the requirements of RCW 28A.305.141(2).

(2) In the event that a greater number of requests for waivers are received that meet the requirement of subsection (1) of this section than may be granted by the superintendent of public instruction under RCW 28A.305.141(3), if the superintendent of public instruction determines that the applying districts are otherwise eligible, their applications will be prioritized based on the following criteria:

(a) Districts that are already operating on a flexible calendar under this waiver program;

(b) Those plans that best redirect monetary savings from the proposed flexible calendar to support student learning;

(c) The plan summarizes how the district considered equity in the development of the plan. This may include, but is not limited to, an equity analysis, community feedback, or other means to assess the consequences of the waiver; and

(d) Other relevant information that may include financial savings, academic indicators, quality of application, community support, and alignment to the district's strategic plan.

History

Statutory Authority: RCW 28A.150.220 and 28A.300.750. WSR 20-03-162, § 180-18-065, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.300.750 and 28A.305.141. WSR 18-24-090, § 180-18-065, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.305.140(2) and 28A.305.141(3). WSR 12-24-049, § 180-18-065, filed 11/30/12, effective 12/31/12.

Wash. Admin. Code § 180-18-090 Alternative option to WAC 180-18-055.

See WAC 180-51-050 (1)(b) as another option to award high school credit on the basis of competency.

History

Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-18-090, filed 2/3/04, effective 3/5/04.

Wash. Admin. Code § 180-18-100 District waiver from requirement for student access to career and technical education course equivalencies.

(1) Any school district reporting, in any school year, an October P223 headcount of fewer than two thousand students as of January of that school year may apply to the superintendent of public instruction for a waiver of up to two years from the provisions of RCW 28A.230.010(2) for the subsequent school year.

(2) In any application for a waiver under this section, the district shall demonstrate that students enrolled in the district do not have and cannot be provided reasonable access, through high schools, interdistrict cooperatives, skill centers or branch or satellite skill centers, or through online learning or applicable running start vocational courses, to grant academic course equivalency for at least one statewide equivalency high school career and technical education course from the list of courses approved by the superintendent of public instruction under RCW 28A.700.070.

(3) On a determination that the students enrolled in the district do not and cannot be provided reasonable access to at least one career and technical education course that is considered to grant academic course equivalency for at least one statewide equivalency high school career and technical education course under subsection (2) of this section, the superintendent of public instruction shall grant the waiver for the term of years requested.

(4) The office of superintendent of public instruction shall post on its website an application form for use by a district in applying for a waiver under this section. A completed application must be signed by the chair or president of the district's board of directors and superintendent.

(5) In order to provide sufficient notice to students, parents, and staff, the application must be submitted to the superintendent of public instruction in electronic form no later than the deadline established by the office of superintendent of public instruction. The office of superintendent of public instruction shall post a list of all approved applications on its public website.

History

Statutory Authority: RCW 28A.150.220 and 28A.300.750. WSR 20-03-162, § 180-18-100, filed 1/21/20, effective 2/21/20. Statutory Authority: RCW 28A.230.010. WSR 18-23-012, § 180-18-100, filed 11/8/18, effective 12/9/18. Statutory Authority: 2014 c 217 and RCW 28A.230.090. WSR 14-19-032, § 180-18-100, filed 9/8/14, effective 10/9/14.

Chapter 180-19 Charter schools.

Wash. Admin. Code § 180-19-010 Definitions.

(1) "At‐risk student" or "systemically marginalized student" means a student who has an academic or economic disadvantage that requires assistance or special services to succeed in educational programs. The term includes, but is not limited to, students who do not meet minimum standards of academic proficiency, students who are at risk of dropping out of high school, students in chronically low‐performing schools, students with higher than average disciplinary sanctions, students with lower participation rates in advanced or gifted programs, students who are limited in English proficiency, students who are members of economically disadvantaged families, and students who are identified as having special educational needs.

(2) "Authorizer" means a school district board of directors that has been approved to be a charter school authorizer under RCW 28A.710.090 and the charter school commission established under RCW 28A.710.070.

(3) "Board" means the state board of education.

(4) "Charter contract" means a fixed term, renewable contract between a charter school and an authorizer that outlines the roles, powers, responsibilities, and performance expectations for each party to the contract.

(5) "School district" or "district" means a school district board of directors.

(6) "Charter school" or "charter public school" means a public school that is established in accordance with chapter 28A.710 RCW, governed by a charter school board, and operated according to the terms of a charter contract executed under this chapter.

(7) "Charter school board" means the board of directors appointed or selected under the terms of a charter application to manage and operate the charter school.

(8) "Commission" means the Washington state charter school commission established in RCW 28A.710.070.

(9) "NACSA Principles and Standards" means the "Principles and Standards for Quality Charter Authorizing (2015 Edition or most current edition)" developed by the National Association of Charter School Authorizers (NACSA).

(10) "High percentage of charter school closures" means a higher percentage of closures than the national charter school closure rate as reported by NACSA.

(11) "Parent" means a parent, guardian, or other person or entity having legal custody of a child.

(12) "Student" means a child eligible to attend a public school in the state.

(13) "Undeveloped" means that the application response is wholly inadequate in that the applicant has not considered or anticipated the well‐developed practice at all, or proposes to carry out its authorizing duties in a way that is not recognizably connected to the expectations established by the board and the NACSA Principles and Standards.

(14) "Partially developed" means that the application response contains some aspects of a well‐developed practice, is limited in its execution, or otherwise falls short of satisfying the expectations established by the board and the NACSA Principles and Standards.

(15) "Well-developed" means that the application response meets the expectations established by the board and the NACSA Principles and Standards in material respects and warrants approval subject to execution of an authorizing contract with the board.

(16) "Persistently unsatisfactory performance of an authorizer's portfolio of charter schools" shall consist, for any school or schools, of:

(a) Repeated failure during a contract term, or consecutive contract terms, to meet the expectations for academic performance set forth in the charter contract including, but not limited to, applicable state and federal accountability requirements, without evidence of a trend indicating the school will meet those expectations;

(b) Repeated failure during a contract term, or consecutive contract terms, to meet the financial performance targets within the charter contract;

(c) Repeated failure during a contract term, or consecutive contract terms, to meet the targets for organizational performance within the charter contract.

(17) "A pattern of well‐founded complaints" means multiple complaints that are found by the board to be supported by sufficient factual information that:

(a) An authorizer is not in compliance with its authorizing contract, or its authorizer duties, including the failure to develop and follow nationally recognized principles and standards for charter authorizing; or

(b) Schools in the authorizer's portfolio that are not in compliance with a charter contract or applicable law.

(18) "Other objective circumstances" include, but are not limited to, failure of the authorizer or its charter schools to comply with an applicable state or federal law or regulation, or evidence that a charter school is not operating in a manner that fulfills the requirements of its charter contract or has a substantial risk of becoming operationally unable to fulfill those requirements.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-010, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-010, filed 10/2/17, effective 11/2/17
WSR 14-19-107, § 180-19-010, filed 9/16/14, effective 10/17/14. Statutory Authority: RCW 28A.710.090. WSR 13-07-065, § 180-19-010, filed 3/19/13, effective 4/19/13.

Wash. Admin. Code § 180-19-030 Submission of authorizer application.

(1) The state board of education shall develop and make available on its website, no later than May 15th of each year, an "authorizer application" that must be used by school districts seeking to be approved as a charter school authorizer. The application may include such attachments as deemed required by the board to support and complete the application.

(2) A school district seeking approval to be a charter school authorizer must submit an "authorizer application" to the state board of education. The district's completed application must be submitted according to instructions posted by the board with the application. Completed applications must be received no less than 30 days prior to the board meeting at which they will be considered. The board shall post on its website each application received from a school district.

(3) A district seeking renewal of authorization shall submit a "renewal application" to the state board of education no less than 30 days prior to the board meeting at which they will be considered and no less than 90 days prior to expiration of the current authorization.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-030, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, 28A.710.150 and chapter 28A.710 RCW. WSR 21-05-017, § 180-19-030, filed 2/5/21, effective 3/8/21. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-030, filed 10/2/17, effective 11/2/17
WSR 14-19-107, § 180-19-030, filed 9/16/14, effective 10/17/14. Statutory Authority: RCW 28A.710.090. WSR 13-07-065, § 180-19-030, filed 3/19/13, effective 4/19/13.

Wash. Admin. Code § 180-19-035 Content of authorizer application.

(1) A school district must provide sufficient and detailed information regarding all of the following in the authorizer application submitted to the board:

(a) The district's strategic vision for chartering. The district must state the purposes that it expects to fulfill in being an authorizer of charter schools, with reference to any district-specific purposes that are a priority for the district; the educational goals it wishes to achieve; how it will give priority to serving at-risk students, as defined in RCW 28A.710.010(2), or students from low-performing schools; and how it will respect the autonomy and ensure the accountability of the charter schools it oversees.

(b) A plan to support the vision presented, including explanations and evidence of the district's budget and personnel capacity and commitment to execute the responsibilities of quality charter authorizing. "Budget and personnel capacity" means the district's capability of providing sufficient oversight, monitoring, and assistance to ensure that the charter schools it authorizes will meet all fiscal, academic and operational requirements under chapter 28A.710 RCW and comply with all applicable state and federal laws. A district's evidence of budget and personnel capacity shall consist, at a minimum, of a detailed description of the following:

(i) Staff resources to be devoted to charter authorizing and oversight under chapter 28A.710 RCW, in full-time equivalent employees, at a level sufficient to fulfill its authorizing responsibilities in accordance with the NACSA Principles and Standards and the provisions of chapter 28A.710 RCW; and

(ii) An estimate, supported by verifiable data, of the financial needs of the authorizer and a projection, to the extent feasible, of sufficient financial resources, supported by the authorizer oversight fee under RCW 28A.710.110 and any other resources, to carry out its authorizing responsibilities in accordance with the NACSA Principles and Standards and the provisions of chapter 28A.710 RCW.

(c) A draft or preliminary outline of the request for proposal that the district would, if approved as an authorizer, issue to solicit charter school applications. The draft or preliminary outline of the request for proposal(s) shall meet all of the requirements set forth in RCW 28A.710.130 (1)(b) and demonstrate that the district will implement a comprehensive charter application process that follows fair procedures and rigorous criteria, and an evaluation and oversight process based on a performance framework meeting the requirements of RCW 28A.710.170.

(d) A draft of the performance framework that the district would, if approved as an authorizer, use to guide the execution of a charter contract and for ongoing oversight and performance evaluation of charter schools. The draft of the performance framework shall, at a minimum, meet the requirements of RCW 28A.710.170(2) including descriptions of each indicator, measure and metric enumerated therein, and shall provide that student academic proficiency, student academic growth, achievement gaps in both proficiency and growth, graduation rates, and postsecondary readiness are measured and reported in conformance with the achievement index developed by the state board of education under RCW 28A.657.110.

(e) A draft of the district's proposed renewal, revocation, nonrenewal, and transfer processes for charter schools, consistent with RCW 28A.710.190, 28A.710.200, and 28A.710.210. The draft provided must, at a minimum, provide for the implementation of transparent and rigorous processes that:

(i) Establish clear standards for renewal, nonrenewal, and revocation of charters it may authorize under RCW 28A.710.100;

(ii) Set reasonable and effective timelines for actions that may be taken under RCW 28A.710.190 and 28A.710.200;

(iii) Describe how academic, financial and operational performance data will be used in making decisions under RCW 28A.710.190 and 28A.710.200;

(iv) Outline a plan to take appropriate corrective actions, or exercise sanctions short of revocation, in response to identified deficiencies in charter school performance or legal compliance, in accordance with the charter contract and the provisions of RCW 28A.710.180;

(v) Outline a plan to ensure timely notification to parents, orderly transition of students and student records to new schools, as necessary, and proper disposition of public school funds, property, and assets, in accordance with RCW 28A.710.210.

(2) A district must sign a statement of assurances submitted with its application, which shall be included as an attachment to the authorizing contract executed between the approved district and the state board of education, stating that it seeks to serve as an authorizer in fulfillment of the expectations, spirit, and intent of chapter 28A.710 RCW, and that if approved as an authorizer it will:

(a) Seek opportunities for authorizer professional development, and assure that personnel with significant responsibilities for authorizing and oversight of charter schools will participate in any authorizer training provided or required by the state;

(b) Provide public accountability and transparency in all matters concerning charter authorizing practices, decisions, and expenditures;

(c) Ensure that any charter school it oversees shall have a fully independent governing board and exercise autonomy in all matters, to the extent authorized by chapter 28A.710 RCW, in such areas as budgeting, personnel and instructional programming and design;

(d) Ensure that any contract it may execute with the charter school board of an approved charter school under RCW 28A.710.160 provides that the school will provide educational services to students with disabilities, students who are limited-English proficient, and any other special populations of students as required by state and federal laws;

(e) Include in any charter contract it may execute with the charter school board of an approved charter school, in accordance with RCW 28A-710-040 (2)(b), that the charter school must provide a program of basic education that at a minimum meets the requirements of RCW 28A.150.200 and 28A.150.220, and meets the goals in RCW 28A.150.210, including instruction in the essential learning requirements and participation in the statewide student assessment system as developed under RCW 28A.655.070.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-035, filed 3/7/24, effective 4/7/24.

Wash. Admin. Code § 180-19-040 Evaluation and approval or denial of authorizer applications.

(1) The board shall evaluate an application submitted by a school district seeking to be an authorizer and issue a decision on the application at their next regularly scheduled meeting.

(2) In evaluating each application, the board will rate each part of the application as set forth in this chapter as well-developed, partially developed, or undeveloped, based on criteria for evaluation included in the authorizer application developed and made publicly available pursuant to WAC 180-19-030.

(3) In its evaluation the board will consider whether the district's proposed policies and practices are consistent with the NACSA Principles and Standards as required by RCW 28A.710.100(3), in at least the following areas:

(a) Organizational capacity: Commit human and financial resources necessary to conduct authorizing duties effectively and efficiently;

(b) Solicitation and evaluation of charter applications: Implement a comprehensive application process that includes clear application questions and rigorous criteria, and grants charters only to applicants who demonstrate strong capacity to establish and operate a charter school;

(c) Performance contracting: Execute contracts with charter schools that articulate the rights and responsibilities of each party regarding school autonomy, funding, administration and oversight, outcomes, measures for evaluating success or failure, performance consequences, and other material terms;

(d) Ongoing charter school oversight and evaluation: Conduct contract oversight that competently evaluates performance and monitors compliance, ensures schools' legally entitled autonomy, protects student rights, informs intervention, revocation and renewal decisions, and provides annual reports as required by chapter 28A.710 RCW; and

(e) Charter renewal and revocation decision making: Design and implement a transparent and rigorous process that uses comprehensive academic, financial and operational performance data to make merit-based renewal decisions, and revokes charters when necessary to protect student and public interests.

(4) The board may utilize the services of external reviewers with expertise in educational, organizational, or financial matters in evaluating applications.

(5) Prior to approving any application, the board may require an interview with district leadership for the purpose of reviewing and evaluating the application. The interview may be used to supplement or clarify information provided by the district in the written application. The information received in the interview may be considered in formulating the overall ratings of the application under subsection (2) of this section.

(6) For an application to be approved, the board must find it to be well developed in each part of the application as set forth in this chapter. A determination that an application does not meet standards of quality authorizing in any part shall constitute grounds for disapproval. If the state board disapproves an application, it shall state in writing the reasons for the disapproval, with specific reference to the criteria included in the authorizer application.

(7) The board shall post on its public website the applications of all school districts approved as authorizers within 10 business days of approval. A school district approved as an authorizer shall post an announcement of its approved application and a link to the board's website on a public website within 10 business days of approval.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-040, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, 28A.710.150 and chapter 28A.710 RCW. WSR 21-05-017, § 180-19-040, filed 2/5/21, effective 3/8/21. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-040, filed 10/2/17, effective 11/2/17
WSR 14-19-107, § 180-19-040, filed 9/16/14, effective 10/17/14. Statutory Authority: RCW 28A.710.090. WSR 13-07-065, § 180-19-040, filed 3/19/13, effective 4/19/13.

Wash. Admin. Code § 180-19-050 Authorizing contract.

(1) If the board approves a district's application, it shall execute a renewable authorizing contract with the school district within thirty days of its decision. The contract shall specify the district's agreement to serve as an authorizer in accordance with the expectations of chapter 28A.710 RCW and specify additional performance terms based on the district's proposal and plan for chartering as set forth in its application.

(2) The statement of assurances submitted with an authorizer application shall be incorporated as an attachment to the authorizing contract and incorporated by reference as if fully set forth therein.

History

Statutory Authority: RCW 28A.710.090. WSR 13-07-065, § 180-19-050, filed 3/19/13, effective 4/19/13.

Wash. Admin. Code § 180-19-060 Authorizer oversight fee.

The statewide formula for the authorizer oversight fee transmitted to an authorizer by the superintendent of public instruction, as provided for in RCW 28A.710.110, shall be calculated as a percentage of the state operating funding distributed to charter schools under RCW 28A.710.220 to each charter school under the jurisdiction of an authorizer, but may not exceed four percent of each charter school's annual funding.

(1) The rate shall be determined annually by the state board of education in consultation with the school district authorizer or the commission as applicable.

(2) The determination of the rate shall take into consideration the performance of schools under the authorizer's oversight including, but not limited to, enrollment, financial stability, performance challenges, and other situations as identified by the authorizer or the board.

(3) Changes to the rates must be determined and reported to authorizers and the office of the superintendent of public instruction by April 15th to take effect for the subsequent school year.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-060, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, 28A.710.150 and chapter 28A.710 RCW. WSR 21-05-017, § 180-19-060, filed 2/5/21, effective 3/8/21. Statutory Authority: Chapter 28A.710 RCW. WSR 13-12-055, § 180-19-060, filed 6/1/13, effective 7/2/13.

Wash. Admin. Code § 180-19-070 Charter school—Request for proposals.

No later than March 1st, each authorizer shall annually issue solicitations for proposals for charter schools meeting the requirements of RCW 28A.710.130.

History

Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-070, filed 10/2/17, effective 11/2/17
WSR 14-19-107, § 180-19-070, filed 9/16/14, effective 10/17/14. Statutory Authority: Chapter 28A.710 RCW. WSR 13-12-055, § 180-19-070, filed 6/1/13, effective 7/2/13.

Wash. Admin. Code § 180-19-080 Charter school applications—Submission, approval, or denial.

(1) An applicant, as defined in RCW 28A.710.010, seeking approval must:

(a) Submit a nonbinding notice of intent to be approved as a proposed charter school by May 1st of the year in which approval is sought. An applicant may not submit a charter school application in a calendar year unless it has filed timely notice of intent as provided herein; and

(b) Submit an application for a proposed charter school to an authorizer by no later than June 1st of the year in which the applicant seeks approval.

(2) An authorizer receiving an application for a proposed charter school must either approve or deny the proposal by no later than September 1st of the year in which the application is received.

(3) The authorizer must provide the state board of education with a written report of the approval or denial of an applicant's proposal for a charter school within ten days of such action. The notice must comply with the requirements set forth in RCW 28A.710.150(2). The report shall be sent to the board via electronic mail to sbe@k12.wa.us.

History

Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, 28A.710.150 and chapter 28A.710 RCW. WSR 21-05-017, § 180-19-080, filed 2/5/21, effective 3/8/21. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-080, filed 10/2/17, effective 11/2/17
WSR 14-19-107, § 180-19-080, filed 9/16/14, effective 10/17/14. Statutory Authority: Chapter 28A.710 RCW. WSR 13-12-055, § 180-19-080, filed 6/1/13, effective 7/2/13.

Wash. Admin. Code § 180-19-090 Board certification of charter schools—Lottery.

(1) Upon receipt of notice from an authorizer that a charter school has been approved, the chair of the state board of education shall certify whether the approval is in compliance with the limits in RCW 28A.710.150 on the maximum number of charter schools that may be established. Certification from the board must be obtained before final authorization of a charter school. The certification of a charter school shall be posted on the board's website.

(2) If the board receives notification of charter approvals under this section on the same day, and the total number of approvals exceeds the limits in RCW 28A.710.150(1) on the maximum number of charter schools that may be established for operation in any single year, the board will select approved charters for certification through a lottery process as follows:

(a) The board shall notify the authorizer that the approved charter school has not been certified by the board for operation and must be selected for certification through a lottery.

(b) Within thirty days after determining that the limit for charter schools has been exceeded, the board shall conduct a lottery, as required by RCW 28A.710.150(3), at a publicly noticed meeting to select and certify approved charters for implementation. The board shall randomly draw the names of charter schools from the available pool of approved charter schools that have not been certified until the maximum allowable total number of charter schools has been selected.

(c) Once the total number of charter schools that may be established in any single year under RCW 28A.710.150 is exceeded, the board shall certify a charter school for operation in a subsequent year in which a charter school may be established within the limits set forth in RCW 28A.710.150(1), based upon the charter's selection in the lottery.

History

Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 14-19-107, § 180-19-090, filed 9/16/14, effective 10/17/14. Statutory Authority: Chapter 28A.710 RCW. WSR 13-12-055, § 180-19-090, filed 6/1/13, effective 7/2/13.

Wash. Admin. Code § 180-19-200 Computation of time.

(1) "Days" means calendar day whenever used in this chapter, unless otherwise specified. The period of time for performing an act governed by this chapter is determined by excluding the first day and including the last day, unless the last day is an official state holiday, Saturday, or Sunday, in which event the period runs until the end of the next business day.

(2) If a specific due date is established under this chapter, and that date falls on a Saturday, Sunday, or official state holiday, such period is automatically extended to the end of the next business day.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 13-12-055, § 180-19-200, filed 6/1/13, effective 7/2/13.

Wash. Admin. Code § 180-19-210 Annual report by authorizer.

(1) Each authorizer must, no later than January 21st of each year, submit an annual report to the state board of education meeting the requirements of RCW 28A.710.100(4). The board shall develop and post on its website by June 1st of each year a standard form which must be used, and instructions which must be followed by each authorizer in making its report. The completed report must be sent via electronic mail to sbe@k12.wa.us and shall be posted on the board's website.

(2) The report of district authorizers must include the information in (a) through (k) of this subsection, and the report of the commission must include (d) through (k) of this subsection:

(a) The date of authorizer approval by the board;

(b) The names and job titles of district personnel having principal authorizing responsibilities with contact information for each;

(c) The names and job titles of any employees or contractors to whom the district has delegated responsibilities under RCW 28A.710.100, with contact information for each;

(d) An executive summary including, but not limited to, an overview of authorizing activity during the prior year and the status and performance of the charter schools authorized;

(e) The authorizer's strategic vision for chartering, as submitted to the state board under WAC 180-19-035 (1)(a), and its assessment of progress toward achieving that vision;

(f) The status of the charter school portfolio, identifying all charter schools in each of the following categories:

(i) Approved but not yet open, including for each, the targeted student population and the community the school hopes to serve; the location or geographic area proposed for the school; the projected enrollment; the grades to be operated each year of the term of the charter contract; the names of and contact information for the charter school board, and the planned date for opening;

(ii) Operating, including for each, location; grades operated; enrollment in total and by grade; and for each student subgroup as defined in RCW 28A.300.042 in totals and as percentages of enrollment;

(iii) Charter renewed with date of renewal;

(iv) Charter transferred to another authorizer during the prior year, with date of transfer;

(v) Charter revoked during the prior year with date of and reasons for revocation;

(vi) Voluntarily closed;

(vii) Never opened, with no planned date for opening.

