ALE Common Questions
This section includes many common questions relating to the ALE rules (WAC 392-121-182).
General requirements
A. These rules apply only for ALE courses claimed for state general apportionment funding. The rules don’t explicitly authorize or limit district practices related to courses or services offered to a student outside the student’s state-funded full-time equivalency.
Last updated: 7/15/2011
Definitions
Alternative learning experience
Q. What are alternative learning experiences?
A. An alternative learning experience (ALE) is a course or set of courses for public school students that are primarily characterized by learning activities that occur away from the regular public school classroom setting. The specific requirements and expectations of these away-from-school learning activities are detailed in a written student learning plan (WSLP) developed and supervised by a certificated public school teacher. In order to receive state basic education funding for ALE, a school district must comply with the ALE funding requirements detailed in WAC 392-121-182.
Last updated: 8/12/2011
Q. What are the regulatory requirements (rules) for alternative learning experiences?
A. Washington State law, RCW 28A.150, defines the general requirements for ALE. This law delegates authority to OSPI to develop administrative rules to implement ALE requirements. These requirements are spelled out in WAC 392-121-182. These rules have been in existence for many years, and were most recently amended in June 2011. The ALE rules are school finance rules, allowing school districts to establish programs and claim basic education funding for student learning experiences that occur primarily away from school. This is in contrast to the more commonly used "seat time" requirements for basic education funding, where school districts claim basic funding only for enrolled students who are expected to actually attend school each day for a specified number of hours. In addition to the requirements of WAC 392-121-182, ALE programs must comply with all other existing rules and laws governing public education in Washington State.
Last updated: 8/12/2011
Q. How is ALE different from home-based instruction?
A. Although ALE may be similar to home-based instruction in that it is characterized by learning that occurs away from school, it is not home-based instruction. ALE is a public school learning experience which is planned, developed, and supervised by a public school teacher. Home-based instruction is subject to specific state laws (RCW 28A.200 and RCW 28A.225.010) and planning and supervision falls under the authority of the parent, not the school district. Home-based students may enroll part-time in public school classes and programs, including ALE.
Last updated: 8/12/2011
Q. What are the different types of ALE?
A. Because of the flexible and innovative nature of ALE, it is difficult to categorize these learning options or programs into specific types. In general, though, there are three primary types of ALE programs: contract-based learning, online learning, and parent partnership programs. In some programs there is significant overlap among these three types. For example, a parent partnership program could offer contract-based learning to high school students, and offer courses using digital or online means. The following is a brief, generalized overview of these three types:
- Contract-based learning—usually limited to secondary students, and often used for credit retrieval or credit acceleration. Many alternative middle and high schools offer some form of contract-based learning, as do a smaller number of comprehensive high schools. The "contract" in "contract-based" refers to a learning contract between the student and the school, not to any contracts the district may hold with third-party vendors.
- ALE online program—many schools offer online learning courses, but claim funding for only the hours the student is in an on-site classroom. Online learning only becomes ALE when the student is engaged in learning away from school, and the school district is using the time the student engages in this away-from-school learning as part of the full-time equivalence (FTE) claimed for basic education apportionment. Online learning that occurs solely in a classroom setting under the direct supervision of teacher is not ALE. The requirements for ALE online programs, found at RCW 28A.150.262, form the basis for much of the requirements for ALL ALE.
- Parent partnership programs—these programs include significant participation and partnership by parents and families in the design and implementation of a student’s learning experience. But, as noted above, this type of ALE is not home-based instruction, because the school district is ultimately responsible for student learning, not the parent.
Last updated: 8/12/2011
A. Separate laws and rules govern work based learning. There are substantial differences between work based learning and ALE in how student FTE is calculated, and in how credit is issued. ALE programs that provide for work based learning should be clear about these distinctions and the additional requirements of work based learning pursuant to WAC 392-410-315. Programs should appropriately apply the work based learning rules (WAC 392-121-124) and not the ALE rules when claiming enrollment for work based learning programs. More information on WBL can be found on the OSPI Work-Based Learning page.
Last updated: 8/12/2011
Q. What is a part-time student?
A. A part-time student is a student who is enrolled in the public school for any amount of time less than a 1.0 FTE, and who is also receiving home-based instruction, or who is also enrolled in an approved private school.
Note that students can split enrollment between a regular instructional program and an ALE program. Generally speaking, these students are not considered to be “part-time” students because their enrollment totals 1.0 FTE between the two programs.
This does not include students enrolled less than full time in school with the agreement of school district officials. Examples of this type of partial enrollment:
- A high-school senior taking only one or two classes needed to graduate;
- A teen parent taking a limited course load because of his or her parenting responsibilities;
- A student with a chronic illness that limits his or her ability to take a full course load.
Last updated: 8/12/2011
A. If the program is operating under WAC 392-121-182, the answer is no. A district may not arbitrarily determine an alternative learning experience program is not open to part-time enrollment. The relevant law is RCW 28A.150.350. In summary, this law requires school districts to allow part-time enrollment "in the same manner as" for other public school students. Thus, ALE programs should not discriminate between full-time and part-time status when enrolling students in the program. Further, programs that may need to limit student enrollment based on budgetary constraints, or program design issues, or for other reasons, and that establish waiting lists, should not discriminate between full-time and part-time status when enrolling students from the waiting list.
Last updated: 8/12/2011
Q. When do I count a student for ancillary services and when do I count them as a part-time student?
A. Ancillary services are any co-curricular service or activity, any health care service or activity, or any other services or activities for or in which kindergarten through 12th grade students receive at a public school. Students receiving regularly scheduled instruction or services should be counted as a part-time student and reported based upon enrolled hours on OSPI form P-223. Students receiving instruction or services that are not regularly scheduled should be reported based upon actual contact hours on OSPI form P-240.
