Update on State Board of Education Rulemaking - July 15, 2020

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A comprehensive update on the recent SBE rulemaking activities covering emergency rules, waiver authorities for private schools, instructional hours, high school graduation requirements, mastery-based crediting, and more. The content includes a review of conclusions, agenda discussions, rule timelines, statutory definitions of instructional hours, and minimum requirements per statute. Key focus areas include connectivity discussions, educational activities, district-wide averages, and kindergarten programs.


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  1. Update on SBE Rulemaking July 15, 2020 1

  2. Agenda Review conclusions from connectivity discussions Overview of instructional hours issue Update on rules adopted by State Board of Education Questions and discussion 2

  3. SBE Rulemaking July 2020 Emergency Rules Emergency waiver authority and private schools Instructional hours and days Permanent Rules Emergency waiver authority and private schools Instructional hours and days High school graduation requirements Mastery-based crediting Multidisciplinary coursework Washington State History 3

  4. White White Rulemaking timeline for private school requirements

  5. Rulemaking timeline for basic education White White Rulemaking timeline for basic education

  6. Instructional Hours and Days 6

  7. Statutory definition of instructional hours RCW 28A.150.205 Subsection 1 (1) "Instructional hours" means those hours students are provided the opportunity to engage in educational activity planned by and under the direction of school district staff, as directed by the administration and board of directors of the district, inclusive of intermissions for class changes, recess, and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time actually spent for meals. 7

  8. Minimum requirement per statute (RCW 28A.150.220) At minimum, the district must make available to students: A district-wide average 1,000 instructional hours in grades 1-8 AND a district-wide average 1,080 instructional hours in grades 9-12 OR A district-wide average of 1,027 instructional hours in grades 1-12 All-day kindergarten programs must consist of at least 1,000 instructional hours 8

  9. Traditional conceptualization SBE guidance on how to count instructional hours for schools using the traditional Basic Education Act funding model tied the concept of hours to traditional seat time in the school setting In simple terms, instructional hours were counted from the beginning to the end of the school day excluding lunch 9

  10. Re-opening guidance Priority to deliver as much face-to-face, in-person instruction as allowed by public health conditions Districts should plan for when face-to-face opportunities are limited, considering: Split or rotating schedules with continuous remote learning Phased-in opening with continuous remote learning Continuous Learning 2.0 Districts should have a contingency plan for shifting to continuous remote learning in the event of school facility closure Rulemaking was needed to allow for the delivery models recommended in reopening guidance to count towards total instructional hours 10

  11. Emergency rules adopted on July 9, 2020 Proposed permanent rules were also adopted Submission of reopening plans to SBE and OSPI Funding allocation requirements still apply (4a) Days count toward 180 minimum (4b) LEAs must implement a system consistent with OSPI attendance rules (4c) SBE will revisit rule by July 2021 (4d) For the 2020-2021 school year, instructional hours as defined in RCW 28A.150.205 are not limited to in-person educational services. Local education agencies may count as instructional hours towards the minimum district-wide annual average those hours of educational activity planned by and under the direction of school district staff that are delivered through learning modalities 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 during the COVID-19 epidemic. See copy of adopted rules 11

  12. Contact Information Website: www.SBE.wa.gov Facebook: www.facebook.com/washingtonSBE Twitter: @wa_SBE Email: sbe@k12.wa.us Phone: 360-725-6025 Web updates: bit.ly/SBEupdates 12

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