Washington Administrative Code

This chapter shall not affect the alternative enrollment, and arrangements, therefor, of a secondary student in an institution of higher education pursuant to a contractual agreement entered into pursuant to RCW 28B.50.530 (interschool district/college district cooperative progra…

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

The purpose of this chapter is to establish policies and procedures for administration of programs for the education of K-12 students who are highly capable.[Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-010, filed 3/12/13, effective 4/12/13. Statutory Author…

For highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. Highly capable students are basic education students first. School districts may use basic education funds, which support all students, to provide appropriate high…

For highly capable students, access to accelerated learning and enhanced instruction is access to a basic education. The highly capable program should provide a variety and array of services that match the needs of identified students. The purpose of highly capable identification…

Each district shall submit an annual plan for the district's highly capable program on forms provided by the superintendent of public instruction for approval.[Statutory Authority: Chapter 28A.185 RCW. WSR 13-07-020, § 392-170-020, filed 3/12/13, effective 4/12/13. Statutory Auth…

The district's plan for operation of the highly capable program shall be annually approved by formal action of the district's board of directors.[Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185.030. WSR 26-10-094, s 392-170-025, filed 5/6/26, effective 6/6/26. Statu…

The school district's annual plan shall contain the following:(1) Consistent with RCW 28A.185.030 and 28A.300.770, a description of the district's plan to identify students, including universal screening strategies at two grade levels;(2) Consistent with RCW 28A.185.020 and 28A.3…

Objective criteria are student data points that come from either research-based or norm-referenced assessments, such as standardized, cognitive, or achievement assessments; or may include performance on classroom curriculum-based assessments. Local norms should be calculated for …

Accelerated learning means accessing new content at a faster pace, as well as reaching higher standards and/or higher grade levels. Enhanced instruction means guided instruction with increased complexity, abstraction, and depth of curriculum that is advanced beyond the general ed…

Highly capable students are students in grades K-12 who demonstrate readiness and/or potential to benefit from advanced grade level curriculum in one or more subject areas and require accelerated learning and enhanced instruction beyond the general education curriculum to achieve…

As used in this chapter, a highly capable specialist has training, experience, advanced skills, and knowledge in the education of highly capable students. The district must provide professional learning opportunities to support these areas of competence: Identification procedures…

Students who are twice exceptional (2e) are students with disabilities who also need accelerated learning and enhanced instruction in their domain(s) of strength. Students who are twice exceptional have an IEP or a section 504 accommodation plan in addition to qualifying for high…

Districts must create and publish a procedure for universally screening students in two grade levels. All students in the chosen grade levels must be screened for identification of learning needs and placement for highly capable services. The first universal screening must occur …

Notification shall be made at the following times:(1) Universal screening. Prior to the start of universal screening, notice shall be made in a timely manner to parents/guardians whose students will be universally screened for possible inclusion in the highly capable program. Thi…

Each school district shall establish written procedures for the referral of students to participate in programs for highly capable students. Referrals must be available for all grade levels K-12 not universally screened. Such procedures shall permit referrals based on data or evi…

District practices for identifying highly capable students must seek to expand access to accelerated learning and enhanced instruction at elementary and secondary schools and advance equitable enrollment practices, so that all students, especially students from historically under…

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

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

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

The multidisciplinary placement committee makes decisions for the placement of students in the district's highly capable program. Members of the multidisciplinary placement committee shall have orientation on current research about the equitable identification of highly capable s…

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

Each district shall have a clearly written procedure for appealing the multidisciplinary placement committee's decisions and publicly disseminate this procedure, including a link to the appeal form when a student decision is communicated to a parent/guardian. Appeals shall be ava…

Students who are identified as highly capable must be provided opportunities for accelerated learning and enhanced instruction until they graduate from K-12 education. Districts must develop and publish a procedure for exiting students from highly capable services. Behavior, disa…

Districts shall make a variety of appropriate services available to students who are placed in the district's program for highly capable students. Once services are started, a continuum of services shall be provided to the student at all grade levels K-12 from identification thro…

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

To ensure that school districts are meeting the requirements of this chapter, the superintendent of public instruction shall monitor district services/programs no less than once every five years. Monitoring under this section may be conducted concurrently with other program revie…

Districts shall submit to the superintendent of public instruction at the close of each fiscal year an end of year report on forms provided by the superintendent of public instruction, which includes:(1) A summary of the number of students served by grade level, level of service,…

Districts shall keep such records as are necessary to demonstrate compliance with this chapter and shall make such records available to authorized state personnel.[Statutory Authority: Chapter 28A.16 RCW. WSR 84-14-037 (Order 84-20), § 392-170-095, filed 6/28/84.]