Last updated: 8/12/2011
A. Students who are participating in a course within the regular classroom setting and schedule are likely not ALE student, and can be claimed as “seat time” students.
Last updated: 9/16/2011
Certificated teacher
A. Yes. The ALE rules define the teacher role in ALE as a Washington State certificated teacher. The rules require that the written student learning plan be developed and supervised by a certificated teacher and that weekly contact and monthly progress reviews be conducted by a certificated teacher.
Last updated: 8/12/2011
Q. What role does the certificated teacher play in an ALE program?
A. Just like in the regular instructional setting, the certificated teacher must hold responsibility for the instructional role in an ALE.
Last updated: 8/12/2011
Q. What characterizes the "instructional role" of the certificated teacher in an ALE?
A. In addition to any direct instruction called for in the WSLP, the instructional role includes, at minimum, responsibility for each course identified on the WSLP, weekly direct personal contact, weekly face-to-face contact for those programs pursuing 90% general apportionment funding, monthly progress reviews, including the determination of satisfactory progress, development and monitoring of the intervention plan; and all periodic course grading, assessment, and evaluation of each ALE course and of the WSLP as a whole, including any intervention plans.
Last updated: 8/12/2011
Q. Do all certificated teachers have to be endorsed in the subject areas in which they teach?
A. Existing teacher certification requirements and teacher assignment requirements apply just as in a regular public school classroom setting, including the highly qualified staff requirements of the federal Elementary and Secondary Education Act (ESEA) of 2001 (also known as No Child Left Behind Act).
Last updated: 8/12/2011
A. Highly qualified teacher (HQT) requirements are federal requirements that are part of Title IIA of the ESEA. As noted above, teachers on ALE are subject to the same HQT requirements as teachers in regular instructional programs. Detailed information on HQT can be found at OSPI's Highly Qualified Teachers page. Specific reference to alternative settings can be found starting on page 26 of the HQT Resource Manual.
Last updated: 8/12/2011
A. Yes. The federal HQT requirements apply to all teachers of core academic subjects, regardless of the type of program or educational setting.
Last updated: 8/12/2011
Q. What role can classified staff play in an ALE program?
A. A classified employee is a staff member working in a role that does not require a valid teaching certificate. Classified staff can function in a number of ways that support the work of the certificated teacher, but for the most part cannot function in a role that requires a certificate. In an ALE program, classified staff operate under the same rules and requirements as they do in a regular education or special education program. The ALE rules clearly state that a certificated teacher must be responsible for supervision, monitoring, assessment, and evaluation of students.
Last updated: 8/12/2011
Q. What role can Educational Staff Associate (ESA) certificated staff play in an ALE program?
A. ESA staff can function in the role authorized by their ESA certificate. For example, an ESA counselor can function in a school counselor role, which may include all aspects of guidance and counseling, and may also include ALE student "case-management" responsibilities, particular with students on intervention plans. However, the ALE rules make clear certain educational activities are the responsibility of a certificated teacher (including development and implementation of the learning plan, weekly contact, monthly progress review) and these responsibilities cannot be delegated to others, including ESA certificated staff.
Last updated: 8/12/2011
A. The Highly Qualified Teacher (HQT) should hold ultimate responsibility for the course and ultimate responsibility for student learning. There is some flexibility in assigning work roles and responsibilities across multiple certificated teachers, and across the various aspects of the “instructional role” of the ALE teacher. But in the end, the HQT must have real involvement and responsibility for the course.
Last updated: 9/16/2011
A. Yes. There is some flexibility in assigning work roles and responsibilities across multiple certificated teachers, and across the various aspects of the “instructional role” of the ALE teacher. But in the end, the HQT must have real involvement and responsibility for the course.
Last updated: 9/16/2011
A. The contracting district is ultimately responsible for ensuring that ALE requirements are met. Some online providers may provide support to meet the requirements. For example, many online providers include opportunities for synchronous digital instructional contact time. Districts should ensure that ALE functions conducted by contractors are properly documented. Check with the online provider in question for more information.
Last updated: 9/16/2011
Written student learning plan
Q. What are the eight components of a WSLP?
The eight components are listed in items i through viii in the definition of a written student learning plan.
Last updated: 8/12/2011
A. While parents or others may play an active role in determining the content of the plan, the certificated teacher is ultimately responsible for its development and is accountable for its content.
Last updated: 8/12/2011
Q. How can a syllabus be used as a component of the WSLP?
A. A good course syllabus can be an ideal component of a WSLP. However, all eight components of the WSLP must be included. If the WSLP references a syllabus that is documented in the plan, then the syllabus should be available to the student. The specific version of the syllabus should then be retained as per the district retention schedule.
Last updated: 8/12/2011
A. State course codes can be found on the CEDARS page.
Last updated: 8/12/2011
Q. Can the district course codes be used on the WSLP instead of the CEDARS code?
A. Required items for the WSLP can be referenced, but any reference items would need to be readily available to a student for the duration of the WSLP and would need to be archived for the purpose of state monitoring and audit for the full records retention cycle of the item in question. For course codes, a district code could be included on the WSLP as long as the alignment between the CEDARS and district codes is easily available to all impacted parties, such as the student, their parent, OSPI, or an auditor. ALE programs are still required to report using the CEDARS codes, not district codes.