(g) The academic performance of each operating charter school overseen by the authorizer, based on the authorizer's performance framework, including:

(i) Student achievement on each of the required indicators of academic performance in RCW 28A.710.170 (2)(a) through (f), as applicable by grade, in absolute values and in comparison to the annual performance targets set by the charter school under RCW 28A.710.170(3). Student academic proficiency, student academic growth, achievement gaps, graduation rates and postsecondary readiness must be included as reported in the achievement index developed by the state board of education under RCW 28A.657.110.

(ii) Student achievement on each additional indicator of academic performance the authorizer has chosen to include in its performance framework to augment external evaluations of performance, in absolute values and in comparison to the annual performance targets set by the authorizer under RCW 28A.710.170.

(iii) Student achievement on each indicator must be disaggregated by major student subgroups including gender, race and ethnicity, poverty status, special education status, English language learner status, and highly capable status as required of performance frameworks in RCW 28A.710.170.

(h) The financial performance of each operating charter school overseen by the authorizer, based on the indicators and measures of financial performance and sustainability in the authorizer's performance framework, in absolute values and in comparison to the annual performance targets set by the authorizer under RCW 28A.710.170;

(i) The organizational performance of the charter school board of each operating charter school overseen by the authorizer, based on the indicators and measures of organizational performance in the authorizer's performance framework, including compliance with all applicable laws, rules and terms of the charter contract;

(j) Assessment of the adequacy of the authorizer oversight fee, operating costs and expenses for the prior year for fulfilling the responsibilities enumerated in RCW 28A.710.100(1) and provided under the terms of each charter contract, detailed in annual financial statements that conform with generally accepted accounting principles and applicable reporting and accounting requirements of the office of the superintendent of public instruction;

(k) The contracted, fee-based services purchased from the authorizer by the charter schools under its jurisdiction under RCW 28A.710.110, including a brief description of each service purchased, an itemized accounting of the revenue received from the schools for the services, and the actual costs of these services to the authorizer.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-210, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, 28A.710.150 and chapter 28A.710 RCW. WSR 21-05-017, § 180-19-210, filed 2/5/21, effective 3/8/21. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-210, filed 10/2/17, effective 11/2/17. Statutory Authority: RCW 28A.710.100. WSR 14-02-060, § 180-19-210, filed 12/26/13, effective 1/26/14.

Wash. Admin. Code § 180-19-220 Oversight of authorizers—General provisions.

(1) The state board of education is responsible under RCW 28A.710.120 for overseeing the effectiveness and the performance of authorizers. This oversight is ongoing and is not limited to the specific actions and procedures described in these rules.

(2) In reviewing or evaluating the performance of authorizers against nationally recognized principles and standards for quality authorizing, the board will compare the authorizer's performance to the standards for quality set forth in the Principles and Standards for Quality Charter School Authorizing.

(3) In carrying out its responsibilities for overseeing the performance and effectiveness of authorizers under RCW 28A.710.120, the board shall utilize information including, but not limited to, the annual authorizer reports submitted to the board under RCW 28A.710.100, all reports and data submitted to the office of the superintendent of public instruction under chapter 28A.710 RCW, charter contracts, and the findings of any special review conducted under RCW 28A.710.120(2). The board will require submission of, or access to, materials or data from the authorizer deemed reasonably necessary to evaluate the performance and effectiveness of the authorizer.

(4) The board may contract for services with persons or entities having relevant expertise in the performance of its duties under RCW 28A.710.120.

(5) The board may conduct site visits to charter schools in an authorizer's portfolio for the purpose of conducting oversight of the performance of an authorizer under these rules. The board shall provide reasonable notice to the authorizer and the charter governing board prior to a site visit.

(6) In carrying out its duties for oversight of the performance and effectiveness of authorizers under RCW 28A.710.120, the board shall respect the principal role and responsibility of the authorizer for monitoring and oversight of the charter school under RCW 28A.710.100, and the authority of the charter school board to manage and operate the charter school under RCW 28A.710.030 and the terms of its charter contract.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-220, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.120 (1) and (7). WSR 14-08-033, § 180-19-220, filed 3/25/14, effective 4/25/14.

Wash. Admin. Code § 180-19-230 Oversight of authorizers—Special review.

(1) The board is authorized, upon a determination of persistently unsatisfactory performance of an authorizer's portfolio of charter schools, a pattern of well-founded complaints about the authorizer or its charter schools, a high percentage of charter school closures during the preceding 10‐year period, or other objective circumstances, to conduct a special review of an authorizer's performance. The purpose of the special review is to determine the need for additional action by the board as provided in these rules.

(2) Any individual or entity may submit a written complaint to the board about an authorizer or its charter schools. The complaint should state in specific terms the alleged violation of law, failure to comply with a charter contract or its authorizing contract, or failure to develop and follow nationally recognized principles and standards for charter authorizing. The complaint must be signed and dated and provide contact information for use by the board in requesting additional information as deemed needed. The board shall post a standard form for submission of complaints on its public website.

(a) Upon receipt, the board shall transmit the complaint to the authorizer for its written response, which shall be submitted to the board within 30 days of receipt.

(b) The board may request additional information from the complainant or the authorizer as deemed necessary to investigate the complaint.

(c) If the complaint is determined not to be well-founded, the board shall notify the complainant in writing and the board shall not be required to take further action.

(d) If the complaint is determined to be well-founded, the board shall provide written notification of such determination to the complainant and the authorizer.

(3) The board must provide written notice to the authorizer of initiation of a special review, documenting the reasons for the decision to conduct the review. The board must provide opportunity for the authorizer to respond in writing to the specific determinations of the need for the review and may take into consideration any corrective action by the authorizer or other considerations in the review.

(4) The board shall submit a written report of the results of the special review to the authorizer and other interested persons. The report may include recommended corrective actions. The report shall be posted on the board's public website.

(5) If the commission is the subject of the special review under this section, the state board of education shall have one year from the initiation of its review to complete the review and provide a report with findings and recommendations, including any recommendations for statutory revisions it deems necessary. The board will seek input from the commission on proposed findings and recommendations before completing the report, and will provide the commission the opportunity to provide a written response to the board's report that will be included when the board's report is provided to the governor, the superintendent of public instruction, and the appropriate committees of the house of representatives and the senate.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-230, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.120 (1) and (7). WSR 14-08-033, § 180-19-230, filed 3/25/14, effective 4/25/14.

Wash. Admin. Code § 180-19-240 Oversight of authorizers—Notice of identified problems.

(1) If at any time the board finds that an authorizer is not in compliance with a charter contract, its authorizing contract, or the authorizer duties under RCW 28A.710.100, it shall provide the authorizer with written notification of the identified problems with specific reference to the charter contract, the authorizing contract, or the authorizer duties under RCW 28A.710.100.

(2) The authorizer shall respond to the written notification and remedy the problems within a specific time frame as determined reasonable by the board under the circumstances.

(3) Nothing in this section requires the board to conduct a special review under WAC 180-19-230 before providing an authorizer with notice of identified problems.

History

Statutory Authority: RCW 28A.710.120 (1) and (7). WSR 14-08-033, § 180-19-240, filed 3/25/14, effective 4/25/14.

Wash. Admin. Code § 180-19-250 Oversight of authorizers—Revocation of authorizing contract.

(1) Evidence of material or persistent failure by an authorizer to carry out its duties according to nationally recognized principles and standards for charter authorizing is grounds for revocation of an authorizer's chartering contract. This may include:

(a) Failure to comply with the terms of the authorizing contract between the authorizer and the board;

(b) Violation of a term of the charter contract between the authorizer and a charter school board;

(d) Demonstrated failure to develop and follow chartering policies and practices that are consistent with the principles and standards for quality charter authorizing developed by the National Association of Charter School Authorizers in any of the following areas, as required by RCW 28A.710.100:

(i) Organizational capacity;

(ii) Soliciting and evaluating charter applications;

(iii) Performance contracting;

(iv) Ongoing charter school oversight and evaluation;

(v) Charter renewal decision making.

(2) Notice of intent to revoke. If the board makes a determination, after due notice to the authorizer and reasonable opportunity to effect a remedy, that the authorizer continues to be in violation of a material provision of a charter contract or its authorizing contract, or has failed to remedy other identified authorizing problems:

(a) The board shall notify the authorizer in writing that it intends to revoke the authorizer's chartering authority under RCW 28A.710.120. The notification to the authorizer shall explain and document the reasons for the intent to revoke chartering authority.

(b) The authorizer shall, within 30 days of notification, submit a written response showing that the authorizer has implemented or will implement within 60 days of submitting the written response, a sufficient remedy for the violation or deficiencies that are the stated grounds for the intent to revoke chartering authority. The board shall within 30 days of receipt provide written notice to the authorizer whether it finds the proposed remedy sufficient to correct the violation or deficiencies.

(3) Notice of revocation. If the district authorizer fails to provide a timely written response or if the response is found insufficient by the board to meet the requirement set forth in subsection (1) of this section:

(a) The board shall provide the authorizer with written notice of revocation of the authorizer's chartering authority. The notice of revocation shall state the effective date of revocation, which shall not be sooner than 20 days from the date of receipt of the notice of revocation by the authorizer unless a timely notice of a request for an adjudicative proceeding is filed as set forth herein.

(b) The authorizer may request an adjudicative proceeding to contest the revocation. The request for an adjudicative proceeding must be submitted in writing by the authorizer to the board within 20 days of receipt of the notice of revocation at the following email address: sbe@k12.wa.us or mailing address:

State Board of Education

Old Capitol Building

P.O. Box 47206

600 Washington St. S.E.

Olympia, Washington 98504

Any adjudicative proceeding shall be conducted in accordance with the Administrative Procedure Act (APA).

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-250, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-250, filed 10/2/17, effective 11/2/17. Statutory Authority: RCW 28A.710.120 (1) and (7). WSR 14-08-033, § 180-19-250, filed 3/25/14, effective 4/25/14.

Wash. Admin. Code § 180-19-260 Authorizer oversight—Transfer of charter contract.

(1) In the event that a notice of revocation is provided to a district authorizer under WAC 180-19-250, any charter contract held by that authorizer shall be transferred, for the remaining portion of the charter term, to the Washington charter school commission on documentation of mutual agreement to the transfer by the charter school board and the commission.

(2) Documentation of mutual agreement shall consist of a written agreement between the charter school board and the commission, signed and dated by the chair or president of the charter school board and the chair of the commission. The agreement shall include any modification or amendment of the charter contract as may be mutually agreed upon by the charter school and the commission.

(3) The commission shall submit the agreement to the state board of education. The board shall review the agreement and on a determination that the requirements of these rules have been met, issue written certification of the transfer of the charter contract to the charter school board and the commission.

(4) On certification by the board of the transfer of the charter contract, the prior authorizer shall transfer to the commission all student records and school performance data collected and maintained in the performance of its duties as an authorizer under RCW 28A.710.100 and 28A.710.170.

(5) The commission, in consultation with the charter school board, shall develop and implement a procedure for timely notification to parents of the transfer of the charter contract and any modifications or amendments to the charter included in the written agreement executed under subsection (2) of this section.

(6) If mutual agreement is not obtained on the transfer of the charter contract under RCW 28A.710.120(6) and this section, the charter school shall be closed under the provisions of RCW 28A.710.210. The district shall develop and implement a termination protocol to ensure timely notification to parents, orderly transition of students and student records to new schools, as necessary, and proper disposition of public school funds, property, and assets. The protocol must include, at a minimum, a plan for addressing the following:

(a) Adequate and timely communication with parents, school staff and the community regarding the closing of the charter school and the options for student transfer to another public school;

(b) Retention of student, personnel, governance and financial records in compliance with all applicable laws and policies;

(c) The transfer of all student records in accordance with privacy rules set forth in the Family Educational Rights and Privacy Act (FERPA) and any applicable state laws and school district policies;

(d) Resolution of all financial obligations associated with the closure of the charter school;

(e) Return of the public funds in the possession of the charter school as provided for in RCW 28A.710.201(2), or as required by any other state law; and

(f) A plan for the disposition of all other assets, in compliance with applicable state and federal laws or district policies governing the assets.

The protocol must specify tasks, timelines, and responsible parties, including delineating the respective duties of the charter school and the authorizer. The district shall provide the board with a copy of the termination protocol. The board may review the protocol and request revisions for implementation.

(7) If a charter public school or its authorizer petitions the state board of education, under RCW 28A.710.210(3), for authorization to transfer a charter contract from one authorizer to another or from one charter school to another before the expiration of the charter contract, and if the potential transfer would entail a relocation to another school district, the petitioner shall transmit a written copy of the petition to the board and superintendent of the school district to which the charter public school may relocate, on the same date it submits the petition to the state board of education.

History

Statutory Authority: Chapter 28A.710 RCW. WSR 24-07-015, § 180-19-260, filed 3/7/24, effective 4/7/24. Statutory Authority: RCW 28A.710.090, 28A.710.130, 28A.710.140, and 28A.710.150. WSR 17-20-070, § 180-19-260, filed 10/2/17, effective 11/2/17. Statutory Authority: RCW 28A.710.120 (1) and (7). WSR 14-08-033, § 180-19-260, filed 3/25/14, effective 4/25/14.

Chapter 180-38 Private school pupil immunization requirement.

Wash. Admin. Code § 180-38-005 Purpose and authority.

(1) The purpose of this chapter is to establish the procedural and substantive due process requirements governing the exclusion of students from private schools for failure to comply with the immunization requirement of the state of Washington.

(2) The authority for this chapter is RCW 28A.210.160.

History

Statutory Authority: RCW 28A.210.160. WSR 06-23-006, § 180-38-005, filed 11/2/06, effective 12/3/06
WSR 05-23-044, § 180-38-005, filed 11/9/05, effective 12/10/05
WSR 02-24-019, § 180-38-005, filed 11/26/02, effective 12/27/02. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-38-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.31.118. WSR 85-20-040 (Order 20-85), § 180-38-005, filed 9/25/85.

Wash. Admin. Code § 180-38-020 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:

(1) "Student" shall mean the same as defined for "child" in RCW 28A.210.070(6).

(2) "Chief administrator" shall mean the same as defined in RCW 28A.210.070(1).

(3) "Full immunization" shall mean the same as defined in RCW 28A.210.070(2).

(4) "Schedule of immunization" shall mean the beginning or continuing of a course of immunization, including the conditions for private school attendance when a child is not fully immunized, as prescribed by the state board of health (chapter 246-100 WAC).

(5) "Certificate of exemption" shall mean the filing of a statement exempting the child from immunizations with the chief administrator of the private school, on a form prescribed by the department of health, which complies with RCW 28A.210.090.

(6) "Exclusion" shall mean the case or instance when the student is denied initial or continued attendance due to failure to submit a schedule of immunization, or a certificate of exemption in accordance with RCW 28A.210.120.

(7) "School day" shall mean each day of the school year on which students enrolled in the private school are engaged in educational activity planned by and under the direction of the staff, as directed by the chief administrator and applicable governing board of the private school.

(8) "Parent" shall mean parent, legal guardian, or other adult in loco parentis.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-38-020, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.210.160. WSR 06-23-006, § 180-38-020, filed 11/2/06, effective 12/3/06
WSR 02-24-019, § 180-38-020, filed 11/26/02, effective 12/27/02. Statutory Authority: RCW 28A.31.118. WSR 85-20-040 (Order 20-85), § 180-38-020, filed 9/25/85.

Wash. Admin. Code § 180-38-045 Private school attendance conditioned upon presentation of proofs.

(1) The initial attendance of every student at every private school in the state is conditioned upon proof of immunization as set forth in RCW 28A.210.080.

(2) The chief administrator of each private school shall prohibit the further presence at school of each student already in attendance and who has failed to provide proof of immunization in accordance with RCW 28A.210.080(1). Such exclusion shall be preceded by written notice as set forth in WAC 180-38-050. If written notice has not been provided, any exclusion shall be stayed until notice is received by a parent, guardian or other adult in loco parentis.

History

Statutory Authority: RCW 28A.210.160. WSR 06-23-006, § 180-38-045, filed 11/2/06, effective 12/3/06
WSR 02-24-019, § 180-38-045, filed 11/26/02, effective 12/27/02. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-38-045, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.31.118. WSR 85-20-040 (Order 20-85), § 180-38-045, filed 9/25/85.

Wash. Admin. Code § 180-38-050 Written notice prior to exclusions from private school.

(1) Private schools must provide written notice to parents prior to excluding students from school for failure to comply with WAC 180-38-045.

(2) The written notice for private school students shall:

(a) Inform the appropriate party of the applicable laws and provide copies of such law and implementing rules.

(b) Provide information regarding immunization services that are available from or through the local health department or other public agencies.

History

Statutory Authority: RCW 28A.210.160. WSR 06-23-006, § 180-38-050, filed 11/2/06, effective 12/3/06
WSR 02-24-019, § 180-38-050, filed 11/26/02, effective 12/27/02. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-38-050, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.31.118. WSR 85-20-040 (Order 20-85), § 180-38-050, filed 9/25/85.

Chapter 180-51 High school graduation requirements.

Wash. Admin. Code § 180-51-005 Authority and purpose.

(1) The authority for this chapter is RCW 28A.230.090 which authorizes and requires the state board of education to establish state high school graduation requirements.

(2) The purpose of this chapter is to establish high school graduation requirements, for students who commence the ninth grade or the equivalent of a four-year high school program subsequent to July 1, 2012. Graduation requirements and policies and procedures for equivalencies for students who commence the ninth grade or the equivalent of a four-year high school program prior to July 1, 2012, are codified in WAC 180-51-056 and shall remain in effect for such students pursuant to WAC 180-51-035.

History

Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-005, filed 12/13/19, effective 1/13/20
WSR 00-23-032, § 180-51-005, filed 11/8/00, effective 12/9/00. Statutory Authority: RCW 28A.230.090 and 28A.230.100. WSR 93-04-115, § 180-51-005, filed 2/3/93, effective 3/6/93. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-51-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.05.062. WSR 86-20-053 (Order 11-86), § 180-51-005, filed 9/29/86. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-005, filed 5/17/84.

Wash. Admin. Code § 180-51-015 Application of chapter to charter and tribal compact schools, approved private schools, and community colleges.

High school diplomas granted by a charter school established under chapter 28A.710 RCW, tribal compact school operated according to the terms of state-tribal education compacts authorized under chapter 28A.715 RCW, approved private schools under chapter 28A.195 RCW and by community colleges under RCW 28B.50.535 shall meet the requirements of this chapter. References in this chapter to the board of directors of a school district shall apply to the governing board of the charter school, tribal compact school, approved private school or the community college district affected. References within this chapter to school district shall refer to the charter school, tribal compact school, approved private school or community college district. References within this chapter to high school shall refer to each charter school, tribal compact school, approved private school or community college.

History

Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-51-015, filed 12/10/20, effective 1/10/21. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-015, filed 5/17/84.

Wash. Admin. Code § 180-51-020 Additional local standards.

Nothing within this chapter shall preclude the board of directors of any district offering a high school diploma from establishing such additional course, credit, and test requirements as deemed desirable. A district may not adopt any policy which requires enrollment for either (a) a minimum number of semesters or trimesters or (b) a minimum number of courses in a semester or trimester which exceeds the enrollment time or courses necessary for a student to meet established course, credit, and test requirements for high school graduation.

History

Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-020, filed 5/17/84.

Wash. Admin. Code § 180-51-025 Local school district application of state requirements.

The content of courses and the determination of which courses satisfy particular subject area requirements and whether a particular course may satisfy more than one subject area requirement shall be determined locally in accordance with written policies adopted by boards of directors of districts: Provided, that if a world language graduation requirement is established, credits earned in American sign language shall count toward the completion of the requirement.

History

Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-025, filed 12/13/19, effective 1/13/20
WSR 00-19-108, § 180-51-025, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.230.090 and 28A.230.100. WSR 93-04-115, § 180-51-025, filed 2/3/93, effective 3/6/93. Statutory Authority: RCW 28A.05.060. WSR 89-12-061 (Order 10-89), § 180-51-025, filed 6/6/89. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-025, filed 5/17/84.

Wash. Admin. Code § 180-51-030 High school credit for courses taken before attending high school.

(1) A student who has completed high school courses as defined in RCW 28A.230.090(4) with a passing grade before attending high school shall automatically be given high school credit which shall be applied to fulfilling high school graduation requirements, unless requested otherwise by the student and the student's parent or guardian.

(2) At the request of the student and the student's parent or guardian, high school credit earned before high school may be transcribed with a nonnumerical grade, such as "pass" or "credit." A nonnumerical grade will not be included in the student's high school grade point average calculation. High school credit earned prior to high school and transcribed with a nonnumerical grade will apply to fulfilling high school graduation requirements.

(3) A student and the student's parent or guardian must inform the school before the end of the 11th grade if they do not want credit for the course(s) taken before attending high school, or if they want to request that credit be transcribed with a nonnumerical grade.

History

Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-030, filed 12/13/19, effective 1/13/20
WSR 00-19-108, § 180-51-030, filed 9/20/00, effective 10/21/00. Statutory Authority: RCW 28A.230.090 and 28A.230.100. WSR 93-04-115, § 180-51-030, filed 2/3/93, effective 3/6/93
WSR 91-01-066, § 180-51-030, filed 12/14/90, effective 1/14/91. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-030, filed 5/17/84.

Wash. Admin. Code § 180-51-035 Applicable standards for graduation for students under age twenty-one—Applicable standards for graduation for students age twenty-one or older—Amendments to this chapter.

(1) All students entering a high school program in Washington state shall be assigned an expected graduation year as required by federal law and this section. Once students are assigned a graduation year, they will be aligned to the requirements for that specific graduating class and subject to the provisions of this section.

(a) Students shall be assigned an expected graduation year based on the year they commence ninth grade, or for out-of-district and out-of-state transfer students, based on local district policy, provided that the expected graduation year for students receiving special education services shall be assigned and based on an individualized education program (IEP) team determination in the year in which the student turns sixteen.

(b) Students shall have the right and the obligation to meet the minimum graduation requirements in place for their ninth grade cohort at the time they enter a public high school, regardless of whether their expected graduation year has been extended or what year they actually graduate.

(2)(a) A student age twenty-one or older who earns a high school diploma through the adult high school completion option under WAC 180-51-053 shall be required to meet the state minimum graduation credit established when the student began their high school program. Such students shall not be required to earn a certificate of academic achievement, a certificate of individual achievement, or meet pathway graduation requirements under WAC 180-51-210;

(b) The state board of education reserves the prerogative to determine if and when the waived requirements under (a) of this subsection shall be required to earn an adult high school completion diploma.

(3) Unless otherwise required by statute, all subsequent amendments to credit graduation requirement rules and all subsequent local standards shall apply prospectively to the students who enter the ninth grade or begin the equivalent of a four-year high school program subsequent to the amendments.

History

Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-035, filed 12/13/19, effective 1/13/20. Statutory Authority: Chapter 28A.230 RCW and RCW 28B.50.915. WSR 05-21-007, § 180-51-035, filed 10/6/05, effective 11/6/05
WSR 04-20-093, § 180-51-035, filed 10/5/04, effective 11/5/04. Statutory Authority: RCW 28A.230.090. WSR 00-19-108, § 180-51-035, filed 9/20/00, effective 10/21/00. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-035, filed 5/17/84.