Districts shall provide up-to-date student placement information via comprehensive education data and research system (CEDARS), so that accurate disaggregated demographic information for each district can be generated.[Statutory Authority: 2023 c 265, RCW 28A.185.010, and 28A.185…

The state authority for this chapter is RCW 28A.155.090(7). This authority enables the superintendent of public instruction to promulgate rules and regulations to implement chapter 28A.155 RCW. This authority is supplemented by RCW 28A.300.070 which authorizes the superintendent …

The purposes of this chapter are to:(1) Implement chapter 28A.155 RCW consistent with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.;(2) Ensure that all students eligible for special education services have available to them a free appropriate public…

(1)(a) The provisions of this chapter apply to all political subdivisions and public institutions of the state that are involved in the education of students eligible for special education services, including:(i) The office of superintendent of public instruction (OSPI) to the ex…

Act means Part B of the Individuals with Disabilities Education Act, as amended.[Statutory Authority: RCW 28A.155.090. WSR 21-19-065, § 392-172A-01020, filed 9/14/21, effective 10/15/21. Statutory Authority: RCW 28A.155.090(7) and 42 U.S.C. 1400 et. seq. WSR 07-14-078, § 392-172A…

Assistive technology device means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a student eligible for special education services…

Assistive technology service means any service that directly assists a student eligible for special education services in the selection, acquisition, or use of an assistive technology device. The term includes:(1) The evaluation of the needs of a student, including a functional e…

A behavioral intervention plan is a plan incorporated into a student's IEP if determined necessary by the IEP team for the student to receive FAPE. The behavioral intervention plan, at a minimum, describes:(1) The pattern of behavior(s) that impedes the student's learning or the …

A charter school means a public school governed by a charter school board and operated according to the terms of a charter contract executed under chapter 28A.710 RCW and includes a new charter school and a conversion charter school. A charter school also has the same meaning giv…

(1)(a) Child with a disability or as used in this chapter, a student eligible for special education services means a student who has been evaluated and determined to need special education services because of having a disability in one of the following eligibility categories: Int…

(1) Consent means that:(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in his or her native language, or other mode of communication;(b) The parent understands and agrees in writing to the carrying out of the activit…

(1) Day means calendar day unless otherwise indicated as business day or school day.(2) Business day means Monday through Friday, except for federal and state holidays, unless holidays are specifically included in the designation of a business day, in other sections of this chapt…

Educational service agency means:(1) A regional public multiservice agency:(a) Authorized to develop, manage, and provide services or programs to students eligible for special education services within school districts;(b) Recognized as an administrative agency by the OSPI for pu…

Elementary or secondary school means a public school, a nonprofit institutional day or residential school including a private school, and a public charter school that provides education to students in any combination of kindergarten through twelfth grade. The definition does not …

English learner has the meaning given the term in 20 U.S.C. Section 7801(20). The term "English learner," when used with respect to an individual, means an individual:(1) Who is aged three through twenty-one;(2) Who is enrolled or preparing to enroll in an elementary school or se…

Equipment means:(1) Machinery, utilities, and built-in equipment, and any necessary enclosures or structures to house the machinery, utilities, or equipment; and(2) All other items necessary for the functioning of a particular facility as a facility for the provision of education…

Evaluation means procedures used in accordance with WAC 392-172A-03005 through 392-172A-03080 to determine whether a student has a disability and the nature and extent of the special education and related services that the student needs.[Statutory Authority: RCW 28A.155.090(7) an…

Excess costs means those costs that are in excess of the average annual per-student expenditure in a school district during the preceding school year for an elementary school or secondary school student, as may be appropriate, and that must be computed after deducting:(1) Amounts…