Last updated: 8/12/2011
A. The purpose of identifying all instructional materials is to ensure both the teacher and the student clearly understand what instructional materials are required to complete the course. In this context, "all" means any materials the student will use to complete the plan. The materials should be identified specifically enough so that a third party, such as a substitute teacher or the student’s parent, will know what is required. Instructional materials include textbooks, curricula, workbooks, manipulatives (except in unique situations, it is not necessary to specify each individual item), and essential equipment (like a calculator for a math course). Instructional materials do not include supplies and other types of consumable non-instructional items.
For example, if a goal for a math course was: Sam will develop an understanding of the following math concepts by the end of the month.
- Understand place value in whole numbers.
- Understand sequential relationships among whole numbers.
- Understand the meaning of addition and subtraction and how they relate to one another.
- Understand how to recognize and create equivalent mathematical models and representations in familiar situations.
A listing of the instructional materials might be: Bridging Mathematics, Houghton Mifflin; Saxon Math Workbook, Level 3; manipulative. Sam may end up using additional instructional materials during the month to supplement and enrich his learning—watching a related math show on television, using an instructional video given to him by a friend, practicing with flash cards that he created himself. The list for the WSLP consists of the essential materials needed to accomplish the goals.
The statement "a variety of textbooks and workbooks" would not meet the requirement of identification of instructional materials.
Last updated: 8/12/2011
Q. What constitutes a learning activity? What are examples of learning activities?
A. A learning activity is a specific, assignment level activity the student must complete. These rules are asking you to outline the full course for the duration of the WSLP. It can be updated as needed to meet the needs of the student, but the course needs to be up front and clear as to what specific activities the student will need to complete. This information may be present on a course syllabus. For an outcome based model, consider any scaffolding activities that a student would complete on their way to progressing towards their learning goals. Type of learning activities could include problem sets, required readings, exams, or any other type of assignment that helps a student meet the outlined performance objectives.
Last updated: 8/12/2011
Q. How do I estimate the average number of hours per week?
A. The estimate will depend on the number of courses identified in the WSLP, and the duration of the plan. A good starting point for a learning plan that includes typical semester courses is one hour per day per course. Programs with other schedules should adjust as appropriate. ALE programs should strongly consider establishing program procedures teachers can follow to ensure consistent, accurate estimates for all students.
Last updated: 8/12/2011
A. No. Only include ALE courses on the WSLP.
Last updated: 9/16/2011
Q. Do we have to use the WSLP templates provided by OSPI?
A. No. The sample forms are intended to be examples that districts can use as is, modify as needed, or create something completely different. The ALE rules don’t proscribe a specific format. What is most important is that the plan address all eight required elements.
Last updated: 9/16/2011
Q. Does the WSLP need to be signed by the student and/or parent?
A. There is no signature requirement in the rules, but programs may use signatures as a part of their documentation procedures.
Last updated: 9/16/2011
Direct personal contact
Q. For younger students, can the contact be between the teacher and the student’s parent?
A. While in many cases in may be appropriate for the parent to be involved in the contact, ultimately there must be one-to-one contact specifically between the teacher and the student.
Q. Does it count as contact if a student is in attendance for a group class taught by a teacher?
A. Only if the teacher can document weekly one-to-one contact with the student that meets one or more of the specified purposes.
A. An email message sent concurrently to a group of students does not meet the requirement that the contact be a "one-to-one meeting between a certificated teacher and the student" and include a "two-way exchange of information between a certificated teacher and the student."
Is there a minimum length of time requirement for the weekly direct personal contact?
A. No. Note that the direct personal contact time requirement is different from the face-to-face or synchronous digital instructional time required in order to claim students at the 90% funding level.
Satisfactory progress
Q. Can someone else, such as a parent, determine if the student is making satisfactory progress?
A. No. For the purposes on monthly progress review, only a certificated teacher can determine if the student is making satisfactory progress.
A. While the determination of satisfactory progress is made based on the entirety of the WSLP, in practice this aggregate determination should be made based on a review of each course included in the WSLP.
Q. What process do I follow to determine if a student is making satisfactory progress?
A. The rules do not specify a required process. How the determination is made will vary by grade-level, program design, course content, and other factors based on the WSLP including learning goals, performance objectives, learning activities. The timelines and methods which determine satisfactory progress must be outlined on the WSLP.
A. It is up to each program to establish the dimensions and methods for determining satisfactory progress. Nothing prohibits non-academic considerations from being considered in this process, if these non-academic considerations are included in the WSLP. Keep in mind the primary purposes of the monthly determination of satisfactory progress: first, to track student progress toward the successful completion of each course included in the WSLP; and second, to establish whether an intervention plan must be developed to improve student progress toward to the goals of the WSLP.
Q. Must a highly qualified teacher determine satisfactory progress?
A. An overall determination of satisfactory progress could be based on documented input from the HQ teachers of each course identified on the WSLP, but progress for the overall plan could be determined by a certificated teacher responsible for the overall plan with input from the HQ teacher(s) of each course identified on the plan.
Intervention plan
Q. Can a parent develop the intervention plan?
A. No. The intervention plan must be developed by a certificated teacher.
Last updated: 7/18/2011
Q. What if the intervention plan does not include one of the four listed interventions?
A. To meet the definition of an intervention plan as used throughout the ALE rule, at least one of the four interventions must be included as part of the plan.
Last updated: 7/18/2011
Substantially similar experiences and services
A. Generally speaking, learning activities provided by district staff—those employees actually hired by the district—are not subject to this prohibition. Keep in mind that the employee providing the learning activity is subject to all district employee rules and requirements, including fingerprint background checks. Districts should discuss with their legal counsel and insurance providers any activities that are performed regularly by employees in non-district owned facilities to determine what liabilities should be addressed.