Wash. Admin. Code § 180-51-040 Copies of graduation requirements for each year.

(1) Each high school shall keep on file for student and public inspection a copy of the state board of education rules and guidelines regarding high school graduation requirements and procedures for equivalencies applicable for the school year, including the preceding ten years. Any locally adopted high school graduation requirements and procedures for equivalencies shall also be kept on file with such state requirements. Copies of state requirements by year also shall be kept on file in the office of the state board of education.

(2) The state board of education and the superintendent of public instruction are not authorized by law to issue a high school diploma.

History

Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-040, filed 12/13/19, effective 1/13/20
WSR 00-19-108, § 180-51-040, filed 9/20/00, effective 10/21/00. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-040, filed 5/17/84.

Wash. Admin. Code § 180-51-045 Notice to students, parents, and guardians.

Commencing with the beginning of the ninth grade, or the equivalent of a four-year high school program, and each year thereafter, each high school shall provide each student and his or her parents or guardians with a copy of the high school graduation requirements applicable to each student and a progress report at the close of each school year thereafter of each individual student's progress toward meeting those requirements. If a student is not making normal progress toward such requirements, the high school shall notify the student and parents or guardians of alternative education experiences, including summer school opportunities available in the community, if any, or in close proximity.

History

Statutory Authority: RCW 28A.230.090. WSR 00-19-108, § 180-51-045, filed 9/20/00, effective 10/21/00. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-045, filed 5/17/84.

Wash. Admin. Code § 180-51-050 High school credit—Definition.

As used in this chapter the term "high school credit" shall mean:

(1) Grades nine through twelve or the equivalent of a four-year high school program, or as otherwise provided in RCW 28A.230.090(4):

(a) Successful completion, as defined by written district policy, of courses taught to the state's learning standards. If there are no state-adopted learning standards for a subject, the local governing board, or its designee, shall determine learning standards for the successful completion of that subject; or

(b) Satisfactory demonstration by a student of proficiency/competency/mastery, as defined by written district policy, of the state's learning standards.

(2) College and university course work. At the college or university level, five quarter or three semester hours shall equal one high school credit: Provided, that for the purpose of this subsection, "college and university course work" means course work that generally is designated 100 level or above by the college or university.

(3) Community/technical college high school completion program - Diploma awarded by community/technical colleges. Five quarter or three semester hours of community/technical college high school completion course work shall equal one high school credit: Provided, that for purposes of awarding equivalency credit under this subsection, college and university high school completion course work includes course work that is designated below the 100 level by the college and the course work is developmental education at grade levels nine through twelve or the equivalent of a four-year high school program. (See also WAC 180-51-053)

(4) Community/technical college high school completion program - Diploma awarded by school district. A minimum of one-half and a maximum of one high school credit may be awarded for every five quarter or three semester hours of community/technical college high school completion course work: Provided, that for purposes of awarding equivalency credit under this subsection, college and university high school completion course work includes course work that is designated below the 100 level by the college and the course work is developmental education at grade levels nine through twelve or the equivalent of a four-year high school program. (See also WAC 180-51-053)

(5) Each high school district board of directors shall adopt a written policy for determining the awarding of equivalency credit authorized under subsection (4) of this section. The policy shall apply uniformly to all high schools in the district.

(6) Each high school district board of directors shall adopt a written policy regarding the recognition and acceptance of earned credits. The policy shall apply to all high schools in the district. The policy may include reliance on the professional judgment of the building principal or designee in determining whether or not a credit meets the district's standards for recognition and acceptance of a credit. The policy shall include an appeal procedure to the district if it includes reliance on the professional judgment of the building principal or designee.

(7) A student must first obtain a written release from their school district to enroll in a high school completion program under subsection (3) of this section if the student has not reached age eighteen or whose class has not graduated.

History

Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-51-050, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-050, filed 12/13/19, effective 1/13/20
WSR 12-03-052, § 180-51-050, filed 1/11/12, effective 2/11/12. Statutory Authority: Chapter 28A.230 RCW. WSR 05-19-105, § 180-51-050, filed 9/20/05, effective 10/21/05. Statutory Authority: Chapter 28A.230 RCW and RCW 28B.50.915. WSR 04-20-093, § 180-51-050, filed 10/5/04, effective 11/5/04. Statutory Authority: RCW 28A.150.220(4), 28A.305.140, and 28A.305.130(6). WSR 04-04-093, § 180-51-050, filed 2/3/04, effective 3/5/04. Statutory Authority: RCW 28A.230.090. WSR 00-23-032, § 180-51-050, filed 11/8/00, effective 12/9/00
WSR 99-10-093, § 180-51-050, filed 5/4/99, effective 6/4/99. Statutory Authority: RCW 28A.230.090 and 28A.305.130. WSR 97-08-020, § 180-51-050, filed 3/25/97, effective 4/25/97
WSR 96-09-027, § 180-51-050, filed 4/9/96, effective 5/10/96. Statutory Authority: RCW 28A.230.090, 28A.305.130 and 1994 c 222. WSR 95-16-063, § 180-51-050, filed 7/27/95, effective 8/27/95. Statutory Authority: RCW 28A.230.090(1) and 28A.305.130 (8) and (9). WSR 94-13-017, § 180-51-050, filed 6/3/94, effective 7/4/94. Statutory Authority: RCW 28A.230.090. WSR 94-03-100 (Order 1-94), § 180-51-050, filed 1/19/94, effective 9/1/94. Statutory Authority: RCW 28A.05.060. WSR 85-12-041 (Order 12-85), § 180-51-050, filed 6/5/85. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-050, filed 5/17/84.

Wash. Admin. Code § 180-51-051 Procedure for granting students mastery-based credit.

(1) Definitions. The definitions in this section apply throughout this chapter.

(a) Per WAC 180-51-015, references to "district" within this section means a school district, a charter school established under chapter 28A.710 RCW, a tribal compact school operated according to the terms of state-tribal education compacts authorized under chapter 28A.715 RCW, and community and technical colleges per WAC 180-51-015.

(b) Per E2SHB 1599 (section 301, chapter 252, Laws of 2019), "mastery-based learning" means:

(i) Students advance upon demonstrated mastery of content;

(ii) Competencies include explicit, measurable, transferable learning objectives that empower students;

(iii) Assessments are meaningful and a positive learning experience for students;

(iv) Students receive rapid, differentiated support based on their individual learning needs; and

(v) Learning outcomes emphasize competencies that include application and creation of knowledge along with the development of important skills and dispositions.

(2) Per WAC 180-51-050, a district may award credit to a student who demonstrates mastery on the state learning standards. If no state standard is available for a subject the district may award credit based on mastery of locally adopted standards.

(3) A district's written policy for awarding mastery-based credit must include:

(a) A provision that details how the district will ensure cultural responsiveness and equity in awarding of mastery-based credit. Each district shall maintain disaggregated student data and periodically review which subgroups of students are receiving mastery-based credit. If the district finds disproportionality among student groups receiving mastery-based credit, the district should be prepared to take appropriate actions to ensure equitable access to mastery-based credit opportunities.

(b) Which subjects or courses are eligible for mastery-based credit.

(c) Other methods allowable for a student to demonstrate proficiency and qualify for mastery credit, beyond what is established in subsection (4)(b) of this section for locally developed assessment options.

(4) Student demonstration of mastery: Student demonstration of mastery of the state's learning standards is not limited to standardized assessment results. Nothing in this section prohibits LEAs from developing additional methods to allow students to show proficiency and earn mastery-based credit, beyond what is included in this section. Districts who adopt a written policy for awarding mastery-based credit may make the following methods of earning mastery-based credit available to their students:

(a) State assessments in English language arts, math, and science, in accordance with RCW 28A.655.070;

(b) Local assessment options: Districts are encouraged to allow students to choose their assessment method from a variety of district-approved options. Additionally, districts may consider using standards-based grading for any local assessment approach to awarding credit. Local assessment options may include:

(i) Locally created written or oral test;

(ii) Written report by the student;

(iii) Student-designed portfolio of work;

(iv) Student presentation or oral defense of their learning in the course;

(v) Hands-on demonstration of knowledge and skills; or

(vi) A combination of assessment approaches, as defined by the district.

(c) Equivalency course of study: Students may receive credit for learning experiences outside of school that align to state learning standards, in accordance with WAC 392-410-300.

(d) Successful completion of next higher-level course: Districts may award credit for a course when the student successfully completes the next higher-level course in a sequence that includes a natural progression of the state learning standards from the previous course. Districts shall use the state or locally determined learning standards as their guide when making decisions regarding what courses should qualify.

(5) High school and beyond plan (HSBP): In accordance with WAC 180-51-220, a student's high school and beyond plan should reflect subject area requirements intended to be met, or that have been met, through mastery-based credit per WAC 180-51-220.

History

Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-51-051, filed 12/10/20, effective 1/10/21.

Wash. Admin. Code § 180-51-053 Community college high school diploma programs.

(1)(a) Minimum requirements for high school diploma. The minimum requirements and procedures for the issuance of a high school diploma by or through a community or technical college district shall be as prescribed by the state board of education in this section and chapters 180-51 and 180-56 WAC or as set forth in RCW 28B.50.535 (2), (3) or (4).

(b) Any high school graduation diploma issued by or through a community or technical college district shall certify that the diploma is issued in compliance with high school graduation requirements established by the state board of education and procedures established by the superintendent of public instruction or as set forth in RCW 28B.50.535 (2), (3) or (4).

(2) Provisions governing program for persons eighteen years of age and over.

(a) The appropriate school district, community college, or technical college education official shall evaluate the previous educational records of the student and may provide evaluative testing to determine the student's educational level. The official shall recommend an appropriate course or courses of study and upon the successful completion of such study the student will be eligible for the high school diploma.

(b) Satisfaction of minimum course requirements may be met by one or more of the following methods with the applicable institution granting credit verifying completion of course requirements.

(i) Actual completion of courses regularly conducted in high school;

(ii) Technical college;

(iii) Community college;

(iv) Approved correspondence or extension courses;

(v) Supervised independent study; or

(vi) Testing in specific subject areas.

(c) The appropriate education official shall exercise reasonable judgment in appraising the educational experience of the student either in or out of a formal school program to determine the degree to which the student has satisfied the minimum credit requirements for completion of the high school program. Consideration may be given to work experience, vocational training, civic responsibilities discharged by the adult and other evidences of educational attainment.

(d) A high school diploma shall be granted to each individual who satisfactorily meets the requirements for high school completion. The diploma shall be issued by the appropriate school district, community college, or technical college: Records of diplomas issued under the provisions of this subsection shall be maintained by the issuing agency.

(3) Provisions governing program for persons under eighteen years of age.

(a) The high school principal shall evaluate the previous educational record of the individual and prior to his or her enrollment in courses and in cooperation with the appropriate education official of a community college or technical college shall approve the program of studies leading to the high school diploma.

(b) The student must be assigned a program supervisor.

History

Statutory Authority: RCW 28A.50.535. WSR 18-06-032, § 180-51-053, filed 2/28/18, effective 3/31/18. Statutory Authority: RCW 28A.230.090. WSR 10-12-082, § 180-51-053, filed 6/1/10, effective 7/2/10. Statutory Authority: Chapter 28A.230 RCW and RCW 28B.50.915. WSR 04-20-093, § 180-51-053, filed 10/5/04, effective 11/5/04.

Wash. Admin. Code § 180-51-056 Previous requirements for high school graduation.

This section describes the statewide minimum credit and subject areas requirements for high school graduation for students who entered the ninth grade or began the equivalent of a four-year high school program prior to July 1, 2012 (the class of 2015 and previous classes). This section applies to students of the applicable graduation cohorts in high school completion programs at community and technical colleges.

(1) The minimum credit and subject area requirements, except as noted in subsections (2) and (3) of this section, are as follows:

(a) Three English credits (reading, writing, and communications) that at minimum align with grade level expectations for ninth and tenth grade, plus content that is determined by the district.

(b) Two science credits (physical, life, and earth) that at minimum align with grade level expectations for ninth and tenth grade, plus content that is determined by the district. At least one credit in laboratory science is required which shall be defined locally.

(c) Two and one-half social studies credits that at minimum align with the state's learning standards in civics, economics, geography, history, and social studies skills at grade ten and/or above plus content that is determined by the district. The social studies requirement shall consist of the following mandatory courses or equivalencies:

(i) One credit shall be required in United States history and government which shall include study of the Constitution of the United States.

(ii) Under the provisions of RCW 28A.230.170 and 28A.230.090, one-half credit shall be required in Washington state history and government which shall include study of the Constitution of the state of Washington and shall include information on the culture, history, and government of the American Indian peoples who were the first inhabitants of the state. If taken in seventh or eighth grade, this course may meet the state history and government graduation requirement. However, the course may only count as a high school credit if the academic level of the course exceeds the requirements for seventh and eighth grade classes or is equivalent to a course offered at a high school in the district as determined by the school district board of directors (RCW 28A.230.090). The study of the United States and Washington state Constitutions shall not be waived but may be fulfilled through an alternative learning experience approved locally under written district policy. Secondary school students who have completed and passed a state history and government course of study in another state, and students who transferred from another state as eleventh or twelfth grade students who have or will have earned two credits in social studies at graduation, may have the Washington state history and government requirement waived.

(iii) One credit shall be required in contemporary world history, geography, and problems. Courses in economics, sociology, civics, political science, international relations, or related courses with emphasis on current problems may be accepted as equivalencies.

(d) One-half credit of health.

(e) One and one-half credits of physical education. Students may be excused from the physical education requirement under RCW 28A.230.050. Such excused students shall be required to demonstrate proficiency/competency/mastery in the knowledge portion of the physical education requirement, in accordance with written district policy. Such policies that should be based upon meeting both health and physical education curricula concepts as well as alternative means of engaging in physical activities, as directed in RCW 28A.210.365.

(f) One arts credit that at minimum is aligned to learning standards.

(g) One credit in career and technical education or occupational education. Courses that meet this requirement include courses that are part of career and technical education programs, as defined in chapter 28A.700 RCW, or occupational education courses as identified by the district. "Occupational education" means credits resulting from a series of learning experiences designed to assist the student to acquire and demonstrate competency/mastery of skills under student learning goal four (RCW 28A.150.210) and are required for success in current and emerging occupations. At a minimum, these competencies shall align with the definition of an exploratory course as contained in the career and technical education program standards of the office of the superintendent of public instruction. Districts are encouraged to offer career and technical education programs, as defined in RCW 28A.700.010.

(i) An exception of the career and technical education requirement may be made for private schools as provided in WAC 180-90-160.

(ii) A student who earns credit through a career and technical education course determined by the district or by the office of the superintendent of public instruction to be equivalent to a noncareer and technical education course per RCW 28A.700.070, will not be required to pass a course in the noncareer and technical education subject to earn a credit in the noncareer and technical education subject. The single career and technical education course equivalency meets two graduation requirements, the career and technical education subject area graduation requirement and the noncareer and technical education subject area graduation requirement. The student therefore has an additional elective credit.

(h) Five and one-half credits of electives. Districts may replace these credits with local district requirements through written district policy.

(i) Each student shall have a high school and beyond plan for their high school experience, that informs course-taking and that is aligned with the student's postsecondary goals.

(2) For students who entered ninth grade prior to July 1, 2009 (graduating classes preceding the class of 2013), additional graduation requirements are as follows:

(a) The total minimum number of credits required for high school graduation is nineteen.

(b) Two mathematics credits that at minimum align with mathematics grade level expectations for ninth and tenth grade, plus content that is determined by the district.

(3) For students who entered ninth grade as of July 1, 2009, through June 30, 2012 (the class of 2013 through the class of 2015), additional graduation requirements are as follows:

(a) The total minimum number of credits required for high school graduation is twenty.

(b) Three mathematics credits that align with the high school mathematics standards as developed and revised by the office of the superintendent of public instruction and satisfy the requirements set forth below:

(i) Unless otherwise provided for in (b)(ii) of this subsection, the three mathematics credits required under this section must include:

(A) Algebra 1 or integrated mathematics I;

(B) Geometry or integrated mathematics II; and

(ii) A student may elect to pursue a third credit of high school-level mathematics, other than algebra 2 or integrated mathematics III, based on a career-oriented program of study identified in the student's high school and beyond plan that is currently being pursued by the student.

History

Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-51-056, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-056, filed 12/13/19, effective 1/13/20.

Wash. Admin. Code § 180-51-067 State subject and credit requirements for high school graduation—Students entering the ninth grade on or after July 1, 2012, through June 30, 2015.

The statewide subject areas and credits required for high school graduation, beginning July 1, 2012, for students who enter the ninth grade or begin the equivalent of a four-year high school program, as of July 1, 2012, through June 30, 2015, except as provided in WAC 180-51-068(11), shall total twenty as provided below. The credit and subject area requirements in this section apply to districts with a waiver to delay implementing WAC 180-51-068. For such districts, this section will apply to students who entered ninth grade between July 1, 2012, and June 30, 2016. All credits are to be aligned with the state's learning standards for the subject. The content of any course shall be determined by the local school district.

(1) Four English credits.

(2) Three mathematics credits that satisfy the requirements set forth below:

(a) Unless otherwise provided for in (d) through (g) of this subsection, the three mathematics credits required under this section must include:

(i) Algebra 1 or integrated mathematics I;

(ii) Geometry or integrated mathematics II; and

(iii) Algebra 2 or integrated mathematics III.

(b) A student may elect to pursue a third credit of high school-level mathematics, other than algebra 2 or integrated mathematics III, if all of the following requirements are met:

(i) The student's elective choice is based on a career-oriented program of study identified in the student's high school and beyond plan that is currently being pursued by the student;

(ii) The student's parent(s)/guardian(s) (or designee for the student if a parent or guardian is unavailable) agree that the third credit of mathematics elected is a more appropriate course selection than algebra 2 or integrated mathematics III because it will better serve the student's education and career goals;

(iii) A meeting is held with the student, the parent(s)/guardian(s) (or designee for the student if a parent or guardian is unavailable), and a high school representative for the purpose of discussing the student's high school and beyond plan and advising the student of the requirements for credit bearing two- and four-year college level mathematics courses; and

(iv) The school has the parent(s)/guardian(s) (or designee for the student if a parent or guardian is unavailable) sign a form acknowledging that the meeting with a high school representative has occurred, the information as required was discussed, and the parent(s)/guardian(s) (or designee for the student if a parent or guardian is unavailable) agree that the third credit of mathematics elected is a more appropriate course selection given the student's education and career goals.

(c) Equivalent career and technical education mathematics courses meeting the requirements set forth in RCW 28A.230.097 can be taken for credit instead of any of the mathematics courses set forth in (a) of this subsection if the career and technical education mathematics courses are recorded on the student's transcript using the equivalent academic high school department designation and course title.

(d) A student who prior to ninth grade successfully completes one or more high school level math courses with a passing grade that is automatically transcribed on the student's high school transcript in accordance with RCW 28A.230.090 and WAC 180-51-030, or a student who demonstrates mastery in high school math subjects and has received credit for them, may use these credits to meet their math graduation requirements. Upon completion of algebra 1 or integrated math I, geometry or integrated math II, and a third credit of high school level math that aligns with the student's high school and beyond plan, the student should be encouraged to consider additional math courses, which align with the student's education and career goals in their high school and beyond plan.

(e) A student who prior to ninth grade successfully completes one or more high school level math courses with a passing grade and opts to receive no high school credit for such course(s) in accordance with RCW 28A.230.090 and WAC 180-51-030, or a student who demonstrated mastery in these subjects but did not receive high school credits, may either:

(i) Repeat the course(s) for credit in high school; or

(ii) Earn three credits of high school mathematics in different math subjects than those completed before high school. The student must take algebra 1 or integrated mathematics I and geometry or integrated math II in high school if the student did not complete these courses at a high school level prior to high school, but the student does not need to repeat courses if the student already took the courses at a high school level.

(3) Two science credits, at least one of the two credits must be in laboratory science.

(4) Three social studies credits (two credits prescribed courses, plus one credit social studies elective) and a noncredit requirement. The social studies requirement shall consist of the following mandatory courses or equivalencies:

(a) One credit shall be required in United States history.

(b) Successful completion of Washington state history and government shall be required, subject to the provisions of RCW 28A.230.170, 28A.230.090, 28A.320.170 and WAC 392-410-120, and shall include information on the cultures, histories, and governments of the American Indian peoples who are the first inhabitants of the state. Successful completion of Washington state history must be noted on each student's transcript. The Washington state history and government requirement may be waived by the principal for individual students who:

(i) Have successfully completed a state history and government course of study in another state; or

(ii) Are in eleventh or twelfth grade and who have not completed a course of study in Washington's history and state government because of previous residence outside the state or because emergency school closure, or other circumstance due to an emergency, prevented the student from having the opportunity to fulfill this requirement.

(c) One-half credit shall be required in contemporary world history, geography, and problems. Courses in economics, sociology, civics, political science, international relations, or related courses with emphasis on contemporary world problems may be accepted as equivalencies.

(d) One-half credit shall be required in civics and include at a minimum the content listed in RCW 28A.230.093.

(5) One-half credits of health.

(6) One and one-half credits of physical education. Students may be excused from the physical education requirement under RCW 28A.230.050. Such excused students shall be required to demonstratemastery of the knowledge portion of the physical education requirement, in accordance with written district policy. Such policies should be based upon addressing health and physical education learning standards as well as alternative means of engaging in physical activities, as directed in RCW 28A.210.365.

(7) One arts credit. The essential content in this subject area may be satisfied in the visual or performing arts.

(8) One credit in career and technical education or occupational education.

(a) "Occupational education" means credits resulting from a series of learning experiences designed to assist the student to acquire and demonstrate mastery of skills under student learning goal four and which skills are required for success in current and emerging occupations. At a minimum, these competencies shall align with the definition of an exploratory course as contained in the career and technical education program standards of the office of the superintendent of public instruction.

(b) Students who earn a graduation requirement credit through a career and technical education course determined by the district or by the office of the superintendent of public instruction to be equivalent to a noncareer and technical education course will not be required to earn a second credit in the noncareer and technical education course subject. The student earns one credit while meeting two graduation requirements, a career and technical education requirement and the noncareer and technical education subject requirement. The total number of credits required for graduation remains unchanged, and the student will need to earn an additional elective credit.

(9) Four credits of electives.

(10) Each student shall have a high school and beyond plan for their high school experience, as described in WAC 180-51-220.

(11) Students who complete and pass all required International Baccalaureate Diploma Programme courses are considered to have satisfied state subject and credit requirements for graduation from a public high school, subject to the provisions of RCW 28A.230.090, 28A.230.170, and chapter 28A.230 RCW.

(12) A student with an individualized education program (IEP) must be provided the opportunity to meet graduation requirements that align with the student's high school and beyond plan pursuant to WAC 180-51-115.

History

Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-51-067, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-067, filed 12/13/19, effective 1/13/20. Statutory Authority: 2014 c 217 and RCW 28A.230.090. WSR 14-19-032, § 180-51-067, filed 9/8/14, effective 10/9/14. Statutory Authority: RCW 28A.230.090, 28A.230.093, 28A.230.050, 28A.230.170, 28A.230.060, and 28A.305.215(8). WSR 12-03-073, § 180-51-067, filed 1/13/12, effective 2/13/12.

Wash. Admin. Code § 180-51-068 State subject and credit requirements for high school graduation—Students entering the ninth grade on or after July 1, 2015, through June 30, 2017.

The statewide subject areas and credits required for high school graduation, beginning July 1, 2015, for students who enter the ninth grade or begin the equivalent of a four-year high school program (the class of 2019), shall total twenty-four as required in this section, except as otherwise provided in subsections (12) and (13) of this section. All credits are to be aligned with the state's learning standards developed under RCW 28A.655.070 for the subject. The content of any course shall be determined by the local school district.

(1) Four English credits.

(2) Three mathematics credits that satisfy the requirements set forth in (a) through (c) of this subsection:

(a) Unless otherwise provided for in (b) of this subsection, the three mathematics credits required under this section must include:

(i) Algebra 1 or integrated mathematics I;

(ii) Geometry or integrated mathematics II; and

(iii) A third credit of high school mathematics, aligning with the student's interests and high school and beyond plan, with agreement of the student's parent or guardian. The high school and beyond plan must be provided to the student's parents or guardians in their native language if that language is one of the two most frequently spoken non-English languages of students in the district (RCW 28A.230.090). Districts are encouraged to provide plans to parents and guardians in additional languages as needed, to the extent feasible. If the parent or guardian is unavailable or does not indicate a preference for a specific course, the school counselor or principal may provide agreement with the plan.

(b) A student who prior to ninth grade successfully completes one or more high school level math courses with a passing grade that is automatically transcribed on the student's high school transcript in accordance with RCW 28A.230.090 and WAC 180-51-030, or a student who demonstrates mastery in high school math subjects and has received credit for them, may use these credits to meet their math graduation requirements. Refer to WAC 180-51-030 for information about opting out of credits and numerical grades. Upon completion of algebra 1 or integrated math I, geometry or integrated math II, and a third credit of high school level math that aligns with the student's high school and beyond plan, the student should be encouraged to consider additional math courses, which align with the student's education and career goals in their high school and beyond plan.

(c) A student who prior to ninth grade successfully completes one or more high school level math courses with a passing grade and opts to receive no high school credit for such course(s) in accordance with RCW 28A.230.090 and WAC 180-51-030, or a student who demonstrated mastery in these subjects but did not receive high school credits, may either:

(i) Repeat the course(s) for credit in high school; or

(3) Three science credits, at least two of which must be in laboratory science as provided in subsection (17)(a) of this section. A student may choose the content of the third credit of science, based on the student's interests and high school and beyond plan, with agreement of the student's parent or guardian. The high school and beyond plan must be provided to the student's parents or guardians in their native language if that language is one of the two most frequently spoken non-English languages of students in the district (RCW 28A.230.090). Districts are encouraged to provide plans to parents and guardians in additional languages as needed, to the extent feasible. If the parent or guardian is unavailable or does not indicate a preference for a specific course, agreement may be provided by the school counselor or principal.

(4) Three social studies credits (two credits prescribed courses, plus a one credit social studies elective) and a noncredit requirement. The social studies requirement shall consist of the following mandatory courses or equivalencies:

(a) One credit shall be required in United States history.

(i) Have successfully completed a state history and government course of study in another state; or

(d) One-half credit shall be required in civics and include at a minimum the content listed in RCW 28A.230.093.

(5) One-half credit in health.

(6) One and one-half in physical education. Students may be excused from the physical education requirement under RCW 28A.230.050. Such excused students shall be required to demonstratemastery of the knowledge portion of the fitness requirement, in accordance with written district policy. Such policies should be based upon addressing health and physical education learning standards as well as alternative means of engaging in physical activities, as directed in RCW 28A.210.365.

(7) Two arts credits. The essential content in this subject area may be satisfied in the visual or performing arts. One of the two arts credits may be replaced with a personalized pathway requirement as provided in subsection (17)(c) of this section.

(8) One credit in career and technical education.

(a) A career and technical education credit means a credit resulting from a course in a career and technical education program or occupational education credit as contained in the career and technical education program standards of the office of the superintendent of public instruction. "Occupational education" means credits resulting from a series of learning experiences designed to assist the student to acquire and demonstrate mastery of skills under student learning goal four and which skills are required for success in current and emerging occupations. At a minimum, these competencies shall align with the definition of an exploratory course as contained in the career and technical education program standards of the office of the superintendent of public instruction. Districts are encouraged to offer career and technical education programs, as defined in RCW 28A.700.010.

(b) An exception may be made for private schools as provided in WAC 180-90-160.

(c) A student who earns credit through a career and technical education course determined by the district or by the office of the superintendent of public instruction to be equivalent to a noncareer and technical education core course (RCW 28A.700.070 and subsection (14) of this section), will not be required to pass a course in the noncareer and technical education subject to earn a credit in that subject. The student earns one credit while meeting two graduation requirements, a career and technical education requirement and the noncareer and technical education subject requirement. The total number of credits required for graduation remain unchanged, and the student will need to earn an additional elective credit.

(9) Two credits in world languages or personalized pathway requirements. If the student has chosen a four-year degree pathway under subsection (11) of this section, the student shall be advised to earn two credits in world languages.

(10) Four credits of electives.

(11) Each student shall have a high school and beyond plan to guide his or her high school experience, as described in WAC 180-51-220.

(12) A school district wishing to implement the requirements for high school graduation for students who enter the ninth grade or begin the equivalent of a four-year high school program on July 1, 2016, or July 1, 2017, rather than July 1, 2015, may apply to the state board of education for a temporary waiver of the requirements of this section. The state board of education shall post an application form on its website for use by districts seeking this waiver.

(a) An application for a waiver must:

(i) Meet the requirements of chapter 217, Laws of 2014 (E2SSB 6552), which include describing why the waiver is being requested, the specific impediments preventing timely implementation of the high school graduation requirements established in subsections (1) through (10) of this section, and the efforts that will be taken to achieve implementation with the graduating class proposed under the waiver.

(ii) Be accompanied by a resolution adopted by the district board of directors requesting the waiver. The resolution must state the entering freshman class or classes for whom the waiver is requested, and be signed by the board chair or president and the district superintendent.

(b) A district implementing a waiver shall continue to be subject to the requirements of WAC 180-51-067 during the school year or years for which the waiver has been granted.

(c) Nothing shall prevent a district granted a waiver from electing to implement subsections (1) through (11) of this section during the term for which the waiver is granted. A district granted a waiver that elects to implement subsections (1) through (11) of this section shall provide notification of such decision to the state board of education.

(d) The state board of education shall post the application for each waiver on its public website.

(13) A school district that grants high school diplomas may waive up to two of the credits required for graduation under this section for individual students for reason of a student's circumstances, as defined by the district. Unless otherwise provided in law, students granted a waiver under this subsection must earn the seventeen required subject credits in subsections (1) through (7) of this section, which may be by satisfactory demonstration of competence under WAC 180-51-050. The waiving of credits for individual students for reason of a student's circumstances must be in accordance with written policies adopted by resolution of each board of directors of a district that grants diplomas.

(14) Career and technical education courses determined by the district or by the office of the superintendent of public instruction to be equivalent to a noncareer and technical education course in accordance with RCW 28A.700.070 can be taken for credit in place of that course. Equivalencies may be determined for any of the core credit graduation requirements of subsections (1) through (7) of this section.

(15) Students who complete and pass all required International Baccalaureate Diploma Programme courses are considered to have satisfied state subject and credit requirements for graduation from a public high school, subject to the provisions of RCW 28A.230.090, 28A.230.170, and chapter 28A.230 RCW.

(16) A student with an individualized education program must be provided the opportunity to meet graduation requirements that align with the student's high school and beyond plan pursuant to WAC 180-51-115.

(17) Definitions:

(a) "Laboratory science" means any instruction that provides opportunities for students to interact directly with the material world, or with data drawn from the material world, using the tools, data collection techniques, models and theories of science. A laboratory science course meeting the requirement of subsection (3) of this section may include courses conducted in classroom facilities specially designed for laboratory science, or coursework in traditional classrooms, outdoor spaces, or other settings which accommodate elements of laboratory science as identified in this subsection;

(b) "Personalized pathway" means a locally determined body of coursework identified in a student's high school and beyond plan that is deemed necessary to attain the post-secondary career or educational goals chosen by the student;

(c) "Personalized pathway requirements" means up to three course credits chosen by a student under subsections (7) and (9) of this section that are included in a student's personalized pathway and prepare the student to meet specific post-secondary career or educational goals.

History

Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-51-068, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-068, filed 12/13/19, effective 1/13/20. Statutory Authority: 2014 c 217 and RCW 28A.230.090. WSR 14-19-032, § 180-51-068, filed 9/8/14, effective 10/9/14.

Wash. Admin. Code § 180-51-095 Temporary exemption from course and credit requirements.

Annual exemptions to the definition of an annualized high school credit may be granted upon the request of an approved private school which offers evidence that delineates content, time, or mastery assessments which are substantially equivalent to the definition stated in WAC 180-51-050. The waiver process shall be administered by the state board of education.

History

Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-51-095, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-095, filed 12/13/19, effective 1/13/20
WSR 07-07-064, § 180-51-095, filed 3/14/07, effective 4/14/07.

Wash. Admin. Code § 180-51-107 Alternative high school graduation requirements.

Alternative high school graduation requirements may be established under WAC 180-18-055.

History

Statutory Authority: RCW 28A.230.090, 28A.305.140 and 28A.600.010. WSR 99-10-094, § 180-51-107, filed 5/4/99, effective 6/4/99.

Wash. Admin. Code § 180-51-115 Procedures for granting high school graduation credits for students with special educational needs.

A student with an individualized education program must be provided needed accommodations to progress in the general curriculum toward meeting state and local graduation requirements. In limited circumstances, when determined necessary by the individualized education program team due to the unique needs resulting from the student's disability, a graduation credit and subject area requirement may be substituted with comparable content course work, as identified in the individualized education program team course of study and aligned to the student's high school and beyond plan.

History

Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-115, filed 12/13/19, effective 1/13/20
WSR 07-07-051, § 180-51-115, filed 3/14/07, effective 4/14/07
WSR 00-19-108, § 180-51-115, filed 9/20/00, effective 10/21/00. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-51-115, filed 8/6/90, effective 9/6/90. Statutory Authority: Chapter 28A.05 RCW. WSR 84-11-049 (Order 7-84), § 180-51-115, filed 5/17/84.

Wash. Admin. Code § 180-51-201 Overview of the requirements for a high school diploma beginning in 2020.

For students who enter the ninth grade or begin the equivalent of a four-year high school program as of July 1, 2016, (the class of 2020) or later, the graduation requirements shall consist of:

(1) State credit and subject area requirements as established in WAC 180-51-067, 180-51-068, or 180-51-210 in this chapter, depending on the credit graduation requirements aligned with the year the student entered ninth grade; and, credit and subject area requirements established by local school boards. Students in the class of 2019 and the class of 2020 in districts with a waiver to delay implementation of WAC 180-51-068 shall graduate with the credit and subject area requirements of WAC 180-51-067 until the expiration of the waiver.

(2) A high school and beyond plan that must include the minimum requirements established in RCW 28A.230.090 and WAC 180-51-220 in this chapter. Local school boards may establish additional requirements for a high school and beyond plan to serve the needs and interests of its students. Any decision on whether a student has met the requirement of a high school and beyond plan shall be made by the district.

(3) A graduation pathway option. Students must meet the requirements of at least one of nine graduation pathway options in chapter 28A.655 RCW and WAC 180-51-230.

History

Statutory Authority: RCW 28A.305.130. WSR 24-02-066, § 180-51-201, filed 12/29/23, effective 1/29/24. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-201, filed 12/13/19, effective 1/13/20.

Wash. Admin. Code § 180-51-210 State subject and credit requirements for high school graduation.

(1) Definitions. The definitions in this section apply throughout this chapter.

(a) "Laboratory science" means any instruction that provides opportunities for students to interact directly with the material world, or with data drawn from the material world, using the tools, data collection techniques, models and theories of science. A laboratory science course meeting the requirement of subsection (4) of this section may include courses conducted in classroom facilities specially designed for laboratory science, or course work in traditional classrooms, outdoor spaces, or other settings which accommodate elements of laboratory science as identified in this subsection;

(b) "Personalized pathway" means a locally determined body of course work identified in a student's high school and beyond plan that is deemed necessary to attain the postsecondary career or educational goals chosen by the student;

(c) "Personalized pathway requirements" means up to three course credits chosen by a student that are included in a student's personalized pathway, that prepare the student to meet specific postsecondary career or educational goals, and that align with the student's high school and beyond plan. A student's personalized pathway requirements are included in the student's flexible credits, as defined in this subsection.

(d) "Core credit" is a credit earned through course work or through mastery-based credit in the subject areas listed in subsection (4) of this section. Students subject to the graduation requirements in this section must earn 17 core credits in high school. Core credits do not include electives or personalized pathway requirements and may not be waived under RCW 28A.230.090 (1)(e) or subsection (2) of this section.

(e) "Flexible credit" is a credit that is either an elective credit or a personalized pathway requirement. Flexible credits may be waived under RCW 28A.230.090 and subsection (2) of this section, and are listed in subsection (5) of this section.

(2) A school district that grants high school diplomas may waive up to two of the flexible credits required for graduation under subsection (5) of this section for an individual student, based on the student's circumstances. Districts will grant any such waiver in accordance with written district policy. A student granted a waiver under this subsection must earn the core credits in subsection (4) of this section, but may graduate with as few as 22 credits, rather than 24 credits.

(3) The statewide subject areas and credits required for high school graduation, for students who enter the ninth grade or begin the equivalent of a four-year high school program on or after July 1, 2017, (the class of 2021 and beyond) shall total 24, except as otherwise provided in this section. The 24 subject area credits for graduation include core credits and flexible credits listed in subsections (4) and (5) of this section. All credits are to be aligned with the state's learning standards developed under RCW 28A.655.070 for the subject and may be earned through mastery-based credit. The contents of any course shall be determined by the local school district. Districts are encouraged to adopt culturally responsive curricula that is relevant to the district's students, including the incorporation of curricula about the history, culture, and government of the nearest federally recognized Indian tribe or tribes as required by RCW 28A.320.170.

(4) Core credits are credits and subject areas that may not be waived under RCW 28A.230.090 (1)(e) and subsection (2) of this section. The core credits include:

(a) Four English credits.

(b) Three mathematics credits.

(i) Unless otherwise provided for in (b)(ii), (iii), or (iv) of this subsection, the three mathematics credits required under this section must include:

(A) Algebra 1 or integrated mathematics I;

(B) Geometry or integrated mathematics II; and

(C) A third credit of high school mathematics, aligning with the student's interests and high school and beyond plan, with agreement of the student's parent or guardian. The high school and beyond plan must be provided to the student's parents or guardians in their native language if that language is one of the two most frequently spoken non-English languages of students in the district (RCW 28A.230.090). Districts are encouraged to provide plans to parents and guardians in additional languages as needed, to the extent feasible. If the parent or guardian is unavailable or does not indicate a preference for a specific course, agreement may be provided by the school counselor or principal.

(ii) A student who prior to ninth grade successfully completes one or more high school level math courses with a passing grade that is automatically transcribed on the student's high school transcript in accordance with RCW 28A.230.090 and WAC 180-51-030, or a student who demonstrates mastery in high school math subjects and has received credit for them, may use these credits to meet their math graduation requirements. Refer to WAC 180-51-030 for information about opting out of credits and numerical grades. Upon completion of algebra 1 or integrated math I, geometry or integrated math II, and a third credit of high school level math that aligns with the student's high school and beyond plan, schools are urged to encourage the student to consider additional math courses, which align with the student's education and career goals in their high school and beyond plan.

(iii) A student who prior to ninth grade successfully completes one or more high school level math courses with a passing grade and opts to receive no high school credit for such course(s) in accordance with RCW 28A.230.090 and WAC 180-51-030, or a student who demonstrated mastery in these subjects but did not receive high school credits, may either:

(A) Repeat the course(s) for credit in high school; or

(B) Earn three credits of high school mathematics in different math subjects than those completed before high school. The student must take algebra 1 or integrated mathematics I and geometry or integrated math II in high school if the student did not complete these courses at a high school level prior to high school, but the student does not need to repeat courses if the student already passed the courses at a high school level.

(iv) A student may substitute a computer science course aligned to state computer science learning standards as an alternative to a third credit of math if the requirements of subsection (10) of this section are met.

(i) Unless otherwise provided for in (c)(ii) of this subsection, at least two of the science credits must be in laboratory science. A student may choose the content of the third credit of science based on the student's interests and high school and beyond plan, with agreement of the student's parent or guardian. The high school and beyond plan must be provided to the student's parents or guardians in their native language if that language is one of the two most frequently spoken non-English languages of students in the district (RCW 28A.230.090). Districts are encouraged to provide plans to parents and guardians in additional languages as needed, to the extent feasible. If the parent or guardian is unavailable or does not indicate a preference for a specific course, the school counselor or principal may provide agreement with the plan.

(ii) A student may substitute a computer science course aligned to state computer science learning standards as an alternative to a third science credit, which may be a laboratory science course, if the requirements of subsection (10) of this section are met.

(d) Three social studies credits (two credits prescribed courses, plus one credit social studies elective) and Washington state history and government, a noncredit requirement typically met in middle school. In accordance with RCW 28A.320.170, when a school district board of directors reviews or adopts its social studies curriculum, it shall incorporate curricula about the history, culture, and government of the nearest federally recognized Indian tribe or tribes, so that students learn about the unique heritage and experience of those tribe or tribes. The social studies requirement shall consist of the following mandatory courses:

(i) One credit shall be required in United States history or its equivalent.

(ii) One-half credit shall be required in contemporary world history, geography, and problems, or its equivalent. Courses in economics, sociology, civics (through the class of 2023), political science, international relations, or related courses with emphasis on contemporary world problems may be accepted as equivalencies.

(iii) One-half credit shall be required in civics, including at a minimum the content listed in RCW 28A.230.094. Starting with the class of 2024, districts must offer this graduation requirement as a stand-alone course, subject to the provisions of RCW 28A.230.094.

(iv) Successful completion of Washington state history and government shall be required, subject to the provisions of RCW 28A.230.170, 28A.230.090, 28A.320.170 and WAC 392-410-120, and shall include information on the cultures, histories, and governments of the American Indian peoples who are the first inhabitants of the state. Successful completion of Washington state history must be noted on each student's transcript. The Washington state history requirement may be waived by the principal for individual students who:

(A) Have successfully completed a state history course of study in another state; or

(B) Are in 11th or 12th grade and who have not completed a course of study in Washington's history because of previous residence outside the state or because emergency school closure, or other circumstance due to an emergency, prevented the student from having the opportunity to fulfill this requirement.

(e) One-half credit of health.

(f) One and one-half credit of physical education. Students may be excused from the physical education requirement under RCW 28A.230.050. Such excused students shall be required to demonstrate mastery in the knowledge portion of the physical education requirement, in accordance with written district policy. Such policies should be based upon addressing health and physical education learning standards as well as alternative means of engaging in physical activities, as directed in RCW 28A.210.365.

(g) One credit in career and technical education.

(i) Courses that meet this requirement include courses that are part of career and technical education programs, as defined in chapter 28A.700 RCW, or occupational education courses as identified by the district. "Occupational education" means credits resulting from a series of learning experiences designed to assist the student to acquire and demonstrate mastery of skills under student learning goal four and are required for success in current and emerging occupations. At a minimum, these competencies shall align with the definition of an exploratory course as contained in the career and technical program standards of the office of the superintendent of public instruction. Districts are encouraged to offer career and technical education programs, as defined in RCW 28A.700.010.

(ii) An exception of the career and technical education requirement may be made for private schools as provided in WAC 180-90-160.

(iii) A student who earns credit through a career and technical education course determined by the district or by the office of the superintendent of public instruction to be equivalent to a noncareer and technical education core course (RCW 28A.700.070 and subsection (7) of this section), will not be required to pass a course in the noncareer and technical education subject to earn a credit in that subject. The student earns one credit while meeting two graduation requirements, a career and technical education requirement and the noncareer and technical education subject requirement. The total number of credits required for graduation remain unchanged, and the student will need to earn an additional elective credit.

(h) One arts credit. The essential content in this subject area may be satisfied in dance, media arts, music, theater, and visual arts.

(5) Flexible credits are credits that may be waived under RCW 28A.230.090 and subsection (2) of this section. Districts may replace these credits with local district requirements through written district policy. Flexible credits include:

(a) One arts credit. The essential content in this subject area may be satisfied in dance, media arts, music, theater and visual arts. This credit may be replaced with a personalized pathway requirement as provided in subsection (1)(c) of this section.

(b) Two credits in world languages. These credits may be replaced with personalized pathway requirements as provided in subsection (1)(c) of this section. If the student has an educational goal of attaining a baccalaureate degree, the student shall be advised to earn at least two credits in the same world language. Students who earn a Seal of Biliteracy (RCW 28A.300.575) are considered to have met this requirement.

(6) Each student shall have a high school and beyond plan to guide his or her high school experience and prepare the student for postsecondary education, training, and career, as described in WAC 180-51-220.

(7) Career and technical education courses determined by the district or by the office of the superintendent of public instruction to be equivalent to a noncareer and technical education course in accordance with RCW 28A.700.070 can be taken for credit in place of that course. Equivalencies may be determined for any of the core credit graduation requirements of subsection (4) of this section.

(8) Students who complete and pass all required International Baccalaureate Diploma Programme courses are considered to have satisfied state subject and credit requirements for graduation from a public high school, subject to the provisions of RCW 28A.230.090, 28A.230.170, and chapter 28A.230 RCW.

(9) A student with an individualized education program (IEP) must be provided the opportunity to meet graduation requirements that align with the student's high school and beyond plan, pursuant to WAC 180-51-115.

(10) A student may substitute a computer science course aligned to state computer science learning standards as an alternative to a third science credit, which may be laboratory science, or to a third math credit. This substitution of computer science for a third credit of math or a third credit of science may only be used once per student, and the following requirements must be met:

(a) Prior to the substitution, the school counselor provides the student and the student's parent or guardian with written notification of the consequences of the substitution on postsecondary opportunities;

(b) The student, the student's parent or guardian, and the student's school counselor or principal agree to the substitution; and

History

Statutory Authority: RCW 28A.230.090 and 28A.150.220(7). WSR 23-06-078, § 180-51-210, filed 3/1/23, effective 4/1/23. Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-51-210, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-210, filed 12/13/19, effective 1/13/20.

Wash. Admin. Code § 180-51-220 High school and beyond plan.

(1) Each student must have a high school and beyond plan informed by a career interest and skills inventory administered by seventh grade to inform eighth grade course-taking. By the end of the eighth grade, each student will have begun a high school and beyond plan that includes a plan for course-taking in the first year of high school that aligns with graduation requirements and the student's high school and posthigh school goals.

(2) Beginning in the 2020-21 school year, each school district must have an electronic high school and beyond plan platform available to all students who are required to have a high school and beyond plan. Within two years of completion of a universal online high school and beyond plan platform in alignment with the requirements in RCW 28A.230.215, school districts must provide students with access to the adopted universal platform.

(3) Required elements of all high school and beyond plans must at minimum include:

(a) Identification of career goals and interests aided by a skills and interest assessment.

(b) Identification of secondary and postsecondary education and training goals.

(c) A four-year plan for courses taken in high school that satisfies state and local graduation requirements and aligns with students' secondary and postsecondary goals that may include education, training, and career preparation.