Last updated: 8/12/2011
A. For ALE, the WSLP represents the student’s academic program. It describes the course or courses the student is taking, including the learning activities for each course—it defines the student’s full alternative learning experience. Therefore, for an ALE student, there is no basis for the district to pay for any courses, experiences, or services not included in the WSLP.
Last updated: 8/12/2011
A. No. The rule makes a specific exception to this prohibition for courses provided under contract with an OSPI-approved online course provider. See section 6(i).
Last updated: 8/12/2011
Yes. The prohibition applies to all funding sources.
Last updated: 8/12/2011
Q. Is there a reporting requirement associated with this new prohibition?
A. Yes. When a district purchases or contracts for instructional or co-curricular experiences and services in the ALE, and makes available substantially similar experiences or services to students in the regular instructional program, the district must report annually to OSPI both the purchased or contracted for ALE activity AND the substantially similar regular instructional program activity. See section 11(b) regarding reporting requirements.
Last updated: 8/12/2011
Q. Can a completed substantially similar checklist meet the reporting requirements?
A. Maybe. The documentation needs to include a section that details the “costs and purposes” of the expenditures, as required in the rules.
Last updated: 8/12/2011
A. The district that enrolls the choice student into the ALE program is responsible for offering, documenting, and reporting the substantially similar experiences/services. When a student is shared, the district that is offering the ALE program is responsible for offering, documenting, and reporting substantially similar experiences/services. If both districts offer ALE, then both are responsible for offering, documenting, and reporting their respective substantially similar offerings.
Last updated: 8/12/2011
A. No. The "substantially similar" experiences or services must be offered in the district’s regular instructional program. Simply making ALE courses available to students in the regular program does not meet the "substantially similar" standard.
Last updated: 8/12/2011
Synchronous digital instructional contact
Q. Does this include email, text messaging, or Twitter?
A. No. These types of electronic exchange do not meet the "real-time" aspect of this definition.
Last updated: 8/19/2011
A. This type of interaction could meet the requirement, but for group settings the program would need to demonstrate actual interaction for each student occurs totaling the required average per week.
Last updated: 8/19/2011
Q. What are the requirements around "synchronous digital instructional contact"?
A. Synchronous digital instructional contact refers only to an allowed exception to face-to-face contact for online programs that will be claiming funding at the 90 percent rate, rather than the 80 percent rate. See the section on differentiated funding.
Last updated: 8/19/2011
Parent
None.
ALE program requirements
Q. Can the parent write the WSLP?
A. No. Each student must have a WSLP developed by a certificated teacher. While parents may play an active role in determining the content of the plan, the teacher is ultimately responsible for its development and is accountable for its content.
Last updated: 8/12/2011
Q. Must the parent approve the WSLP?
A. No, although local program procedures can define the role of a parent with respect to the WSLP.
Last updated: 8/12/2011
Q. Is there a minimum amount of time established to count as "weekly contact?"
A. The requirements for weekly contact do not include a time specification. The parameters for weekly contact are that it is direct personal contact with a certificated staff member for the purposes of instruction, review of assignments, testing, reporting of student progress, or other learning activities. The amount of time for a particular weekly contact should reflect these parameters and the individual needs of a student at that particular time. Remember also that the weekly direct personal contact requirement is distinct from the contact time requirements that drive the differentiated funding of programs.
Last updated: 8/12/2011
Q. What will constitute adequate documentation of weekly contact?
A. Documentation of weekly contact should include date, time, description of the purpose, and confirmation that the contact was with a certificated teacher.
Last updated: 8/12/2011
Q. If a student misses a weekly contact, is it necessary to make-up a missed weekly meeting?
A. Weekly contact is a required component of an ALE course of study. On rare occasions there may be circumstances where it will not be possible to meet weekly with a student. Every effort should be made to make up missed weekly contacts. When a student displays a pattern of missed weekly contacts, the student is not following the requirements of the WSLP and an intervention plan must be developed for that student. If the student fails to make contact for twenty consecutive school days, the student must not be included in monthly enrollment reporting until the student resumes participation in the ALE.
Last updated: 8/12/2011
Q. For K-8 students, must the parent be present for the progress evaluation?
A. No. However, the results of the progress evaluation must be communicated with the parent.
Last updated: 8/12/2011
A. Not necessarily. A new course of study designed to better meet the student’s educational needs must be developed and implemented. While this may include removal of the student from the ALE program, this is not a requirement.
Last updated: 8/12/2011
Q. What documentation is necessary to verify monthly progress?
A. At minimum, the monthly progress review should include a definitive statement by the reviewing teacher regarding whether or not student progress is satisfactory. This statement should be signed (physically or digitally) and dated by the reviewing teacher.
Last updated: 8/12/2011
A. See the definition of "direct personal contact." Essentially, a two-way exchange of information between the student and the responsible teacher must occur. For instance, it is not enough to e-mail a student with a statement of progress. There must be two-way communication between the student and the teacher.
Last updated: 8/12/2011
Q. Who will determine if "satisfactory progress" is being made?
A. A certificated teacher must determine if satisfactory progress is being made by determining a student's progress toward achieving the learning goals, performance objectives and completion of the learning activities specified in the written student learning plan. The WSLP must be developed in a manner that facilitates monthly evaluation of student progress. The teacher may use a number of factors to come to this determination including, but not limited to, assessment results, parent feedback, attendance, running records, subjective and objective data, educational artifacts, etc., but the WSLP must include a description of the timelines and methods for evaluating student progress so the student knows how satisfactory progress is determined.