(d) Identification of options for satisfying state and local graduation requirements, including:

(i) Available advanced course sequences per the school district's academic acceleration policy, as described in RCW 28A.320.195.

(ii) Dual credit courses.

(iii) Career and technical education courses and programs, including career and technical education equivalency courses that can satisfy core subject area graduation requirements under RCW 28A.230.097.

(iv) Work-based learning opportunities that can lead to technical college certifications and apprenticeships.

(v) Mastery-based credit opportunities, including options for earning the Seal of Biliteracy.

(vi) If applicable, opportunities for credit recovery and acceleration, including partial and mastery-based credit accrual to eliminate barriers for on-time grade level progression and graduation per RCW 28A.320.192.

(e) A current resume or activity log that provides a written compilation of the student's education, any work experience, and any community service, and how the district recognizes community service pursuant to RCW 28A.320.193.

(f) Evidence that the student has received information on federal and state financial aid programs that help pay for the costs of postsecondary programs, including evidence that the student has received information about the following:

(i) The college bound scholarship program established in chapter 28B.118 RCW, the Washington college grant created in RCW 28B.92.200, and other scholarship opportunities.

(ii) Documentation necessary for completing financial aid applications, including at a minimum the Free Application for Federal Student Aid (FAFSA) or the Washington application for state financial aid (WASFA).

(iii) Application and submission deadlines.

(iv) The importance of submitting applications early.

(v) Information specific to students who are or have been the subject of a dependency proceeding pursuant to chapter 13.34 RCW.

(vi) Information specific to students who are, or are at risk of, experiencing homelessness.

(vii) Information specific to students whose family member or guardians will be required to provide financial and tax information necessary to complete the application.

(viii) Opportunities to participate in sessions that assist students and, when necessary, their family members or guardians, in filling out financial aid applications.

(ix) A sample financial aid letter and a link to the financial aid calculator created in RCW 28B.77.280.

(x) Information provided on the Washington student achievement council website concerning each of the state and federal financial aid applications in this subsection, in accordance with RCW 28A.300.815.

(g) As established by RCW 28A.230.097, if a student completes a career and technical education equivalency course that is transcribed as a core subject area course to meet graduation requirements, then a record showing that the career and technical education course was used to meet a core course must be retained in the student's high school and beyond plan. This record may be useful if the student pursues education, training, or a career in the same or related field as the career and technical education course.

(4) High school and beyond plan process and development.

(a) By seventh grade, each student must be administered a career interest and skills inventory that will help inform the student's eighth grade course taking and initial identification of their education and career goals.

(b) By eighth grade, each student must have begun development of a high school and beyond plan that includes a proposed plan for first-year high school courses aligned with graduation requirements and secondary and postsecondary goals.

(c) Seventh and eighth grade students must be informed of the college bound scholarship program established in chapter 28B.118 RCW. Students who are or have been the subject of a dependency proceeding pursuant to chapter 13.34 RCW, students who are or who are at risk of experiencing homelessness, and ninth grade students who may be eligible must also be provided with information on the program. Students in the college bound scholarship program should be reminded about program requirements to remain eligible and provided with information about filling out a financial aid application in their senior year.

(d) With staff support, students must update their high school and beyond plan annually, at a minimum, to review academic progress and inform future course-taking, including the potential impact of course selections on postsecondary opportunities. The review may include in-school or out-of-school opportunities that would help prepare students for their career or educational goals, such as summer learning opportunities, internships, student leadership organizations and clubs, and community service.

(e) The high school and beyond plan must be updated in the tenth grade to reflect high school assessment results in RCW 28A.655.061, ensure student access to advanced course options per the district's academic acceleration policy in RCW 28A.320.195, assess progress toward identified goals, and revised as necessary for changing interests, goals, and needs.

(f) School districts shall involve parents and legal guardians to the greatest extent feasible in the process of developing and updating the high school and beyond plan. The plan must be provided to the student and the student's parents or legal guardians in a language the student and parents or legal guardians understand and in accordance with the school district's language access policy and procedures as required under chapter 28A.183 RCW, which may require language assistance for students and parents or legal guardians with limited-English proficiency.

(g) School districts must annually provide students in grades eight through 12 and their parents or legal guardians with comprehensive information about the graduation pathway options offered by the district and are strongly encouraged to begin providing this information in sixth grade. School districts must provide this information in a manner that conforms with the school district's language access policy and procedures as required under chapter 28A.183 RCW.

(h) School districts are strongly encouraged to partner with student-serving, community-based organizations that support career and college exploration and preparation for postsecondary and career pathways. Partnerships may include high school and beyond plan coordination and planning, data sharing agreements, and safe and secure access to individual students' high school and beyond plans.

(i) Students who have not earned a score of level 3 or level 4 on the middle school math state assessment must include in their plan taking a math course in each of ninth and tenth grade. The math courses may include career and technical education equivalencies in math, established in RCW 28A.230.097.

(j) For students who have not earned a level 3 or level 4 on their middle school English language arts exam or their middle school science exam, districts are encouraged to inform students of supports and courses that will address students' learning needs and be considered in students' course-taking plans.

(k) The high school and beyond plan must be updated annually at a minimum to address:

(i) High school assessment results and junior year course-taking.

(ii) A student's changing interests, goals, and needs, including identification of the graduation pathway option(s) the student intends to complete to meet their educational and career goals.

(iii) Available interventions, academic supports, and courses that will enable students to meet high school graduation credit requirements and graduation pathway requirements.

(l) For students meeting graduation requirements in WAC 180-51-068 and 180-51-210, the students' high school and beyond plans should be used to guide the choices of the third credit of high school math and the third credit of high school science. These credits may be earned through career and technical education courses determined to be equivalent to math and science courses as established in RCW 28A.230.097.

(m) A student's high school and beyond plan must inform the student's choice of their graduation pathway option or options in accordance with WAC 180-51-230.

(5) For a student with an individualized education program (IEP), the student's IEP and high school and beyond plan must align. Students with an IEP transition plan, which begins during the school year in which they turn 16, may use their transition plan in support of, but not as a replacement for, their high school and beyond plan. The process for developing and updating the student's high school and beyond plans must be similar to and conducted with similar school personnel as for all other students. The student's high school and beyond plans must be updated in alignment with the student's school to postschool transition plan.

(6) Any decision on whether a student has met the state board of education's high school graduation requirements for a high school and beyond plan shall remain at the local level. A district may establish additional, local requirements for a high school and beyond plan to serve the needs and interests of its students and the purposes of RCW 28A.230.090.

(7) Districts may offer core and elective courses that embed required elements and processes of high school and beyond planning and are encouraged to provide annual credit-bearing options for the delivery and completion of high school and beyond plan elements. Conversely, a high school and beyond planning course or courses may be counted as core or elective credit, as defined in WAC 180-51-210, if the learning standards of the content area are addressed.

History

Statutory Authority: RCW 28A.305.130. WSR 24-02-066, § 180-51-220, filed 12/29/23, effective 1/29/24. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-220, filed 12/13/19, effective 1/13/20.

Wash. Admin. Code § 180-51-230 Graduation pathway options.

(1) Beginning with the graduating class of 2020, each student must meet the requirements of at least one of the nine graduation pathway options in this section. Each of the graduation pathway options are equally valid for earning a Washington state high school diploma.

(2) School districts are encouraged to make the nine graduation pathways specified below available to their students and to expand their pathway options until this goal is met yet have discretion in determining which graduation pathway options they will offer.

(a) Student access to all pathways offered by a district must not be restricted based on a student's disability. Students receiving special education services must be provided with the services and accommodations outlined in the student's individualized education program to support them in meeting the pathway requirement.

(b) Starting in the sixth grade, school districts are strongly encouraged to annually provide students and their parents or guardians with comprehensive information about graduation pathway options offered by the school district.

(c) Beginning in the eighth grade, school districts must annually provide information about graduation pathway options to students and their parents or guardians as part of the students' high school and beyond plan. The information must be provided in a manner that conforms with the school district's language access policy and procedures as required under RCW 28A.183.040.

(3) The state board of education shall review and monitor the implementation of the graduation pathway options to ensure school district compliance with requirements established under RCW 28A.655.250 and subsection (4) of this section. The reviews and monitoring required by this subsection may be conducted concurrently with other oversight and monitoring conducted by the state board of education. The information shall be collected annually and reported to the education committees of the legislature by January 10, 2025, and biennially thereafter.

(4) At least annually, school districts shall examine data on student groups participating in and completing each graduation pathway option offered by the school district.

(a) At minimum, the data on graduation pathway participation and completion must be disaggregated by the student groups described in RCW 28A.300.042 (1) and (3), and by:

(i) Gender;

(ii) Students who are the subject of a dependency proceeding pursuant to chapter 13.34 RCW;

(iii) Students who are experiencing homelessness as defined in RCW 28A.300.542(4);

(iv) Multilingual/English language learners.

(b) If the results of the analysis required under (a) of this subsection show disproportionate participation and completion rates by student groups, then the school district shall identify reasons for the observed disproportionality and implement strategies as appropriate to ensure the graduation pathway options are equitably available to all students in the school district.

(5) The graduation pathway option(s) used by a student must be in alignment with the student's high school and beyond plan.

(6) All assessment scores used for graduation pathways in subsection (7)(a) through (g) of this section will be posted on the state board of education website. Assessment scores that the state board of education is responsible for setting, will only be changed through a public process culminating in official board action in a public board meeting.

(7) The following are the nine graduation pathway options:

(a) Statewide high school assessments. Meet or exceed the graduation standard established by the state board of education under RCW 28A.305.130 on the statewide high school assessments in English language arts and mathematics as provided for under RCW 28A.655.070.

(b) Dual credit courses. Earn at least one high school credit in English language arts and at least one high school credit in mathematics in dual credit courses. For the purposes of this subsection, "dual credit course" means a course in which a student is eligible for both high school credit and college credit at the level of 100 or higher, upon successfully completing the course, by meeting the dual credit course or program criteria established by the local district and the applicable higher education entity. Dual credit courses include running start, college in the high school courses, and career and technical education dual credit courses. Nothing in this subsection requires a student to pay fees or claim college credit to meet this pathway.

(c) Transition courses. Earn high school credit in a high school transition course in English language arts and mathematics, an example of which includes a bridge to college course. For the purposes of this subsection, "high school transition course" means an English language arts or mathematics course offered in high school that, based on the final grade, allows the student to place directly into a credit-bearing college level course at participating institutions of higher education in RCW 28B.10.016, in accordance with established policy and criteria of the local school district and the applicable higher education entity. This definition includes transition courses identified through local agreements between colleges and school districts. English language arts and math high school transition courses must satisfy a student's core or elective credit graduation requirements established by the state board of education in WAC 180-51-210.

(d) Advanced placement, international baccalaureate, or Cambridge international. Meet either (d)(i) or (ii) of this subsection:

(i) Earn high school credit, with a grade of C+ or higher in each term, in the following advanced placement, international baccalaureate, or Cambridge international courses in English language arts and mathematics.

(A) For English language arts, successfully complete one high school credit in any of the following courses with a grade of C+ or higher in each term: Advanced placement courses in English language and composition, English literature and composition, macroeconomics, microeconomics, psychology, United States history, world history, United States government and politics, comparative government and politics, European history, human geography, African American studies, seminar, or research; any of the international baccalaureate individuals and societies courses or English language and literature courses; or earn an E in any of the following Cambridge advanced or Cambridge advanced subsidiary courses: English language, literature and English, English general paper, psychology, history, sociology, global perspectives and research, law, classical studies, drama, economics, thinking skills, or geography.

(B) For mathematics, successfully complete one high school credit in any of the following courses with a grade of C+ or higher: Advanced placement courses in statistics, computer science A, computer science principles, precalculus or calculus; any of the international baccalaureate mathematics or computer science courses; or a Cambridge advanced or advanced subsidiary mathematics, further mathematics, or computer science course.

(ii) Score a three or higher on advanced placement exams in one of the English language arts and one of the mathematics courses identified above; score a four or higher on international baccalaureate exams in one of the English language arts and one of the mathematics courses identified above; or score an E or higher on Cambridge international exams in one of the English language arts and one of the mathematics courses identified above.

(e) SAT or ACT. Meet or exceed the scores established by the state board of education for the mathematics portion and the reading, English, and writing portion of the SAT or ACT.

(f) Performance-based learning experience. Complete a performance-based learning experience that results in a product created by the student that provides evidence of meeting or exceeding state learning standards in English language arts and mathematics. The learning experience may take a variety of forms such as a project, practicum, work-related experience, community service, or cultural activity and should permit the student to demonstrate knowledge and skills in a real-world context. "Real-world context" means learning experiences that provide students the opportunity to carry out activities and solve problems in a way that reflects the complex nature of such tasks in the world outside of the classroom. The product may take a variety of forms such as a performance, presentation, portfolio, report, film, or exhibit that allows the student to demonstrate meeting or exceeding English language arts and/or math learning standards.

(i) Prior to offering a performance-based pathway option, the school district board of directors shall adopt a written policy. The policy must address:

(A) Approval of student proposals.

(B) Approval of school or district-developed performance-based pathway options, if the district chooses to provide such options. For a student to use a school or district-developed performance-based pathway option, the student will sign a learning contract with the school or district.

(C) Evaluation of student products. The evaluation of each student's product must be conducted by a certificated teacher with an endorsement in the relevant subject area, or with other applicable qualifications as permitted by the professional educator standards board, or by an evaluation panel that must include at least one teacher with an endorsement in the relevant subject area, or with other applicable qualifications as permitted by the professional educator standards board. The evaluation panel may include external parties such as community leaders or professionals. Districts are encouraged to use a panel of evaluators.

(D) Measures to ensure the safety of the student learning experience, including if appropriate, work-based learning rules, industry safety standards, youth employment regulations, and local risk management practices.

(ii) To complete a performance-based graduation pathway option, a student shall:

(A) Submit a proposal or sign a learning contract. The proposal or learning contract must describe the student learning experience, the product based on the student learning experience that will allow the student to demonstrate meeting or exceeding English language arts and/or math standards. The proposal or learning contract must identify the learning standards in English language arts and/or math that will be addressed, in accordance with performance-based pathway graduation proficiency targets posted on the state board of education web page and may include additional learning standards appropriate for the individual student's performance-based pathway.

(B) Engage in a student learning experience that takes place no earlier than the student's ninth grade year. The student learning experience may take place outside of the school day and outside of the school facility, or it may be incorporated into a school day and into a high school course or courses provided the learning experience reflects a real-world context.

(C) Submit a product created by the student based on the student learning experience that permits the student to demonstrate meeting or exceeding the English language arts and/or math learning standards identified in the student's proposal or learning contract. The product must include a student reflection that minimally identifies the connection between the student's learning and the student's preparation for their posthigh school goals and includes a student self-evaluation of the skills and learning gained.

(iii) The decision as to whether a student meets the graduation pathway requirement through a performance-based pathway option will be locally determined based on an evaluation of the student's product as a demonstration of meeting English language arts and/or math standards identified in the proposal/learning contract. Districts may collaborate on the evaluation process.

(A) Evaluation of the student's project must be conducted by a certificated teacher endorsed in the relevant subject area, or with other applicable qualifications permitted by the professional educators standards board, or an evaluation panel that must involve at least one certificated teacher endorsed in the relevant subject area, or with other applicable qualifications permitted by the professional educators standards board. The evaluation panel may include external parties such as community leaders or professionals. Districts are encouraged to use a panel of evaluators.

(B) The evaluation to determine whether the student has met the identified state learning standards must be based on rubrics and proficiency targets developed by the state board of education in collaboration with the office of the superintendent of public instruction. The rubrics and proficiency targets will be posted on the state board of education website. As state learning standards are updated under RCW 28A.655.070, the rubrics and proficiency targets will be updated, if needed, within one year.

(g) Combination. Meet any combination of at least one English language arts option and at least one mathematics option established in pathway options (a) through (f) of this subsection.

(h) Armed services vocational aptitude battery.

(i) Meet standard on the armed forces qualification test portion of the armed services vocational aptitude battery by scoring at least the minimum established by the military for eligibility to serve in a branch of the armed services at the time that the student takes the assessment. The state board of education will post eligibility scores at least annually by September 1st. Each student may choose to meet either the posted minimum score the year a student takes the armed services vocational aptitude battery or the score posted by the state board of education on a later date prior to the student turning 21 years of age.

(ii) The school must inform the students taking the armed services vocational aptitude battery about the minimum eligibility score required by each branch of the military as well as information about eligibility requirements for specific military occupations. Schools are encouraged to schedule an armed services vocational aptitude battery career exploration program interpretation seminar after the test so students can participate in high school and beyond planning and learn about available military and nonmilitary occupations for which they have an aptitude. The state board of education will maintain a web page with information about military occupation requirements and minimum eligibility scores required by each branch of the military.

(iii) Schools that offer the armed services vocational aptitude battery must inform students regarding the ways in which their scores and personal information might be shared, per the agreement between the school and the United States Department of Defense which administers the armed services vocational aptitude battery. Each student must be given prior written notice of the option to decide whether the school can release the student's armed services vocational aptitude battery scores to military recruiters for contact purposes. A school administrator, teacher, or counselor must also explain and offer this option to the students on the day of the test.

(iv) This pathway does not require students to meet the physical or other requirements for military enlistment, require enlistment, or require students to release their scores to the military for purposes of recruitment.

(v) Satisfying this pathway does not require students to meet the separate English and mathematics graduation pathway requirements of pathway options (a) through (g) of this subsection.

(i) Career and technical education course sequence. Complete the curriculum requirements of a core plus program relevant to the student's postsecondary goals outlined in the student's high school and beyond plan as defined in WAC 180-51-220 in aerospace, maritime, health care, information technology, or construction and manufacturing; or complete a sequence of at least two high school credits in career and technical education courses that meet the following criteria:

(i) The sequence is comprised of courses that are technically intensive and rigorous in a progression relevant to the student's postsecondary goals outlined in the student's high school and beyond plan as defined in WAC 180-51-220. Courses to satisfy this pathway must be comprised of either:

(A) Courses within the same career and technical program area; or

(B) A local sequence of courses within more than one career and technical program area if approved by a district's local school board, local board's designee, or the district's local vocational (career and technical education) advisory committee established under RCW 28A.150.500 and submitted to the office of the superintendent of public instruction for an expedited approval. A sequence submitted to the office of superintendent of public instruction for expedited approval will be deemed approved if a decision is not provided to the district within 45 calendar days of submittal. If a sequence is denied approval, the office of superintendent of public instruction must provide the district with a written notification including the reason for denial. Once a local sequence has been approved by the office of superintendent of public instruction, it may be implemented in other districts with notification of implementation to the office of superintendent of public instruction.

(ii) Each sequence of career and technical education courses must be comprised of courses that meet the minimum criteria identified in RCW 28A.700.030. Specifically, the courses must:

(A) Satisfy either of the following conditions:

(I) Lead to a certificate or credential that is state or nationally recognized by trades, industries, or other professional associations as necessary for employment or advancement in that field; or

(II) Allow students to earn dual credit for high school and college through tech prep (career technical education dual credit), advanced placement, or other agreements or programs.

(B) Be comprised of a sequenced progression of multiple courses that are technically intensive and rigorous; and

(C) Lead to workforce entry, state or nationally approved apprenticeships, or postsecondary education in a related field.

(iii) Satisfying the career technical education pathway does not require a student to take a course that is part of a career and technical education preparatory program that is approved under RCW 28A.700.030 nor does satisfying this pathway require students to meet the separate English and mathematics graduation pathway requirements of pathway options (a) through (g) of this subsection.

(iv) A course that is used to meet graduation pathway requirements may also be used to meet credit subject area requirements, including career and technical education course equivalencies per RCW 28A.700.070.

History

Statutory Authority: RCW 28A.305.130. WSR 24-02-066, § 180-51-230, filed 12/29/23, effective 1/29/24. Statutory Authority: RCW 28A.230.090. WSR 20-01-101, § 180-51-230, filed 12/13/19, effective 1/13/20.

Chapter 180-52 Tests for students receiving home-based instruction.

Wash. Admin. Code § 180-52-070 Approved standardized tests for use by students receiving home-based instruction—Examples—Assistance.

(1)(a) Pursuant to RCW 28A.200.010, the state board of education will provide a list of examples of standardized achievement tests that a parent may use to assess and determine whether their child is making reasonable academic progress.

(b) Tests on the list are approved by the state board of education on the basis that they are standardized achievement tests.

(c) Parents may use a standardized test that does not appear on the list of examples if it has been evaluated by a test evaluation organization recognized by the state board of education and cited on the state board web page.

(d) Parents may contact the state board of education office for assistance in determining if a test of their choosing that is not on the list of examples is standardized.

(2) The list of examples of standardized achievement tests shall be:

(a) Made available on the web page of the state board;

(b) Included in the following publication of the office of the superintendent of public instruction, "Washington's State Laws Regulating Home-Based Instruction"; and

(3) The list of examples of standardized achievement tests on the state board web page may not be changed without prior approval of the state board of education.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-52-070, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.200.010(3). WSR 02-14-125, § 180-52-070, filed 7/2/02, effective 8/2/02.

Chapter 180-55 Private school accreditation.

Wash. Admin. Code § 180-55-005 Purpose and authority.

(1) Purpose. The provision of school accreditation procedures for approved private schools by the state board of education is designed to serve the following purposes:

(a) Support the state board's long-term vision of a performance-based education system by aligning school accreditation requirements to continuous improvement of student learning, achievement, and growth;

(b) Promote educational excellence and equity for every student through enhancement of the quality and effectiveness of the school's educational program in safe and supportive learning environments;

(d) Build stronger links with families, parents, and the community by reaching consensus about educational expectations through family, parent, and community involvement;

(e) Provide a statement of accountability to the public;

(f) Validate effective practices and positive impacts on student learning in private schools through an external appraisal process; and

(g) Protect the health, safety, and well-being of children who are served in residential private schools through accreditation or licensing of residential facilities.

(2) Authority. The authority for this chapter is RCW 28A.305.130.

History

Statutory Authority: RCW 28A.305.130 and 2023 c 441. WSR 25-13-031, s 180-55-005, filed 6/9/25, effective 7/10/25. Statutory Authority: RCW 28A.305.130(6), 28A.150.220(4), and 28A.305.140. WSR 06-23-012, § 180-55-005, filed 11/2/06, effective 12/3/06
WSR 05-08-015, § 180-55-005, filed 3/28/05, effective 4/28/05
WSR 04-04-093, § 180-55-005, filed 2/3/04, effective 3/5/04
WSR 02-18-056, § 180-55-005, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.305.130(6). WSR 91-04-015, § 180-55-005, filed 1/28/91, effective 2/28/91. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-55-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(4). WSR 81-08-027 (Order 2-85), § 180-55-005, filed 3/26/81.

Wash. Admin. Code § 180-55-015 Definitions.

(1) An "accredited school" is a state board of education approved private school that meets statutory requirements and rules established by the state board of education, and one that has satisfactorily completed the accreditation procedures described by the state board of education pursuant to RCW 28A.305.130(5) and WAC 180-55-005 through 180-55-020.

(2) "Approved private school" shall mean a nonpublic school approved by the state board of education pursuant to RCW 28A.305.130, chapter 28A.195 RCW, and chapter 180-90 WAC.

(3) "Approved residential private school" means a nonpublic school or nonpublic school district approved by the state board of education pursuant to RCW 28A.305.130, chapter 28A.195 RCW, and chapter 180-90 WAC that provides sleeping and living facilities or residential accommodations for enrolled students.

(4) "Accredited" status shall be assigned to state board of education approved private schools that:

(a) Complete and meet fully state board of education requirements for accreditation as described in WAC 180-55-020; or

(b) Participate and qualify in accordance with standards and procedures established by recognized accrediting bodies or recognized accrediting processes.

(5) "Accredited residential program" is a supplemental accreditation of a residential private school by an accreditor recognized by the state board of education for the purpose of accrediting student living accommodations.

(6) "School improvement plan" shall mean the same as described under WAC 180-16-220 (2)(b) and (d).

(7) "Continuous improvement process" shall mean the ongoing process used by a school to monitor, adjust, and update its school improvement plan.

(8) "Self-review" shall mean the same as described under WAC 180-16-220 (2)(c).

(9) "Appraisal" shall mean an objective, external appraisal of a school's self-review activities and school improvement plan pursuant to WAC 180-55-020(5).

(10) "Recognized accrediting body" shall mean an organization recognized by the state board of education and listed on the state board website.

(11) "Recognized accrediting process" shall mean the state board of education process managed through the educational service districts for approved private schools.

History

Statutory Authority: RCW 28A.305.130 and 2023 c 441. WSR 25-13-031, s 180-55-015, filed 6/9/25, effective 7/10/25. Statutory Authority: RCW 28A.305.130(6), 28A.150.220(4), and 28A.305.140. WSR 06-23-012, § 180-55-015, filed 11/2/06, effective 12/3/06
WSR 05-08-015, § 180-55-015, filed 3/28/05, effective 4/28/05
WSR 04-04-093, § 180-55-015, filed 2/3/04, effective 3/5/04
WSR 02-18-056, § 180-55-015, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.305.130(6). WSR 91-04-015, § 180-55-015, filed 1/28/91, effective 2/28/91. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-55-015, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.120(4). WSR 84-11-050 (Order 8-84), § 180-55-015, filed 5/17/84
WSR 81-08-027 (Order 2-85), § 180-55-015, filed 3/26/81.

Wash. Admin. Code § 180-55-017 Criteria for state board of education recognition of accrediting bodies.

(1)(a) Accrediting bodies recognized by the state board of education shall verify that standards for approved private schools seeking accreditation through them meet or exceed the school accreditation standards pursuant to WAC 180-16-220.

(b) Prior to being considered by the state board for recognition for the specific purpose of accrediting state board approved private schools, accrediting bodies shall have their accreditation standards verified for compliance under this subsection by a private school advisory committee established by the superintendent of public instruction pursuant to RCW 28A.195.050. If verified, the committee may recommend the accrediting body to the state board for recognition.

(c) A list of recognized accrediting bodies will be maintained on the website of the state board of education. The listing shall include an additional designation for accrediting bodies that are recognized for purposes of accreditation of student living accommodations at approved residential private schools.

(d) A recognized accrediting body must notify the board of any substantive changes to their accreditation standards or procedures and provide a copy of any revised standard when they are published.

(2) Private schools must be approved by the state board of education prior to being recommended by a state board of education recognized accrediting body or process for state accreditation consideration.

History

Statutory Authority: RCW 28A.305.130 and 2023 c 441. WSR 25-13-031, s 180-55-017, filed 6/9/25, effective 7/10/25. Statutory Authority: RCW 28A.305.130(6), 28A.150.220(4), and 28A.305.140. WSR 06-23-012, § 180-55-017, filed 11/2/06, effective 12/3/06
WSR 05-08-015, § 180-55-017, filed 3/28/05, effective 4/28/05.

Wash. Admin. Code § 180-55-020 Prerequisite to application for accreditation by approved private schools—Types of accreditation—Conditions—Effective periods—Administration of accreditation procedures.

(1) Certification by the state board of education of compliance with private school approval requirements under chapter 28A.190 RCW and chapter 180-90 WAC shall be prerequisite to a private school's application to the state board of education for accreditation under WAC 180-55-015 (3)(b).

(2) Standard accreditation - six years, shall be granted to an approved private school after a satisfactory external appraisal of the school's self-review activities and school improvement plan, and approval by the state board of education of the appraisal findings and recommendations by the external site appraisal team.

(3) Conditional accreditation - one year, for an approved private school where the external appraisal identifies omissions, inaccuracies or weaknesses in the building's self-review activities, or school improvement plan or continuous improvement process.

(4) Application. Application for school accreditation shall be made to the state board of education or other body or entity designated by the state board of education. Such application shall be submitted jointly by the appropriate officials of the private school and governing board, in accordance with procedures and timelines established by the state board of education.

(5)(a) External appraisal. The state board of education, or other body or entity designated by the state board of education, shall direct an external appraisal process for approved private school accreditation purposes. The state board may place yearly limits on the number of schools that may participate in the external appraisal process using the state board accreditation option. The external appraisal shall be conducted by persons external to the approved private school. The external site appraisal team shall include, but is not limited to, certificated teachers and administrators who may earn continuing education clock hours pursuant to WAC 180-85-033(2).

(b) The external appraisal shall focus on the provisions of WAC 180-16-220 (2)(b), (c) and (d), and 180-55-005(1). The appraisal shall focus on an analysis of the school's self-review activities, the school's improvement plan and its progress and impact, in particular relating to WAC 180-55-005 (1)(c), and the school's continuous improvement process.

History

Statutory Authority: RCW 28A.305.130(6), 28A.150.220(4), and 28A.305.140. WSR 06-23-012, § 180-55-020, filed 11/2/06, effective 12/3/06
WSR 04-04-093, § 180-55-020, filed 2/3/04, effective 3/5/04
WSR 02-18-056, § 180-55-020, filed 8/28/02, effective 9/28/02. Statutory Authority: RCW 28A.305.130(6). WSR 91-01-068, § 180-55-020, filed 12/14/90, effective 1/14/91. Statutory Authority: RCW 28A.04.120(4). WSR 84-11-050 (Order 8-84), § 180-55-020, filed 5/17/84
WSR 81-08-027 (Order 2-85), § 180-55-020, filed 3/26/81.

Wash. Admin. Code § 180-55-160 Criteria for accreditation of a residential private school student living accommodations.

(1) A recognized accrediting body that accredits student living accommodations at approved residential private schools may be recognized for the purpose of accrediting student living accommodations if the state board of education determines that the accrediting body's accreditation standards related to student living accommodations examine criteria comparable to the criteria established in negotiated rules developed by the department of children, youth, and families, to implement RCW 74.15.325. The standards for accreditation must be determined to be comparable and must address the needs of children and youth during noninstructional hours including, but not limited to:

(a) Space allotted to each child or youth for sleeping;

(b) Developmentally appropriate privacy requirements;

(d) Nutritional needs;

(e) Cleanliness and hygiene of living quarters;

(f) Social-emotional well-being during noninstructional hours;

(g) Health and wellness accommodations;

(h) Compliance with the Americans with Disabilities Act; and

(i) Physical safety.

(2) Accreditation of a residential program is a supplemental accreditation status. An accreditor recognized by the state board of education for the purpose of accrediting student living accommodations must also meet the criteria in WAC 180-55-017. An appropriately recognized accreditor may accredit the residential program only for schools that are fully accredited for their academic program by the same accrediting body.

History

Statutory Authority: RCW 28A.305.130 and 2023 c 441. WSR 25-13-031, s 180-55-160, filed 6/9/25, effective 7/10/25.

Wash. Admin. Code § 180-55-170 Process to request recognition by the state board of education.

(1) Entities that wish to be recognized for the purpose of accrediting approved private schools must contact the state board of education to identify materials necessary for review by the private school advisory committee, established by the superintendent of public instruction pursuant to RCW 28A.195.050 and, if applicable, consultation with the department of children, youth, and families.

(2) The private school advisory committee will review the materials provided and verify that the accrediting body's accreditation standards meet the requirements of this chapter. If verified, the committee may recommend the accrediting body to the state board for recognition. State board of education, in consultation with the department of children, youth, and families when applicable, retains final authority to recognize the accrediting body.

History

Statutory Authority: RCW 28A.305.130 and 2023 c 441. WSR 25-13-031, s 180-55-170, filed 6/9/25, effective 7/10/25.

Chapter 180-72 Adult education.

Wash. Admin. Code § 180-72-040 Purpose and authority.

(1) The major purposes of adult education in the state of Washington, as addressed in this chapter and in the applicable rules of the state board for community and technical colleges, are to raise the educational level of adults in the state who have not obtained an education consistent with their ability to learn and to provide adults disadvantaged through lack of a high school diploma with the opportunity to complete their high school education and to obtain proper recognition for it.

(2) The authority for this chapter is RCW 28A.230.090 and 28B.50.535, which authorizes and requires the state board of education to establish state minimum high school graduation requirements.

History

Statutory Authority: Chapter 28A.230 RCW and RCW 28B.50.915. WSR 04-20-093, § 180-72-040, filed 10/5/04, effective 11/5/04. Statutory Authority: RCW 28B.50.915. WSR 93-22-007, § 180-72-040, filed 10/21/93, effective 11/21/93
Order 5-70, § 180-72-040, filed 4/28/70.

Wash. Admin. Code § 180-72-050 Adult education defined.

For the purpose of this chapter "adult education" shall be defined as set forth in RCW 28B.50.030 which provides as follows: "Adult education" shall mean all education or instruction, including academic, vocational education or training, basic skills and literacy training, and "occupational education" (chapter 180-51 WAC) provided by public educational institutions and community-based organizations, including common school districts for persons who are eighteen years of age and over or who hold a high school diploma or certificate: However, "adult education" shall not include academic education or instruction for persons under twenty-one years of age who do not hold a high school degree or diploma and who are attending a public high school for the sole purpose of obtaining a high school diploma or certificate: Nor shall "adult education" include education or instruction provided by any four year public institution of higher education.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-72-050, filed 11/16/10, effective 12/17/10. Statutory Authority: Chapter 28A.230 RCW and RCW 28B.50.915. WSR 04-20-093, § 180-72-050, filed 10/5/04, effective 11/5/04. Statutory Authority: RCW 28B.50.915. WSR 93-22-007, § 180-72-050, filed 10/21/93, effective 11/21/93
Order 5-70, § 180-72-050, filed 4/28/70.

Wash. Admin. Code § 180-72-060 Adult high school completion education—Community/technical college and common school district participation.

A community or technical college district and a common school district under provisions of RCW 28B.50.530 may enter into an agreement for the conduct of an adult education program by the common school district on behalf of the community or technical college district when such program will not conflict with an existing program of the same nature and in the same geographical area conducted by the community or technical college district: Such program shall be established, administered and operated in accordance with rules, procedures and guidelines prescribed by the state board for community and technical colleges and WAC 180-51-050 (3) and (4).

History

Statutory Authority: Chapter 28A.230 RCW and RCW 28B.50.915. WSR 04-20-093, § 180-72-060, filed 10/5/04, effective 11/5/04. Statutory Authority: RCW 28B.50.915. WSR 93-22-007, § 180-72-060, filed 10/21/93, effective 11/21/93
Order 5-70, § 180-72-060, filed 4/28/70.

Wash. Admin. Code § 180-72-070 Federal programs for adult education.

It is the responsibility of the executive director of community and technical colleges to administer the programs of adult education supported in whole or in part by federal moneys made available for such purpose to the state board of community and technical colleges, and to authorize the operation of such programs by the common school districts of the state in accordance with procedures established by the state board of community and technical colleges: Provided, That the administration and operation of such adult education programs shall be consistent with the policy hereinbefore in WAC 180-72-040 set forth.

History

Statutory Authority: RCW 28B.50.915. WSR 93-22-007, § 180-72-070, filed 10/21/93, effective 11/21/93
Order 5-70, § 180-72-070, filed 4/28/70.

Chapter 180-90 Private schools.

Wash. Admin. Code § 180-90-105 Purpose and authority.

(1) The purpose of this chapter is to establish the procedures and conditions governing the approval of private schools by the state board of education and rescission of such approval.

(2) The authority for this chapter is RCW 28A.195.040 which authorizes the state board of education to promulgate rules and regulations for the approval of private schools for the purpose of implementing RCW 28A.225.010.

History

Statutory Authority: RCW 28A.195.040. WSR 03-04-053, § 180-90-105, filed 1/29/03, effective 3/1/03. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-90-105, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.02.240. WSR 85-24-056 (Order 23-85), § 180-90-105, filed 12/2/85.

Wash. Admin. Code § 180-90-112 Definitions.

The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Private school" means a nonpublic school or nonpublic school district approved by the state board of education pursuant to RCW 28A.305.130, and chapter 28A.195 RCW and in accordance with the minimum standards for approval as prescribed in this chapter.

(2)(a) "Reasonable health requirements" means those standards contained in chapter 246-366 WAC as adopted by the state board of health, and other applicable health requirements for private schools set by federal, state, or local health authorities.

(b) "Reasonable fire safety requirements" means those standards adopted by the state fire marshal pursuant to chapter 43.44 RCW.

(3)(a) "Minor deviation" means a variance from the standards established by these regulations which represents little or no threat to the health or safety of students and school personnel, and which does not impact the ability of the school to provide an educational program which is in substantial compliance with the minimum standards set forth in WAC 180-90-160, and which, therefore, does not preclude the granting of full approval.

(b) "Major deviation" means a variance from the standards established by these regulations which represents little or no threat to the health or safety of students and school personnel but may impact the ability of the school to provide an educational program which substantially complies with the minimum standards set forth in WAC 180-90-160, but is not so serious as to constitute an unacceptable deviation.

(i) Constitutes a threat to the health or safety of students or school personnel; or

(ii) Demonstrates that the school is not capable of providing an educational program which substantially complies with the minimum standards set forth in WAC 180-90-160.

(4) "Total instructional hour offering" means those hours when students are provided the opportunity to engage in educational activity planned by and under the direction of school staff, as directed by the administration and board of directors, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences which are planned and scheduled by the approved private school for the purpose of discussing students' educational needs for progress, and exclusive of time actually spent for meals.

(5) "Washington state certificated teacher, administrator, or superintendent" or "certified person" in this chapter means an educator holding a residency, professional, initial, continuing, or standard certificate under WAC 181-79A-142(1); or a first peoples' language, culture, and oral tribal traditions certificate under WAC 181-78A-700.

(6)(a) "Non-Washington state certificated teacher" means a person who does not hold a residency, professional, initial, continuing, or standard certificate under WAC 181-79A-142(1); or a first peoples' language, culture, and oral tribal traditions certificate under WAC 181-78A-700 but who has:

(i) A K-12 teaching certificate from a nationally accredited preparation program, other than Washington state, recognized by the U.S. Department of Education; or

(ii) A minimum of a baccalaureate degree in the subject matter to be taught or in a field closely related to the subject matter to be taught; or

(iii) A minimum of one calendar year of experience in a specialized field. For purposes of this subsection the term "specialized field" means a specialized area of the curriculum where skill or talent is applied and where entry into an occupation in such field generally does not require a baccalaureate degree including, but not limited to, the fields of art, drama, dance, music, physical education, and career and technical or occupational education.

(b) "Exceptional case" means that a circumstance exists within a private school in which:

(i) The educational program offered by the private school will be significantly improved with the employment of a non-Washington state certificated teacher. Each teacher not holding a valid Washington state certificate shall have experience or academic preparation appropriate to K-12 instruction and consistent with the school's mission. Such experience or academic preparation shall be consistent with the provisions of (c) of this subsection; and

(ii) The school employs at least one Washington state certified teacher, administrator, or superintendent who provides general supervision to any non-Washington state certificated teacher. The school will annually report to the state board of education the academic preparations and experience of each non-Washington state certificated teacher providing k-12 instruction in an addendum to the certificate of compliance as provided in WAC 180-90-160; and

(iii) The non-Washington state certificated teacher of the private school, employed pursuant to this section, has been verified by the private school, as meeting the age, good moral character, and personal fitness requirements of WAC 181-79A-150 (1) and (2), and has not had his or her teacher's certificate revoked by any state or foreign country consistent with WAC 181-79A-155 (5)(a).

(c) "Unusual competence": As applied to an exceptional case wherein the educational program as specified in RCW 28A.195.010 and WAC 180-90-160(7) will be significantly improved with the employment of a non-Washington state certificated teacher as defined in (a) of this subsection.

(d) "General supervision" means that a Washington state certificated teacher, administrator, or superintendent shall be generally available at the school site to observe and advise the teacher employed under provision of (c) of this subsection and shall evaluate pursuant to policies of the private school.

(7) "Business day" means a weekday, excluding weekends, state holidays, and state closures unless otherwise specified.

(8) "Filing" means the process by which a document is officially delivered to a state board of education staff member. Unless otherwise provided, filing shall be accomplished by:

(a) Hand delivery of the document to the specified state board of education staff member;

(b) By sending the document by email and first class mail to the specified state board of education email address and state board of education's office address on its website; or

(c) By submitting an initial or annual application and certification of compliance as required in WAC 180-90-130 or 180-90-160.

Documents required to be filed shall be deemed filed upon actual receipt during office hours at the office of the state board of education.

(9) "Executive director" means the executive director of the state board of education.

(10) "SBE private school officer" means the person designated by the executive director to administer the state board of education's private school program.

(11) "SBE representative" means the person designated by the executive director to administer the state board of education's private school program or another SBE staff person, and may be represented by an assistant attorney general.

(12) "Hearing officer" means the person designated by the executive director, in consultation with the SBE executive committee, to conduct a brief administrative proceeding or a summary suspension hearing on the loss of private school approval.

(13) "Service" is the process by which a document is officially delivered to a party. Unless otherwise provided, service upon a party shall be accomplished by:

(a) Hand delivery of the document to the party; or

(b) By sending the document by both email, and by either certified mail or first class mail to the party's last known address.

Service is deemed complete upon hand delivery of the document or upon the date the document is emailed and deposited in the mail.

(14) "Loss of approval" means either a suspension or rescission of a private school's approval by the state board of education. Suspension is for a set period of time or until specified conditions are met and rescission is permanent until a new application for approval is granted.

(15) "School" means and includes each building, facility, and location, including online program components, where any portions of a kindergarten and grades one through 12 program of education and related activities are conducted for two or more children by or in behalf of any private school or private institution subject to approval by the state board of education pursuant to RCW 28A.305.130, chapter 28A.195 RCW, and this chapter.

(16) "Residential private school," per RCW 26.44.210, means a nonpublic school or nonpublic school district subject to approval by the state board of education pursuant to RCW 28A.305.011 and chapter 28A.195 RCW that provides sleeping and living facilities or residential accommodations for enrolled students.

(17) "Summary suspension" means the immediate, temporary suspension of a private school's approval in an administrative procedure.

(18) "Threat to health or safety" means the physical facilities, personnel, or practices of the school do not meet reasonable health requirements or reasonable fire safety requirements; or failure to meet the requirements or legal obligations that private schools are subject to, including those enumerated in this chapter or in chapter 28A.195 RCW.

(19) "School or district administrator" means administrative or executive authority of private schools or private school districts. The terms "head of school," "principal," or "superintendent" may also be used in rule or application materials to refer to the administrative or executive authority of the private school or private school district.

(20) "Review committee" means a committee of three to five SBE members identified by the SBE chair who will conduct reviews of initial decisions of brief adjudicative proceedings pursuant to WAC 180-90-143.

History

Statutory Authority: RCW 28A.195.040. WSR 24-06-044, § 180-90-112, filed 2/29/24, effective 3/31/24. Statutory Authority: RCW 28A.195.040, 28A.195.010, and 28A.150.220. WSR 22-07-048, § 180-90-112, filed 3/14/22, effective 4/14/22. Statutory Authority: RCW 28A.195.010, 28A.195.030, and 28A.195.040. WSR 18-24-090, § 180-90-112, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.195.040. WSR 15-24-108, § 180-90-112, filed 12/1/15, effective 1/1/16. Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-90-112, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.195.040. WSR 03-04-053, § 180-90-112, filed 1/29/03, effective 3/1/03. Statutory Authority: RCW 28A.02.240. WSR 85-24-056 (Order 23-85), § 180-90-112, filed 12/2/85.

Wash. Admin. Code § 180-90-130 Approval—Annual certification—Adverse findings.

(1) All private organizations carrying out a program for any or all of the grades kindergarten through 12, with the exception of kindergarten only, are subject to annual approval by the state board of education pursuant to RCW 28A.305.130, chapter 28A.195 RCW, and this chapter.

(2) At least 90 days prior to the commencement of the annual school term or period, the school or district administrator shall file with the state board of education a certificate of compliance as set forth in WAC 180-90-160.

(3) The state board of education shall review each certificate. The review shall be completed within 30 days after receipt of a completed application. The state board of education may request additional information as it deems necessary.

(4) If the state board of education finds deviation, the private school shall be notified through written or electronic communication of any minor, major, or unacceptable deviations which must be corrected.

(5) If the state board of education finds major or unacceptable deviations, the private school shall submit a narrative report indicating agreement or not with the findings of the state board of education and any proposed remedial action to address the reported deviations. Minor deviations will be resolved with the state board of education prior to approval. In the case of major deviations, the private school may request that the state board of education grant provisional status for up to one year so the private school may take action to meet the requirements.

(6) In reviewing a private school's application for annual approval, the state board of education may consider pending or completed proceedings for loss of approval of a private school, including any conditions or sanctions agreed to or placed upon a private school and any information obtained by the state board of education regarding potential loss of approval of a private school.

History

Statutory Authority: RCW 28A.195.040, 28A.195.010, and 28A.150.220. WSR 22-07-048, § 180-90-130, filed 3/14/22, effective 4/14/22. Statutory Authority: RCW 28A.195.010, 28A.195.030, and 28A.195.040. WSR 18-24-090, § 180-90-130, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.195.040. WSR 15-24-108, § 180-90-130, filed 12/1/15, effective 1/1/16
WSR 03-04-053, § 180-90-130, filed 1/29/03, effective 3/1/03. Statutory Authority: RCW 28A.02.240. WSR 85-24-056 (Order 23-85), § 180-90-130, filed 12/2/85. Statutory Authority: RCW 28A.04.120(4). WSR 82-04-004 (Order 3-82), § 180-90-130, filed 1/21/82
Order 2-77, § 180-90-130, filed 3/24/77
Order 1-75, § 180-90-130, filed 2/4/75.

Wash. Admin. Code § 180-90-139 Approval action by SBE.

The state board of education shall take one of the following actions:

(1) If no deviations are found, the state board of education shall grant full approval.

(2) If minor deviations are found and the private school has resolved the deviations, the state board of education shall grant full approval.

(3) If major deviations are found and the private school in its narrative report provides satisfactory assurance of compliance by the commencement of the annual school term, the state board of education shall grant full approval.

(4) If major deviations are found and the private school in its narrative report, supplemented by direct testimony to the state board of education, demonstrates it is not practical to correct such major deviations prior to the commencement of the annual school term but establishes to the satisfaction of the state board of education its ability to correct such deviation as soon as is practical, the state board of education shall grant such private school provisional approval for the period of time the state board of education determines is necessary to correct the major deviation but no longer than one year.

(5) If unacceptable deviations are found or if the private school fails to comply with timely corrective conditions within subsection (2), (3), or (4) of this section for minor or major deviations, state board of education approval shall be denied or rescinded.