Last updated: 8/12/2011
Q. Is there a required format or directive on how to determine what satisfactory progress means?
A. No. ALE programs represent a diverse range of structure and delivery. Mandating a process for determining satisfactory progress is counterproductive to the intent of ALE of allowing for flexible and innovative programs and services that meet the unique needs of the students they serve. Each school district will define the process by which ALE teachers will determine if satisfactory progress is being made. This process should be established as part of adopted board policy and procedure.
Last updated: 8/12/2011
Q. Is there a certain process ALE programs should follow to develop an intervention plan?
A. An intervention plan must be developed, documented, and implemented by a certificated teacher in conjunction with the student and, for students in grades K-8, the student's parent(s).
Last updated: 8/12/2011
A. Section 4(c) of the rule addresses intervention plan requirements. If the student is not making satisfactory progress, despite an intervention plan, then the district should design a course of study to more appropriately meet the student’s educational needs. This may include removal of the student from the alternative learning experience and enrollment of the student in another educational program offered by the district.
Last updated: 8/12/2011
Q. What should an intervention plan look like?
A. At minimum, the intervention plan must include at least one of the following interventions:
- Increasing the frequency or duration of direct personal contact for the purposes of enhancing the ability of the certificated teacher to improve student learning;
- Modifying the manner in which direct personal contact is accomplished;
- Modifying the student's learning goals or performance objectives;
- Modifying the number of or scope of courses or the content included in the learning plan.
Last updated: 8/12/2011
A. No. The rules require that monthly progress reviews be conducted by a certificated teacher, and the results of the reviews be communicated to the student and, where necessary, the student's parent. In many cases, the results of the review will be determined at the time of the review and thus will be provided to the student/parent by the teacher. When the results are not known until sometime after the actual review meeting, a teacher should be available to discuss the results with the student/parent, even if the teacher is not the actual staff member communicating the results.
Last updated: 8/12/2011
A. Yes. The progress evaluation must include direct personal contact with a certificated teacher and thus can meet both requirements at the same time.
Last updated: 9/16/2011
Board policy
Q. Must the policy be in place by September 1, 2011?
A. No. The timeline of adoption of new rules and requirements is so short that it’s not realistic to expect policy to be in place by September 1. But, the board should be working on adopting policy as soon as it is practicable.
Last updated: 7/15/2011
A. A school district may have a single board policy in place that authorizes more than one ALE program and/or the availability of individual ALE courses to regular instructional students. However, the school district board of directors should develop separate policies authorizing each ALE program if these programs operate in distinctly different ways from each other, such as an elementary parent partnership program and a secondary online program.
Last updated: 7/15/2011
Q. Are there sample board policies available?
A. Sample board policies are available from WSSDA. For more information, contact Stacia Hollar, WSSDA's Director for Policy & Legal Services.
Last updated: 11/10/2011
Implementation requirements
Special education
Q. Are there guidelines or other resources for administering special education in the ALE setting?
A. OSPI has produced guidelines for special education in the online setting.
Last updated: 7/19/2011
Contracting
Q. Are courses purchased through the DLD course catalog subject to WAC 392-121-188?
A. Yes. WAC 392-121-188 applies equally to districts contracting directly with a provider or to those using the DLD catalog. See the DLD district responsibilities for more information.
Last updated: 7/28/2011
Instructional materials
A. The school district receives basic education funding for students enrolled in ALE programs, just like for students enrolled in regular classroom-based educational programs, and is therefore responsible for the provision of curricula, course content, instructional material, and learning activities as specified in the WSLP. This is distinct from home-based instruction, where the parent and student are responsible for the provision of these resources.
Last updated: 7/28/2011
Q. Do all instructional materials used in an ALE program need to be approved by the school board?
A. Washington State law (RCW 28A.320.230) requires each school district board of directors to adopt policy on the selection and deletion of instructional materials. Materials used in ALE programs are subject to this requirement. Whether or not the use of a particular instructional resource must be approved by the school board depends on the school district policy.
Last updated: 7/28/2011
Q. For an online course, does this mean the ALE program must provide the student with a computer?
A. No. But if the student’s WSLP includes online courses, the ALE program must ensure that the student can actually complete the courses. This may include verifying the student has personal or family access to an Internet connected computer at home or at school, or it may mean directing the student to nearby public resources such as a library. The ALE program would need to clearly identify any enrollment requirements, including access to a computer and Internet for the completion of coursework.
Last updated: 7/28/2011
Compensation to students or parents
A. Under certain circumstances parents may be reimbursed for some costs associated with the provision of related services identified on individual education program (IEP) for a student approved to receiving special education services.
Last updated: 7/15/2011
A. No. The prohibition is explicit.
Last updated: 7/15/2011
Compensation to school district employees
None.
Quality of instructional materials
None.
Approval of instructional materials
A. The simple answer is no.
Last updated: 7/15/2011
A. The short answer to the first question is "yes" and the short answer to the second question is "no."
The Superintendent of Public Instruction is directed by state law to distribute basic education allocation funding to each school district "operating" a basic education program approved by the State Board of Education. The basis for distribution is the number of average annual full-time equivalent students enrolled in, or participating in, the educational program that a district is "operating." See RCW 28A.150.250.) The term "operate" is defined in relevant part as meaning "to control or direct the functioning of." Thus, to claim state funding for the time spent by a student enrolled in an alternative learning experience, a district must have assumed and exercised control or direction over at least the essential components of the educational activity that the student engaged in.
Logic dictates that the instructional content of a student's learning activities, inclusive of the instructional materials used, is an essential component of an educational program that a school district must assume and exercise direction or control over as a condition to claiming that the district is "operating" the program. This conclusion is buttressed by RCW 28A.320.230, which highlights the importance placed upon the selection and use of instructional materials by requiring the establishment of instructional materials committees and the approval or disapproval of instructional materials by a district's board of directors.