(6) If any unresolved concerns, deficiencies, or deviations are found and the private school is an entity authorized by the superintendent of public instruction to provide a program of special education and related services for students with disabilities under RCW 28A.300.690, the state board of education will notify the office of the superintendent of public instruction of the unresolved concerns, deficiencies, or deviations.

History

Statutory Authority: RCW 28A.195.040. WSR 24-06-044, § 180-90-139, filed 2/29/24, effective 3/31/24
WSR 15-24-108, § 180-90-139, filed 12/1/15, effective 1/1/16. Statutory Authority: RCW 28A.02.240. WSR 85-24-056 (Order 23-85), § 180-90-139, filed 12/2/85.

Wash. Admin. Code § 180-90-141 Loss of private school approval.

The state board of education may suspend or rescind approval of a private school for one or more of the following reasons:

(1) Failure to have students enrolled for any six consecutive calendar months in the school's physical facilities or failure to provide evidence of student enrollment upon request of the state board of education for the said period of time.

(2) Failure to provide verification that the approved private school maintains teaching staff with appropriate Washington state certification or otherwise meet the requirements of WAC 180-90-160 (1)(c).

(3) Failure to provide verification that the school maintains physical facilities that meet all reasonable health requirements and all reasonable fire safety requirements.

(4) Failure to meet any of the requirements or legal obligations that private schools are subject to, including those enumerated in this chapter or in chapter 28A.195 RCW.

History

Statutory Authority: RCW 28A.195.040. WSR 24-06-044, § 180-90-141, filed 2/29/24, effective 3/31/24. Statutory Authority: RCW 28A.195.040, 28A.195.010, and 28A.150.220. WSR 22-07-048, § 180-90-141, filed 3/14/22, effective 4/14/22. Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-90-141, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 28A.195.010, 28A.195.030, and 28A.195.040. WSR 18-24-090, § 180-90-141, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.195.040. WSR 15-24-108, § 180-90-141, filed 12/1/15, effective 1/1/16
WSR 03-04-053, § 180-90-141, filed 1/29/03, effective 3/1/03. Statutory Authority: RCW 28A.02.204 [ 28A.02.240]. WSR 87-09-039 (Order 7-87), § 180-90-141, filed 4/14/87.

Wash. Admin. Code § 180-90-142 Brief adjudicative proceedings—Initial hearing.

(1) A brief adjudicative proceeding is the process for rescission or suspension, other than summary suspension, of a private school's approval. Brief adjudicative proceedings shall be conducted by a hearing officer. The hearing officer may not participate in any case in which the hearing officer is involved as a complainant or witness, or in which the hearing officer has a direct or personal interest, prejudice, or bias.

(2) The parties to a brief adjudicative proceeding are the private school representative and the SBE representative. Before taking action, the hearing officer will conduct an informal hearing and provide each party an opportunity to explain its view of the matter.

(3) The hearing officer will serve an initial decision upon both the private school representative and the SBE representative within 10 business days of the completion of the informal hearing. The initial decision must include:

(a) A brief written statement of the reasons for the decision, including a description of the acts or failures to act giving rise to any sanctions and reference to the provisions of the Washington Administrative Code or the law violated;

(b) Any sanctions against the private school, including suspension or rescission of approval, and any time period or conditions which must be met for a suspension; and

If no request for review is filed within 21 days of service of the initial decision, the initial decision is deemed the final decision. The hearing officer must include in the decision that the private school must provide a copy of the final decision to the families of all its students and all of its staff members.

History

Statutory Authority: RCW 28A.195.040, 28A.195.010, and 28A.150.220. WSR 22-07-048, § 180-90-142, filed 3/14/22, effective 4/14/22.

Wash. Admin. Code § 180-90-143 Brief adjudicative proceedings—Review of an initial decision.

(1) An initial decision is subject to review by the review committee, provided a party makes an oral or a written request for review with the executive director within 21 days of service of the initial decision.

(2) Members of the review committee may not participate in any case in which the member is involved as a party or witness, or in which the member has a direct or personal interest, prejudice, or bias.

(3) During the review, the review committee must give each party an opportunity to file written responses explaining their view of the matter and shall make any inquiries necessary to ascertain whether the sanctions or conditions should be continued, modified, or removed.

(4) The decision on review must be in writing, and include a brief statement of the reason for the decision and the changes or modifications, if any, to the initial decision, and a notice that judicial review may be available pursuant to WAC 180-90-150. The decision on review must include in the decision that the private school must provide a copy of the final decision to the families of all its students and all of its staff members.

(5) The decision on review must be served on the parties within 20 days of the initial decision or the request for review whichever is later. The decision on review is the final decision.

History

Statutory Authority: RCW 28A.195.040, 28A.195.010, and 28A.150.220. WSR 22-07-048, § 180-90-143, filed 3/14/22, effective 4/14/22.

Wash. Admin. Code § 180-90-144 Emergency adjudicative proceeding—Summary suspension.

(1) An emergency adjudicative proceeding is the process to enter an emergency order for summary suspension of a private school's approval and other such action as is necessary to prevent or avoid the immediate danger to the public health, safety, or welfare while an investigation and/or administrative procedure is pending.

(2) The SBE executive director may issue an emergency order summarily suspending a private school's approval if there is reasonable basis to believe that a private school:

(a) Has violated any provision of WAC 180-90-141; and

(b) Presents an immediate danger to the health, safety, or welfare of the private school's students, staff, volunteers, or visitors that justifies use of emergency adjudication.

(3) The emergency order must include a brief statement of findings of fact, conclusions of law, and policy reasons for the decision if it is an exercise of the agency's discretion, to justify the determination of an immediate danger and the SBE private school officer's decision to take the specific action. The summary suspension can be a full or partial suspension of approval.

(4) Notice. The SBE executive director must provide notice to a private school that its approval as a private school has been summarily suspended under an emergency order. The private school must be served with oral or written notice of the summary suspension. If oral notice is given, a written notification must be served on the private school within two business days of the oral notice.

The written notification will include:

(a) The reasons for imposing the summary suspension, including a description of the acts or failures to act giving rise to the summary suspension and reference to the provisions of the Washington Administrative Code, state or federal law, or other applicable requirements, standards, or authority allegedly violated;

(b) The conditions, if any, under which the private school may continue to operate during the summary suspension; and

(5) The private school has the right to request a hearing on the summary suspension. The hearing request must be in writing and filed with the SBE executive director.

(6) A hearing officer will conduct a hearing on the summary suspension as soon as practicable after receipt of the private school's request for a hearing on the summary suspension. The hearing officer may not participate in any case in which the hearing officer is involved as a complainant or witness, or in which the hearing officer has a direct or personal interest, prejudice, or bias.

(a) During the summary suspension hearing, the issue before the hearing officer is whether there is probable cause to believe that summary suspension should be continued pending further administrative proceedings and/or whether the summary suspension should be less restrictive in scope.

(b) The hearing officer must provide the private school with an opportunity to explain why summary suspension should not be continued while administrative proceedings are pending or why the summary suspension should be less restrictive in scope.

(c) If the private school fails to appear at the designated hearing time, the hearing officer may order that the summary suspension remain in place pending the conclusion of the administrative proceedings.

(d) As soon as practicable following the hearing, the hearing officer will issue a written decision which must include a brief explanation for any decision continuing and/or modifying the summary suspension and notice of any right to appeal.

(e) The hearing officer shall provide a copy of the decision to the private school. The SBE private school officer must include in the decision that the private school must provide a copy of the decision to the families of all its students and all of its staff members.

History

Statutory Authority: RCW 28A.195.040, 28A.195.010, and 28A.150.220. WSR 22-07-048, § 180-90-144, filed 3/14/22, effective 4/14/22.

Wash. Admin. Code § 180-90-145 Approval—Initial application—Exception.

Any potential private school which is unable to file its application for approval at least ninety days prior to the commencement of the annual school term or period may request the state board of education review the application. This request shall be granted if the state board of education finds the private school was not sufficiently developed prior to the ninety-day time period to enable it to comply with that requirement. The state board of education shall have the discretion to grant the request in other exceptional circumstances. If the state board of education grants the request, the review shall be completed within thirty days and the findings and approval shall be considered at the next regularly scheduled state board of education meeting.

History

Statutory Authority: RCW 28A.195.010, 28A.195.030, and 28A.195.040. WSR 18-24-090, § 180-90-145, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.195.040. WSR 15-24-108, § 180-90-145, filed 12/1/15, effective 1/1/16. Statutory Authority: RCW 28A.02.240. WSR 85-24-056 (Order 23-85), § 180-90-145, filed 12/2/85
Order 2-77, § 180-90-145, filed 3/24/77.

Wash. Admin. Code § 180-90-150 Appeals.

Pursuant to RCW 28A.195.030 any private school may appeal the actions of the state board of education as provided in chapter 34.05 RCW and chapter 180-08 WAC.

History

Statutory Authority: RCW 28A.195.010, 28A.195.030, and 28A.195.040. WSR 18-24-090, § 180-90-150, filed 12/3/18, effective 1/3/19. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-90-150, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.02.240. WSR 85-24-056 (Order 23-85), § 180-90-150, filed 12/2/85
Order 2-77, § 180-90-150, filed 3/24/77
Order 1-75, § 180-90-150, filed 2/4/75.

Wash. Admin. Code § 180-90-160 Minimum standards and certificate form.

(1) The annual certificate of compliance required by WAC 180-90-130 shall be submitted to the state board of education and signed by the school or district administrator certifying compliance by the school or district. The certificate of compliance form and the submittal process will be determined by the state board of education. Information about annual private school approval and the submittal process will be posted on the state board of education website. The certificate of compliance affirms the school meets the requirements, standards, or legal obligations that private schools are subject to, including those enumerated in this chapter or in chapter 28A.195 RCW and the following standards with the exception only of such deviations or proposed deviations, if any, as are set forth in an attachment to the certificate of compliance:

(a) Except as provided in chapter 180-111 WAC, the minimum school year for instructional purposes consists of no less than 180 school days or the equivalent in annual minimum instructional hour offerings as prescribed in RCW 28A.195.010.

(b) On each school day, pupils enrolled and in attendance at the school are engaged in educational activity planned by and under the direction of the school; and that pupils are provided an annual total instructional hour offering, as prescribed in RCW 28A.195.010, of at least:

(i) Four hundred fifty hours for students in kindergarten.

(ii) One thousand hours for students in grades one through 12.

(i) Teachers for religious courses or courses for which no counterpart exists in the public schools: Provided, That a religious course is a course of study separate from the courses of study defined in RCW 28A.195.010 including occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of the appreciation of art and music all in sufficient units for meeting state board of education graduation requirements, except as provided in chapter 180-111 WAC; and/or

(ii) A person of unusual competence who is not certified but who will teach students in an exceptional case under the general supervision of a Washington state certificated teacher, administrator, or superintendent pursuant to WAC 180-90-112. The non-Washington state certificated teacher, the Washington state certificated person who will supervise, and the exceptional circumstances are listed on the addendum to this certificate.

(d) If the school operates an extension program for parents, guardians, or persons having legal custody of a child to teach children in their custody, the extension program meets the following requirements:

(i) The parent, guardian, or custodian is supervised by a person certified under chapter 28A.410 RCW and who is employed by the school;

(ii) The planning by the certified person and the parent, guardian, or person having legal custody includes objectives consistent with (a), (b), (e) through (g) of this subsection;

(iii) The certified person spends a minimum average each month of one contact hour per week with each student under his or her supervision who is enrolled in the extension program;

(iv) Each student's progress is evaluated by the certified person; and

(v) The certified person does not supervise more than 30 students enrolled in the approved private school's extension program.

(e) Measures have been taken to safeguard all permanent records against loss or damage through either the storage of such records in fire-resistant containers or facilities, or the retention of duplicates in a separate and distinct area;

(f) The physical facilities of the school are adequate to meet the program offered, and all school facilities and practices are in compliance with all reasonable health requirements and all reasonable fire safety requirements, as defined in WAC 180-90-112, and substantiated as required by current inspection reports of appropriate health and fire safety officials which are on file in the school or district administrator's office;

(g) The school's curriculum includes instruction in the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing, spelling, and the development of appreciation of art and music in sufficient units for meeting state board of education graduation requirements, as set forth in chapter 180-51 WAC. A school may substitute courses specific to the mission or focus of the school to satisfy the career and technical education requirement of chapter 180-51 WAC and may waive requirements as provided in chapter 180-111 WAC;

(h) The school or its organized district maintains up-to-date policy statements related to the administration and operation of the school or district;

(i) The school does not engage in a policy of racial segregation or discrimination;

(j) The governing authority of this private school or private school district has been apprised of the requirements of chapter 180-90 WAC relating to the minimum requirements for approval of private schools and such governing authority has further been apprised of all deviations or proposed deviations from the rules and regulations of the state board of education and the standards contained in chapter 180-90 WAC.

(2) Approval by the state board of education is contingent upon on-going compliance with the requirements, standards, and legal obligations that private schools are subject to, including those enumerated in this chapter or in chapter 28A.195 RCW and the standards herein. The school shall notify the state board of education of any deviation from these requirements, standards, or legal obligations that occurs after the approval action taken by the state board of education. Such notification shall be filed within 30 days of occurrence of the deviation.

(3) Failure to comply with the requirements of this chapter may result in the rescission or suspension of the approval of the private school and shall be considered in subsequent application for approval as a private school.

(4) The board may provide a shortened approval form or expedited approval process for private schools accredited by a state board of education-approved accrediting body.

History

Statutory Authority: RCW 28A.195.040, 28A.195.010, and 28A.150.220. WSR 22-07-048, § 180-90-160, filed 3/14/22, effective 4/14/22. Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-90-160, filed 12/10/20, effective 1/10/21. Statutory Authority: RCW 28A.195.010, 28A.195.030, and 28A.195.040. WSR 18-24-090, § 180-90-160, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.195.040. WSR 15-24-108, § 180-90-160, filed 12/1/15, effective 1/1/16. Statutory Authority: 2014 c 217 and RCW 28A.230.090. WSR 14-19-032, § 180-90-160, filed 9/8/14, effective 10/9/14. Statutory Authority: RCW 28A.195.040. WSR 03-04-053, § 180-90-160, filed 1/29/03, effective 3/1/03. Statutory Authority: RCW 28A.305.130(6), 28A.195.040 and 1996 c 83. WSR 96-15-099, § 180-90-160, filed 7/22/96, effective 8/22/96. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-90-160, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.02.240. WSR 89-01-038 (Order 23-88), § 180-90-160, filed 12/14/88
WSR 87-09-039 (Order 7-87), § 180-90-160, filed 4/14/87. Statutory Authority: RCW 28A.02.240. WSR 85-24-056 (Order 23-85), § 180-90-160, filed 12/2/85. Statutory Authority: RCW 28A.04.120(4). WSR 82-04-004 (Order 3-82), § 180-90-160, filed 1/21/82. Statutory Authority: RCW 28A.02.201 et seq. and 28A.04.120(4). WSR 78-06-064 (Order 9-78), § 180-90-160, filed 5/25/78
Order 2-77, § 180-90-160, filed 3/24/77
Order 1-76, § 180-90-160, filed 2/3/76
Order 1-75, § 180-90-160, filed 2/4/75.

Wash. Admin. Code § 180-90-170 Complaints against private schools.

(1) Complaints about an approved private school may be made in writing to the state board of education and may be made through an online form available on the state board of education's website.

(2) If a complaint against a private school is received, the state board of education will:

(a) Notify the complainant that the communication was received;

(b) Notify the school of the complaint, provide a copy of the complaint if requested, and provide an opportunity for the school to respond. All correspondence will conform to state and federal student privacy laws; and

(c) Review the complaint and the school's response and may take appropriate action it deems necessary. Any action taken by the state board of education will be limited to authority pursuant to chapter 28A.195 RCW and the rules promulgated thereunder.

(3) The record of the complaint, the response and any action taken will be retained according to the record retention schedule established by the office of the secretary of state for the state board of education.

(4) The state board of education will follow the process described in subsections (2) and (3) of this section if complaints are relayed to the state board of education by other state agencies regarding a private school, including the office of the superintendent of public instruction regarding private schools authorized to provide special education and related services for students with disabilities under RCW 28A.300.690, and by the department of children, youth, and families concerning residential private schools under RCW 26.44.210.

History

Statutory Authority: RCW 28A.195.040. WSR 24-06-044, § 180-90-170, filed 2/29/24, effective 3/31/24. Statutory Authority: RCW 28A.195.010, 28A.195.030, and 28A.195.040. WSR 18-24-090, § 180-90-170, filed 12/3/18, effective 1/3/19. Statutory Authority: RCW 28A.195.040. WSR 15-24-108, § 180-90-170, filed 12/1/15, effective 1/1/16.

Chapter 180-96 General educational development (GED) test.

Wash. Admin. Code § 180-96-005 Authority.

The authority for this chapter is RCW 28A.305.190 which authorizes the state board of education to adopt regulations governing the eligibility of a person sixteen years of age and under nineteen years of age to take the general educational development test if the child provides a substantial and warranted reason for leaving the regular high school education program, or if the child was home-schooled.

History

Statutory Authority: None supplied by agency. WSR 94-03-101 (Order 2-94), § 180-96-005, filed 1/19/94, effective 2/19/94. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-96-005, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.135. WSR 89-01-036 (Order 21-88), § 180-96-005, filed 12/14/88.

Wash. Admin. Code § 180-96-010 Purpose.

Persons who are sixteen years of age and under nineteen years of age must have a substantial and warranted reason for leaving the regular high school program, or have completed a program of home-based instruction, as a condition to taking the general educational development test and receiving a certificate of educational competence. The purpose of these state board of education rules is to establish the process and criterion for determining whether a person within that age range has such a substantial and warranted reason or has completed a program of home-based instruction. Once such a person establishes that he or she has met either one of the two conditions, he or she is eligible to pursue taking the general educational development test in accordance with rules of the state board for community and technical colleges which are codified at chapter 131-48 WAC.

History

Statutory Authority: None supplied by agency. WSR 94-03-101 (Order 2-94), § 180-96-010, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.135. WSR 89-01-036 (Order 21-88), § 180-96-010, filed 12/14/88.

Wash. Admin. Code § 180-96-020 General educational development test—Definition.

As used in this chapter, the term "general educational development test" means the most recent general educational development test of the American Council on Education.

History

Statutory Authority: RCW 28A.04.135. WSR 89-01-036 (Order 21-88), § 180-96-020, filed 12/14/88.

Wash. Admin. Code § 180-96-035 Designated employee—Definition.

As used in this chapter "designated employee" means that individual or individuals empowered by the board of directors of a school district to determine whether a person who is sixteen years of age and under nineteen years of age has a substantial and warranted reason for leaving the regular high school program.

History

Statutory Authority: None supplied by agency. WSR 94-03-101 (Order 2-94), § 180-96-035, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.135. WSR 89-01-036 (Order 21-88), § 180-96-035, filed 12/14/88.

Wash. Admin. Code § 180-96-040 Regular high school education program—Definition.

As used in this chapter the term "regular high school education program" means a secondary education program operated pursuant to chapters 392-410 and 180-51 WAC leading to the issuance of a high school diploma.

History

Statutory Authority: Chapter 28A.305 RCW, RCW 28A.150.220, 28A.230.090, 28A.310.020, 28A.210.160, and 28A.195.040. WSR 10-23-104, § 180-96-040, filed 11/16/10, effective 12/17/10. Statutory Authority: RCW 28A.04.135. WSR 89-01-036 (Order 21-88), § 180-96-040, filed 12/14/88.

Wash. Admin. Code § 180-96-045 Substantial and warranted reason for leaving the regular high school education program—Definition.

As used in this chapter, the term "substantial and warranted reason for leaving the regular high school education program" means one or more of the following:

(1) Personal problems which seriously impair the student's ability to make reasonable progress toward high school graduation.

(2) A financial crisis which directly affects the student and necessitates the student's employment during school hours.

(3) The lack of curriculum and instruction which constitutes appropriate learning experiences for the student.

(4) The inability or failure of the school of attendance to adjust its program for the individual or otherwise make arrangements for enrollment in an educational program in a manner which enables the student to advance toward graduation with reasonable progress and success.

(5) A determination by the designated employee that it is in the "best interest" of the student to drop the regular high school program for one of the following purposes:

(a) Enter a postsecondary institution.

(b) Enter the military.

(6) Provided, That no person under eighteen years of age (i.e., minor), shall be adjudged to have a substantial and warranted reason for leaving the regular high school education program unless the minor's parents, guardian, or legal custodian, if available, agrees that dropping school is in the best interest of the minor.

History

Statutory Authority: None supplied by agency. WSR 94-03-101 (Order 2-94), § 180-96-045, filed 1/19/94, effective 2/19/94. Statutory Authority: RCW 28A.04.135. WSR 89-01-036 (Order 21-88), § 180-96-045, filed 12/14/88.

Wash. Admin. Code § 180-96-048 Applications for a determination of substantial and warranted reason for leaving the regular high school program.

Application for a determination that the applicant has a substantial and warranted reason for leaving the regular high school education program shall be made to a designated employee of either the last Washington school district the applicant attended or the Washington school district in which the applicant currently resides. A designated employee of the school district shall evaluate the facts presented by the applicant and determine whether the applicant has a substantial and warranted reason for leaving the regular high school education program as defined at WAC 180-96-045. The determination of the designated employee shall be in writing and signed by the employee.

History

Statutory Authority: None supplied by agency. WSR 94-03-101 (Order 2-94), § 180-96-048, filed 1/19/94, effective 2/19/94.

Wash. Admin. Code § 180-96-050 Right to appeal.

The following shall govern the finality of decisions of the designated employee:

(1) If the decision of the designated employee is that the applicant has a substantial and warranted reason for leaving the regular high school education program, the decision of such designated employee shall be final.

(2) If the decision of the designated employee is to deny the existence of a substantial and warranted reason for leaving the regular high school education program, the applicant shall have the right to appeal the decision to the board of directors of the school district in accordance with procedures adopted by the board of directors. The board of directors shall issue a decision within thirty calendar days of receipt of any appeal.

(3) If a decision has been made by the board of directors of the district, such decision shall be final subject to an appeal to a court of law pursuant to RCW 28A.645.010.

History

Statutory Authority: None supplied by agency. WSR 94-03-101 (Order 2-94), § 180-96-050, filed 1/19/94, effective 2/19/94. Statutory Authority: 1990 c 33. WSR 90-17-009, § 180-96-050, filed 8/6/90, effective 9/6/90. Statutory Authority: RCW 28A.04.135. WSR 89-01-036 (Order 21-88), § 180-96-050, filed 12/14/88.

Wash. Admin. Code § 180-96-053 Certification of completion of a program of home-based instruction.

The parent(s) or legal guardian(s) who provided home-based instruction to a person who is sixteen years of age and under nineteen years of age is responsible for determining and certifying in writing that the person has completed a program of home-based instruction. The written certification shall be signed by the parent(s) or legal guardian(s) and the signature(s) shall be notarized by a notary public.

History

Statutory Authority: None supplied by agency. WSR 94-03-101 (Order 2-94), § 180-96-053, filed 1/19/94, effective 2/19/94.

Wash. Admin. Code § 180-96-058 Presentation of determinations of substantial and warranted reason and home schooling to official testing centers.

Written determinations made in accordance with this chapter that a person has a substantial and warranted reason for leaving the regular high school education program, or has completed a program of home-based instruction, shall be presented by the person to an official general educational development testing center as partial evidence of the person's eligibility to take the general educational development test.

History

Statutory Authority: None supplied by agency. WSR 94-03-101 (Order 2-94), § 180-96-058, filed 1/19/94, effective 2/19/94.

Chapter 180-105 Performance improvement goals.

Wash. Admin. Code § 180-105-020 Performance improvement goals.

(1) As part of the district and school improvement plan required in WAC 180-16-220 each school district board of directors shall by September 1, 2019, and annually thereafter:

(a) Adopt district-wide performance improvement goals for the measures included in the Washington school improvement framework.

(b) Direct each school in the district that enrolls students in grades three through eight and/or high school to establish goals to increase the measures included in the Washington school improvement framework consistent with state and district goals.

(2) School districts and schools shall establish separate district-wide and school English language arts and mathematics improvement goals using the federal requirements to determine the increase in requirements under subsection (1) of this section for the all students group and each of the groups of students required under the federal requirements.

(3) School districts and schools are not required to publish numerical improvement goals in a grade level or student group referenced in subsection (2) of this section for any year in which there were fewer than the minimum number of reportable students identified in the Washington accountability plan approved by the U.S. Department of Education. 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.

History

Statutory Authority: RCW 28A.305.130. WSR 18-22-024, § 180-105-020, filed 10/26/18, effective 11/26/18
WSR 07-07-052, § 180-105-020, filed 3/14/07, effective 4/14/07. WSR 05-15-036, recodified as § 180-105-020, filed 7/11/05, effective 7/11/05. Statutory Authority: RCW 28A.655.030 (1)(a). WSR 03-09-144, § 3-20-200, filed 4/23/03, effective 5/24/03.

Wash. Admin. Code § 180-105-040 Definitions.

(1) "High school" means a public school in the state enrolling students in any of grades nine through twelve.

(2) "Graduation rate" means the four-year adjusted cohort graduation rate expressed as the percentage of students who receive a regular high school diploma within four academic years of having enrolled for the first time as ninth grade students. Students who transfer to another school less than four academic years after initial enrollment in the ninth grade shall not be included in the calculation of the graduation rate for the school from which the student transfers. Students who become deceased shall not be included in the calculation of the graduation rate for the school last attended. Students who earn a regular high school diploma after their four academic years will be included in additional calculations and reports for the year a regular high school diploma is completed.

(3) "Performance improvement goals" means the long-term goals described in the Washington accountability plan approved by the U.S. Department of Education for the academic achievement indicator, high school graduation indicator, and English learner progress indicator.

(4) "School and school district improvement plans" means the data-driven plan for the district and each school described and required under WAC 180-16-220 that promotes a positive impact on student learning and includes a continuous improvement process.

(5) "Federal requirements" means the accountability and other requirements specified by the U.S. Department of Education in the Elementary and Secondary Education Act of 1965, as amended.

(6) "Washington school improvement framework" or "WSIF" means the system of school differentiation described in the Washington accountability plan approved by the U.S. Department of Education as meeting federal requirements. The framework methodology establishes a summative score for the all students group and the reportable student groups specified in WAC 180-105-020(2) from up to five indicators broadly categorized as academic achievement, student academic growth, English learner progress, high school graduation, and school quality or student success.

(7) "Washington school improvement framework indicators" includes the following indicators:

(a) "Academic achievement indicator" means the measure of the percentage of students who are proficient on the required state assessments in reading/English language arts and mathematics included as part of the system of differentiation described in the Washington accountability plan approved by the U.S. Department of Education.

(b) "Student growth indicator" means a measure of academic growth or academic improvement derived from the required state assessments included as part of the system of differentiation described in the Washington accountability plan approved by the U.S. Department of Education.

(c) "High school graduation indicator" means the graduation rate and adjustments if any included as part of the system of differentiation described in the Washington accountability plan approved by the U.S. Department of Education. This indicator only applies to high schools as defined in subsection (3) of this section.

(d) "English learner progress indicator" means a measure of the progress in achieving English language proficiency for English learners included as part of the system of differentiation as described in the Washington accountability plan approved by the U.S. Department of Education.

(e) "School quality or student success indicator" means the measure or combination of measures of student engagement and school climate included as part of the system of differentiation described in the Washington accountability plan approved by the U.S. Department of Education.

(i) "Regular school attendance" is a measure of school quality or student success in the Washington school improvement framework. The measure is the percentage of students at a school who had fewer than eighteen full-day absences (ten percent) during the school year.

(ii) "9th graders on track" is a measure of school quality or student success in the Washington school improvement framework. The measure is the percentage of first-time ninth graders at a school who pass all the credits attempted. This indicator only applies to high schools as defined in subsection (3) of this section.

(iii) "Advanced course-taking" is a measure of school quality or student success in the Washington school improvement framework. The measure is the percentage of all enrolled students (grades nine through twelve) who complete a dual credit course. This indicator only applies to high schools as defined in subsection (3) of this section.

History

Statutory Authority: RCW 28A.305.130. WSR 18-22-024, § 180-105-040, filed 10/26/18, effective 11/26/18. WSR 05-15-036, recodified as § 180-105-040, filed 7/11/05, effective 7/11/05. Statutory Authority: RCW 28A.655.030 (1)(a). WSR 05-11-046, § 3-20-390, filed 5/12/05, effective 6/13/05.

Wash. Admin. Code § 180-105-060 Establishing goals.

(1) Annual performance improvement goals for both school districts and schools established pursuant to WAC 180-105-020 shall be determined:

(a) Using the most recently available school improvement framework results as the starting point and annual increments to reach the goals outlined in (b) of this subsection.

(b) The performance improvement goals for assessments administered in the spring of 2027 shall be consistent with the goals outlined in the state consolidated plan. At a minimum schools and districts must include the following goals:

(i) Ninety percent of students eligible to be assessed meet standard on the required state assessments.

(ii) Graduation rate for all students, and each group of students referenced in WAC 180-105-020(2) shall be not less than ninety percent.

(iii) In the districts that administer the Washington English language proficiency assessment described in the Washington accountability plan approved by the U.S. Department of Education to adopt performance improvement goals using the federal requirements to determine the increase in the percentage of students making progress toward English language proficiency included in the Washington school improvement framework.

(c) Districts and schools shall establish goals for each of the Washington school improvement framework indicators as defined in WAC 180-105-040(7) for all students and each group of students referenced in WAC 180-105-020(2).

(2) School district boards of directors are authorized to adopt district-wide and school goals that exceed the minimum level required under this section. However, district-wide and school goals that exceed the minimum level required under this section shall not be used for federal or state accountability purposes.

History

Statutory Authority: RCW 28A.305.130. WSR 18-22-024, § 180-105-060, filed 10/26/18, effective 11/26/18
WSR 07-07-052, § 180-105-060, filed 3/14/07, effective 4/14/07. WSR 05-15-036, recodified as § 180-105-060, filed 7/11/05, effective 7/11/05. Statutory Authority: RCW 28A.655.030 (1)(a). WSR 05-11-046, § 3-20-400, filed 5/12/05, effective 6/13/05.

Chapter 180-111 Emergency waiver of certain requirements.

Wash. Admin. Code § 180-111-010 Authority and purpose.

The purpose of this chapter is to establish an emergency waiver program to allow school districts as defined in WAC 180-111-020, and private schools, to waive certain graduation requirements on an individual student basis and emergency waiver of certain requirements for private schools in WAC 180-111-060. The intent is to help prevent students from being unduly impacted by unforeseen disruptions to coursework and assessments resulting from an "emergency or disaster" as defined in RCW 38.52.010. "Emergency" may also include a national declaration of emergency by an authorized federal official.

History

Statutory Authority: RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-16-059, § 180-111-010, filed 7/28/21, effective 8/28/21. Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-111-010, filed 12/10/20, effective 1/10/21.

Wash. Admin. Code § 180-111-020 Definitions.

The definitions in this section apply throughout this chapter.

(1) "Demonstrated postsecondary preparation" means the student has demonstrated skills and knowledge indicating preparation for the next steps identified in their high school and beyond plan under RCW 28A.230.090 and for success in postsecondary education, gainful employment, and civic engagement.

(a) The school district shall review the individual student's completed and planned coursework and other information applicable to the individual student and determine if the student has demonstrated postsecondary preparation.

(b) This individual student review may include, but is not limited to, whether the following considerations apply to that student:

(i) The student has completed a graduation pathway option in accordance with RCW 28A.655.250 and WAC 180-51-230.

(ii) The student has completed activities consistent with the criteria for "career prep" or has participated in an approved "career launch" program through career connect Washington.

(iii) The student has completed a preparatory career and technical education course or a course that meets the preparatory standards as defined in RCW 28A.700.030.

(iv) The student has developed and practiced leadership and employability skills through a job, volunteer position, or a career and technical student organization that would enable them to advance in their chosen career field and has obtained external validation from an employer, tribal elder, CTE business or industry advisory committee member, or other community member that can attest to the student's preparation for their next steps.

(v) The student is a participant in a recognized apprenticeship preparation program or registered apprenticeship program or has signed an apprenticeship agreement with an employer.

(vi) The student has earned college credit in a core subject area.

(vii) The student has earned an industry recognized credential.

(viii) The student has completed minimum college admission standards for four-year institutions of higher education, in accordance with RCW 28B.77.020 (7)(a).

(ix) The student placed into a college-level math or English course at an institution of higher education.

(x) The student completed a summer bridge program or a senior transition course (bridge to college).

(xi) The student has completed an admission to a higher education institution or career preparation program.

(xii) The student received an award of a scholarship for higher education.

(2) "Eligible student" means:

(a) The student was reasonably expected to graduate as defined in subsection (5) of this section;

(b) The student has demonstrated postsecondary preparation as defined in subsection (1) of this section; and

(c) The student experienced a significant disruption to their ability to complete graduation requirements due to the emergency, which could include, but is not limited to: Inability for the student to access the school building or other education facility due to closure or, if online learning is a part of the school program, the student did not have a reliable internet connection or sufficient technology within their household, had to support their family by working during the emergency, had to care for family members during the emergency, illness of the student or student's household member, or other circumstances due to the emergency that directly compromised the student's ability to complete the credit requirements or a graduation pathway option.

(3) "Emergency" means the same as the definition for "emergency or disaster" in RCW 38.52.010. "Emergency" may also include a national declaration of emergency by an authorized federal official.

(4) "Good faith effort" means the school district considered and implemented options, determined appropriate by the school district, to support each individual student in meeting credit and pathway requirements.

(a) For each student who is being considered for the emergency waiver, school districts shall provide individual student advising to help each student determine: What supports they need to be successful; how they might meet the graduation requirements, including the feasibility of summer or a partial or full additional year of high school enrollment; and whether the emergency waiver is appropriate for the individual student.

(b) Options for supporting students to meet credit and course-based graduation pathway requirements include, but are not limited to:

(i) Provision of additional academic supports to aid student completion.

(ii) Awarding credits based on the student's demonstrated proficiency/mastery of the state's learning standards under WAC 180-51-050, 180-51-051, and 392-410-300, including credits, grades, and courses transcribed on the high school transcript.

(iii) Awarding credit through expanded learning opportunities, dual credit programs, work-based learning (WAC 392-410-315), traditional online, summer learning, CTE course equivalencies, and other local credit options for awarding credit outside of school.

(c) Options for supporting students to meet the exam-based graduation pathway requirement include, but are not limited to: Efforts to ensure students are aware of, and can access, online or by other alternative access options, the SAT, ACT, ASVAB, AP, IB, Cambridge International, and state assessments (if applicable). School districts are encouraged to reduce or eliminate any cost to students in using these options.

(5) "Reasonably expected to graduate" means the individual student's earned credits and current or planned enrollment would have been sufficient, as determined by the school district, for the student to meet the applicable state minimum graduation requirements for the student's graduation year cohort (as defined in WAC 180-51-056, 180-51-067, 180-51-068, and 180-51-210) by August 31st of the school year when the emergency waiver is granted if not for the impact of the emergency.

(6) "School district" means any school district, charter school established under chapter 28A.710 RCW, tribal compact school operated according to the terms of state-tribal education compacts authorized under chapter 28A.715 RCW, state schools established under chapter 72.40 RCW, and community and technical colleges granting high school diplomas.

History

Statutory Authority: RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-16-059, § 180-111-020, filed 7/28/21, effective 8/28/21. Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-111-020, filed 12/10/20, effective 1/10/21.

Wash. Admin. Code § 180-111-030 Application and approval process for public school districts.

(1) The state board of education will make an application available to school districts seeking the emergency waiver of certain graduation requirements. A school district may apply to the state board of education for the authority to waive pathway and credit-based graduation requirements for individual students. The state board of education will accept applications through a deadline to be determined by the state board of education.

(2) To be granted the emergency waiver authority, the school district must certify it will administer the emergency waiver in accordance with program rules as stated in this chapter.

(3) The application must be certified by the school district superintendent or equivalent personnel with authority to sign on behalf of the school district.

(4) The SBE will develop an application and process for granting school districts emergency waiver authority in a subsequent emergency that will include:

(a) For local emergencies: The school districts will apply to the state board of education and will state the nature and duration of the emergency and how it impacts students' ability to meet requirements. The district may request specific credit and graduation pathway option flexibility based on the nature of the emergency. If the state board of education approves the district application, the board will grant the school district authority through a formal action in a public board meeting.

(b) For state or national emergencies: The state board of education will adopt rules that address the specific circumstances surrounding each new emergency, any applicable eligibility criteria, and limitations on the number and type of credits that can be waived.

(5) The state board of education may approve applications that meet the criteria stated in subsections (2) and (3) of this section. The board may delegate this authority to its executive director for efficiency per RCW 28A.305.130(7).

(6) The state board of education will promptly post on its public website a list of all approved applications.

History

Statutory Authority: RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-16-059, § 180-111-030, filed 7/28/21, effective 8/28/21. Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-111-030, filed 12/10/20, effective 1/10/21.

Wash. Admin. Code § 180-111-040 School district implementation of the emergency waiver of certain graduation requirements.

(1) Before granting any emergency waivers, the school district board or equivalent governing body shall adopt by resolution a plan that describes the school district's process for granting and declining emergency waivers for students. The plan must include:

(a) A process for school district staff to initiate an emergency waiver and a process for students to request an emergency waiver if not initiated by the district;

(b) A school district process if an initial decision is made to decline an emergency waiver for an individual student, for further review and recommendations by a panel with at least one school counselor and educators with expertise in trauma-informed instruction and culturally responsive education, and if appropriate, special education, instruction for multilingual/English language learners, and a migrant graduation specialist or migrant student advocate;

(d) Culturally responsive ways, based on the school district's local community, to communicate with students and families about the emergency waiver and the process to request, appeal, or decline the emergency waiver.

(2) Beginning from the date of approval of its emergency waiver application, in accordance with WAC 180-111-030, a school district may waive certain graduation requirements on an individual student basis to eligible students in accordance with this section and subject to any specific limitations for particular graduation cohorts of students or specific emergency declarations specified in this chapter or in the board's approval of a school district emergency waiver application. The emergency waiver may be granted after completing all of the following requirements:

(a) Before use of this emergency waiver for graduation credit requirements, school districts shall consider using their existing authority to waive credits through the following ways:

(i) Local graduation requirements under WAC 180-51-020 may be waived at local discretion without approval of the state board of education.

(ii) Two-credit waiver of flexible credits may be granted for individual student circumstances, in accordance with WAC 180-51-068(13) and 180-51-210(2).

(iii) Students may be excused from physical education in accordance with the applicable requirements in WAC 180-51-067(6), 180-51-068(6), and 180-51-210 (4)(f).

(iv) The noncredit requirement of Washington state history may be waived in accordance with WAC 180-51-067 (4)(b), 180-51-068 (4)(b)(i) and (ii), and 180-51-210 (4)(d)(iv)(A) and (B).

(b) The school district shall review the individual student's completed and planned coursework and determine that the student was reasonably expected to graduate as defined in WAC 180-111-020 and that the student has demonstrated postsecondary preparation as defined in WAC 180-111-020.

(c) The school district shall demonstrate a good faith effort, as defined in WAC 180-111-020, to help the individual student complete coursework, address credit deficiencies, and meet core course and graduation pathway option requirements through other options that align with their high school and beyond plan. The school district shall document the steps taken to demonstrate this good faith effort in the individual student record.

(d) The school district shall consult with the individual student, and make a reasonable effort to consult with a parent or guardian of the student, and shall make a reasonable effort to provide information about this emergency waiver in the preferred languages of the student, and of the parent or guardian of the student if applicable. The information must include, but is not limited to:

(i) In the consideration of whether emergency waiver(s) are appropriate for an individual student, and if so what emergency waiver(s), the school district shall advise the student to waive only those credit(s) that are least applicable to the student's postsecondary plans as articulated in the student's high school and beyond plan;

(ii) The potential benefits and limitations that could result from receiving the emergency waiver including impacts on postsecondary plans and, if applicable to their high school and beyond plan, the recommendation to contact the student's intended postsecondary institutions or apprenticeship provider regarding potential impacts; and

(iii) The option for the individual student to decline the emergency waiver and for the student to be provided with the opportunity to earn the credits needed or meet their intended pathway option to complete graduation requirements which may include continued enrollment beyond the planned graduation date.

(3) The school district shall ensure equity in administering the emergency waiver. The school district shall disaggregate emergency waiver data by student groups as referenced in RCW 28A.300.042(3) and shall conduct further disaggregation of student groups if data are available to do so. If disproportionality is found, the school district shall take appropriate actions to ensure equitable administration. This consideration must further be designed to identify and mitigate potential disparate impacts of the emergency waiver and to determine if any changes to the school district's approach in administering the emergency waiver, including supports under WAC 180-111-020(4) to help students meet the requirements, are needed before the conclusion of the school year.

(4) The school district shall:

(a) Maintain a record of the following in the individual student record: Actions taken under the good faith effort to help the student meet the graduation requirements, courses (including the term and amount of credit) and requirements waived, and how the student demonstrated postsecondary preparation;

(b) Include a notation of waived credits and graduation pathway on the student's high school transcript in accordance with RCW 28A.230.125;

(d) Report on administration of the emergency waiver to the state board of education in a manner determined by the state board of education; and

(e) Report student level emergency waiver data to the office of the superintendent of public instruction in a manner determined by the superintendent of public instruction in consultation with the state board of education.

History

Statutory Authority: RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-16-059, § 180-111-040, filed 7/28/21, effective 8/28/21. Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-111-040, filed 12/10/20, effective 1/10/21.

Wash. Admin. Code § 180-111-050 Emergency waiver of certain graduation requirements in response to novel coronavirus.

This section is for the novel coronavirus emergency, in response to the gubernatorial declaration of emergency on February 29, 2020. It applies to the classes of 2020 through 2024 beginning in the 2020-21 school year. Beginning from the date of approval of a school district's emergency waiver application, in accordance with WAC 180-111-040:

(1) Waived credit graduation requirements are limited to the student's classes impacted by the novel coronavirus disruption. The school district shall prioritize student completion of core coursework and coursework related to the student's high school and beyond plan under RCW 28A.230.090. School districts may waive credits for eligible students in the classes of 2020 to 2024. In addition to existing waiver authorities as described in WAC 180-111-040 (2)(a):

(a) For the classes of 2020 to 2023, school districts may waive up to two additional credits under this emergency waiver, provided that students graduate with no fewer than a total of 20 credits.

(b) For the class of 2024, school districts may waive up to one additional credit under this emergency waiver, provided that students graduate with no fewer than a total of 21 credits.

(2) For the class of 2020, 2021, 2022, and 2023: The emergency waiver may be applied to core credits or flexible credits, provided that no more than one credit in each core subject area is waived. The terms "core" and "flexible credits" used in this section are defined in WAC 180-51-210.

(3) For the class of 2024: The emergency waiver may be applied to core or flexible credits.

(4) A student's graduation pathway requirement, as outlined in WAC 180-51-230, may be waived for eligible students in the classes of 2020 to 2024 after a school district has made a good faith effort to help the student meet their pathway requirement, as defined in WAC 180-111-020. For students graduating in 2024, the district may waive the graduation pathway requirement with the following limitations:

(a) If a student receives an emergency waiver of up to one mathematics credit, the student must meet a mathematics pathway option; and

(b) If a student receives an emergency waiver of up to one English credit, the student must meet an English pathway option.

(5) The graduation pathway requirement may also be waived for a student so that the student may earn a diploma before their planned graduation year, provided that:

(a) The student may not be granted an emergency waiver of credit requirements; and

(b) The student must meet all other state graduation requirements including credit requirements under WAC 180-51-210.

(6) This emergency waiver may apply to individual students participating in the international baccalaureate diploma programme as defined in RCW 28A.230.122 to enable these students to earn a Washington high school diploma.

(7) Schools operating under the waiver defined in WAC 180-18-055 may waive graduation requirements in a manner consistent with this section.

History

Statutory Authority: RCW 28A.230.090 and 28A.150.220(7). WSR 24-09-057, § 180-111-050, filed 4/15/24, effective 5/16/24. Statutory Authority: RCW 28A.230.320, 28A.230.090, 28A.150.220(7), and 28A.195.040. WSR 22-12-025, § 180-111-050, filed 5/23/22, effective 6/23/22. Statutory Authority: RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-16-059, § 180-111-050, filed 7/28/21, effective 8/28/21. Statutory Authority: 2020 c 7 § 10-12 and RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-01-077, § 180-111-050, filed 12/10/20, effective 1/10/21.

Wash. Admin. Code § 180-111-060 Emergency waiver of certain requirements in response to novel coronavirus for private schools.

(1) This section applies to private schools approved to operate in Washington under chapter 180-90 WAC.

(2) In response to emergencies as defined in WAC 180-111-020 that impact a private school or the public school district in which a private school is located, private schools may waive credit-based graduation requirements for individual students who have demonstrated postsecondary preparation as defined in WAC 180-111-020, in a manner consistent with the provisions of WAC 180-111-040 and rules adopted to address specific emergencies. Private schools are exempt from the reporting requirements listed in WAC 180-111-040 (4)(d) and (e).

(3) Private schools that have implemented an online education program consistent with the provisions of RCW 28A.195.090 will be considered to have met the instructional hour requirements. Private schools have discretion to determine whether the curriculum has been adequately satisfied.

(4) Each private school shall notify the state board of education in a format provided by the board whether the private school is waiving requirements under this section.

(5) For the 2020 to 2022 school years, the state board of education will maintain a private school's status as an approved private school if:

(a) Due to a significant disruption caused by the novel coronavirus, the school is unable to fulfill the requirements of RCW 28A.195.010 of a full school year of one hundred eighty days or are unable to fulfill the annual average total instructional hours requirements.

(b) For the 2021-22 school year, approved private schools may operate an online education program consistent with the provisions of RCW 28A.195.090 for all of their students and will not be subject to rescission of approval based on a failure to have students enrolled in the school's physical facilities provided that:

(i) Prior to the use of this waiver of the requirement that students are enrolled in and attending the school's physical facility, the school will notify the state board of education; the process and form of the notification will be established by the state board of education; and

(ii) The school maintains a physical address for the education of students in Washington and plans to resume classroom instruction when it is safe to do so based on lifting state and local emergency declarations restricting the delivery of educational services or based on a determination of the school's governing body.

History

Statutory Authority: RCW 28A.195.010, 28A.230.090, 28A.150.220(7). WSR 21-16-059, § 180-111-060, filed 7/28/21, effective 8/28/21.