Furthermore, in determining the appropriateness of instructional materials in alternative learning experience programs, school districts should apply the same standards and criteria that apply to classroom instructional materials. This does not mean that the material must be designed for public school classroom use, but that the materials must not be of a nature that would preclude their use in a public school classroom. Parents or other non-school district personnel may of course select alternative instructional materials for a student's use at other times outside the time devoted to meeting the learning goals and performance objectives of the district-approved written student learning plan.
Thus, for a district to claim state funding for time spent by a student while engaged in alternative learning experiences, the district must have assumed and exercised responsibility for the selection of the instructional materials used by the student in accordance with RCW 28A.320.230. Following the "performance only" logic of the second question would likely lead to erroneous state funding for learning experiences that occur away from school which the state and its school districts have assumed no responsibility for, including off-campus private school or private parochial school study.
Last updated: 7/15/2011
Purchase of instructional materials
A. No. State law defines procedures districts must follow when disposing of surplus materials. See RCW 28A.335.180.
Last updated: 7/15/2011
Q. Can a district purchase consumable supplies for an ALE program under the newly revised rules?
A. Purchase of consumable supplies is subject to local district policy and procedure. The rules are silent on the purchase of consumable supplies.
Last updated: 9/16/2011
Purchasing or contracting for instructional or cocurricular experiences and services
(See also comments and questions under subsection 3(g))
Q. What is a "substantially similar experience or service?"
A. As defined in the rule, "substantially similar experiences and services" means that for each purchased or contracted instructional or co-curricular course; lesson; trip; or other experience, service, or activity identified on an alternative learning experience written student learning plan, there is an identical or similar experience, service, or activity made available to students enrolled in the district’s regular instructional program:
- At a similar grade level;
- At a similar level of frequency, intensity, and duration including, but not limited to, consideration of individual versus group instruction;
- At a similar level of costs to the student with regard to any related club, group, or association memberships; admission, enrollment, registration, rental or other participation fees; or any other expense associated with the experience or service;
- In accordance with district-adopted content standards or state-defined grade level standards; and
- That is supervised, monitored, assess, evaluated, and documented by a certificated teacher.
Last updated: 8/22/2011
Q. How do I apply this prohibition to my program?
A. For any course identified in the WSLP that includes lessons, trips, services or other experiences or activities that are purchased or contracted for by the district, a district must offer substantially similar experiences or activities to students in the regular instructional program, according to the criteria included in the definition.
Last updated: 8/22/2011
Q. Will OSPI endorse or pre-approve our district’s substantially similar activities?
A. No. Each district is responsible for making all determinations that substantially similar activities or experiences are in fact made available to students in the regular instructional program. In other words, neither OSPI nor any other non-district entity will be in a pre-approval role for such determinations. Districts should make their own determinations recognizing that their decisions will be subject to state audit, and that each purchased or contracted experience, along with the substantially similar experience made available to students in the regular instructional program, must be reported annually to OSPI. This implies that districts should establish clear documentation on each determination made.
Last updated: 8/22/2011
Q. What kinds of experiences, services, or activities are included in this prohibition?
A. With the exception of courses purchased or provided under contract from an OSPI-approved online course or program provider (this includes all the courses listed on OSPI’s Digital Learning Department online course catalog), any course identified in the WSLP that is purchased from or provided under contract with a third party is subject to the prohibition. Also, any purchased or contracted experience or service that is part of a course identified in the WSLP is subject to the prohibition.
Last updated: 8/22/2011
A. Private classes or lessons for music (instrumental or voice), dance, painting, photography or other arts-related content; private classes or lessons for skiing, martial arts, tennis, golf or other physical education or fitness-related content; paid gym memberships; dues, fees, or other costs for recreational or competitive sports leagues or teams; private tutoring; private personal athletic training; traffic safety education courses; other privately-provided specialty-content courses such as astronomy, robotics, needlecraft; membership dues or admission fees for museums, concerts, ball games, recreation facilities, etc.; and costs associated with field trips and other off-site learning events or experiences. This is not intended to be an exhaustive list but rather an illustrative list.
Last updated: 8/22/2011
A. This would meet the requirement that it be "…at a similar grade-level" and therefore be allowable so long as students within the grade grouping actually have access to the substantially similar activity. For example, if the similar activity in the regular instructional program is a high school PE course in which only juniors and seniors can enroll, while in the ALE program only students in elementary grades can enroll in the course, this would not meet the substantially similar criteria.
Last updated: 8/22/2011
Q. So how do I apply the substantially similar prohibition?
A. Here are some questions you should ask:
- Is this a purchased or contracted instructional or co-curricular course, lesson, trip, or other experience, service, or activity?
- What identical or similar experience, service, or activity is made available to students enrolled in the district's regular instructional program?
- Is the identical or similar experience, service, or activity available at a similar grade level?
- Is it available at a similar level of frequency, intensity, and duration including, but not limited to, consideration of individual versus group instruction?
- Is the experience, service, or activity available at a similar level of costs to the student with regard to any related club, group, or association memberships; admission, enrollment, registration, rental or other participation fees; or any other expense associated with the experience or service?
- Is the experience in accordance with district adopted content standards or state defined grade level standards?
- Is this experience supervised, monitored, assessed, evaluated, and documented by a certificated teacher?
- Is the purchase identified on an alternative learning experience written student learning plan (WSLP)?
- Is the experience reasonable and necessary for the successful completion of the course objectives?
- Are there alternative options available that will cost the district less but will still enable the student to successfully complete the course objectives?
- Is the purchase or contract consistent with state purchasing requirements, such as bid requirements, and district purchasing guidelines?
- Is this purchase a responsible and accountable use of public dollars?
- Are similar activities available to regular instructional program students subject to a district fee (for example, field trips?)
Last updated: 8/22/2011
A. The following are a few illustrative examples:
- In some situations, a typical music course in a regular instructional program could be considered substantially similar to district-purchased private group music lessons as part of a music course on a WSLP, but not to district-purchased private individual music lessons as part of that music course.
- Paying for ALE student enrollment in Traffic Safety Education (TSE) as an elective course, while students in the regular education program do not have access to school-based TSE or must pay out of pocket for commercial TSE would in most cases NOT meet the substantially similar exception to the purchasing or contracting prohibition.
- A typical middle school PE course in a regular instructional program would not be considered substantially similar to a middle school PE course in an ALE program that includes paid membership to a private athletic club.
- Paying for ALE student enrollment in private professional math tutoring, while students in the regular education program have access only to school-based peer math tutors or must pay out of pocket for the same private professional tutoring would in most cases NOT meet the substantially similar exception to the purchasing or contracting prohibition.
Last updated: 8/22/2011
Home-based instruction
A. No.
Last updated: 9/16/2011
Advertising and marketing
None.
Work-based learning
None.
Verification of student work
None.
Accreditation
Q. Which accreditation agencies must be used to fulfill the accreditation requirements?
A. ALE online learning programs must receive accreditation through the Northwest Accreditation Commission (NWAC). OSPI may designate other accrediting agencies, but as of July 2011, only NWAC accreditation meets the requirement.
Last updated: 7/15/2011
Non-resident students
A. If a student fails to make satisfactory progress for three consecutive months, you must find a course of study that more appropriately meets the student’s educational needs. This may include terminating the "choice" agreement with the student and referring the student back to the resident district. However, you retain responsibility for that student until the student has actually enrolled in the other district, or has otherwise met mandatory attendance requirements.
Last updated: 8/22/2011
Q. What is meant by "retain responsibility?"
A. The district retains responsibility for the non-resident student identically to its responsibility for resident students. This includes legal, ethical, and reporting responsibilities. An example of a legal responsibility is following truancy procedures specified under 28A.225 RCW. An example of an ethical responsibility is actively working with the student and the student’s parent to find a more appropriate educational placement for the student. An example of a reporting responsibility is to code the student as a "dropout" until you have evidence of actual enrollment in another district, such as a request for student records.
Last updated: 8/22/2011
Q. What is meant by "…has otherwise met mandatory attendance requirements?"
A. The three main mandatory attendance requirements are:
- Enrollment in a public school;
- Enrollment in an approved private school; or
- Formally receiving home-based instruction.
Last updated: 8/22/2011
Courses of study
None.
High school credit and graduation requirements
None.
Enrollment reporting procedures
A. No. The WSLP must be in place before a student can be counted. The date in the plan cannot be "retroactive."
Last updated: 8/12/2011
Q. Do students need to keep monthly logs of learning activities/hours?
A. For purposes of enrollment reporting, no. However, some school districts will require documentation of learning activities/hours for purposes of issuing course credit. This is entirely a local school board policy issue, within the context of State Board of Education regulations regarding courses of study and equivalencies and high school graduation requirements.
Last updated: 8/12/2011
Q. How is FTE calculated for purposes of enrollment reporting in an ALE program?
A. FTE is calculated based on the estimated weekly hours in the learning plan. Partial FTE is determined by the percentage of hours in the learning plan of as compared to a 1.0 FTE student. For students in grades kindergarten and 1st through 3rd, 1.0 FTE is equal to 20 weekly hours of instruction. However, keep in mind that, except for those schools that qualify for full-day kindergarten funding, the state general apportionment rate for kindergarten is 0.5 FTE (10 hours per week). For students in grades 4th through 12th, 1.0 FTE is equal to 25 weekly hours of instruction.
- Example: A part-time middle school student, Susie Jones, enrolls and the estimated hours in her WSLP are 15 hours a week. 15/25 = .6. Susie would be 0.60 FTE.
- What if Susie's estimated hours were 17 hours a week?
The same formula would be used. 17/25 = 0.68 Susie would be 0.68 FTE. Pursuant to WAC 321-121-011 you would report the FTE to two (2) decimal places.
Last updated: 8/12/2011
A. The rules that govern Running Start and Work Based Learning are separate and distinct from the rules governing ALE. Thus, Running Start credits and Work Based Learning hours, and the resulting FTE, should be maintained and reported separately from ALE hours and FTE.
While the WSLP may address all three components of a student's education (in an effort to portray the full scope of a student's educational program), only ALE hours should be included in the "estimate of the average number of hours per week that the student will engage in learning activities to meet the requirements of the student learning plan" referenced in WAC 392-121-182 (4)(b) and subsequently used to calculate ALE FTE.
Keep in mind there are limitations on the amount of FTE a student can be counted for by a district (WAC 392-121-136). The Running Start and Skills Center enrollment, as well as enrollment at other districts should be considered when developing the WSLP to ensure that these limitations are not exceeded.
Last updated: 8/12/2011
A. No. You can only report the FTE that is established based on the estimated hours of learning activities specified in the WSLP. If, in the judgment of the certificated teacher supervising the WSLP, the estimated hours do not provide enough time for the student to successfully complete the learning goals and performance objectives of the WSLP, the teacher can modify the plan for subsequent months to more appropriately accommodate the student's educational needs. Of course, this is subject to the maximum FTE of 1.0. Teachers should exercise caution in adjusting student FTE when the student is being served by more than one district school or program, or by another district subject to an inter-district agreement.
Last updated: 8/12/2011
Q. Can a district charge Washington State students tuition for an ALE course or program?
A. School districts are prohibited from charging tuition for student time that is claimed for state basic education funding. The district may charge tuition and fees to full-time students who choose to enroll in district credit retrieval or acceleration courses, or other optional enrichment courses. For online courses not being claimed for state funding, any costs to students should be outlined in district policy.
Last updated: 8/12/2011
A. For an ALE student, the enrollment and participation requirement is met via the start date of the WSLP. As specified earlier, the start date of the learning plan must be on or before the fourth school day of the new school year to be included by your district in apportionment reporting for September.
Last updated: 8/12/2011
A. Yes, a student can be split between an ALE program and regular education program. Calculate the ALE enrollment in the usual manner. Then, report the ALE FTE that generates state apportionment on the monthly SAFS ALE enrollment reporting and the P-223. FTE from the regular education program should be reported on the P-223 as well.
Last updated: 9/16/2011
A. Report your actual FTE enrollment. OSPI will calculate any reductions in apportionment.
Last updated: 9/16/2011
Q. Do ALE students need to show up in person on the count day (first day of school)?
A. No, ALE students don’t have to be physically on-site on the first day of school. But, the ALE program must be able to document evidence of participation within the first four days of school in order to claim the student for September.
Last updated: 9/16/2011
A. The ALE and K-12 enrollment counts are based on the students enrolled on a given month's count day. If the student withdraws mid-month, the ALE enrollment count does not change. Likewise, if a student started the month with a 0.60 FTE and increased mid-month to a 1.0 FTE, he would be counted as a 0.60 FTE both at the beginning and in the ALE reduction columns at the end of the month.
When determining if the student met the minimum instructional contact time in order to claim at the 90% level, base it on the weeks the student was enrolled. For example, if the student withdrew on September 15th and met with his teacher face-to-face for one hour in the two weeks he was enrolled, he would have met the minimum contact time and could be reported for the 90% funding.
Base the required minimum contact time on the FTE on count day. For example, if the student was enrolled for 10 hours/week (.4 FTE) on the count day, the minimum contact time per school week would be 30 minutes.
Last updated: 10/7/2011
A. When you first access the monthly file, you must answer ‘Yes’ to the question that appears asking you to certify that your program that month intends to meet the minimum contact time. Once answering ‘Yes’, the fields will allow you to input your enrollment in both fields.
Last updated: 3/22/2012
A. When reporting your ALE enrollment, we are looking for the number of heads and the FTE enrolled in a ALE program. You may share a student between the ALE program and a school. But for both the P-223 ALE columns and SAFS ALE reporting, the headcount should be the actual heads enrolled in ALE.
Last updated: 10/7/2011
Q. If a student does not make contact for 20 days, are they not counted and withdrawn from school?
A. In section 7b of the rules, “The enrollment count must exclude students meeting the definition of enrollment exclusions in WAC 392-121-108, or students who have not had direct personal contact with a certificated teacher for twenty consecutive school days.” You do not necessarily need to withdraw the student, but you can’t claim funding for the student. You should, however, be thinking about your truancy procedures and the Becca Bill.
Last updated: 4/27/2012
Differentiated funding
A. The contact requirement applies at the program level. To receive the higher funding rate, the program must be designed to accomplish the face-to-face contact requirement, and ALL students in the program must meet the face-to-face contact time requirements. Any student that does not meet the face-to-face contact requirement in a particular month (but meets all other ALE requirements) will generate the lower funding rate. In other words, programs need to decide whether they want to qualify for the 80 percent funding or the 90 percent funding, and then design themselves accordingly to meet the relevant requirements.
Last updated: 8/19/2011
Q. How will this program-level requirement be enforced?
A. ALE programs choosing the higher funding rate must certify to OSPI that the program is designed and implemented in a manner that will accomplish the contact requirements. As with all enrollment reporting, the accuracy of submissions is subject to state audit and to periodic monitoring by OSPI.
Last updated: 8/19/2011
A. It is in addition to the weekly one-to-one direct personal contact requirement listed under subsection 4(b). However, the contact requirement under 4(b) (and the associated definition under 3(d)) does not specify that it be face-to-face, and does not include a time requirement. A program could be designed in a manner that accomplishes both the contact requirement under 4(b) and the requirement of this subsection at the same time.
Last updated: 8/19/2011
A. See the definition under 3(h).
Last updated: 8/19/2011
A. See the definition of an online program. Also, any OSPI-approved online provider meets this definition.
Last updated: 8/19/2011
A. Yes.
Last updated: 8/19/2011
A. This means that in order to qualify for the allowed exception to actual face-to-face contact, the entire WSLP must be comprised of actual online courses that meet the definition established in state law. If a WSLP includes some online courses and some non-online ALE courses, then contact must be face-to-face.
Last updated: 8/19/2011
Q. Must the contact requirement be accomplished in one sitting?
A. No. The contact requirement can be accomplished in increments. However, each increment must be documented.
Last updated: 8/19/2011
Q. Must the contact requirement be one-to-one contact?
A. No. The contact requirement can be accomplished in a group setting, so long as it meets the other requirements in 8(b), (c), and (d).
Last updated: 8/19/2011
Q. Why was differentiated funding enacted?
A: The differential funding model described in the rules is designed to implement the 15% funding cut required by ESHB 2065.
Last updated: 8/19/2011
A. The face-to-face instructional contact time (or synchronous digital contact time, under some circumstances) needs to relate to the ALE WSLP. Contact time in non-ALE courses doesn’t count.
Last updated: 9/16/2011
A. If a student doesn’t reach the required average contact time per school week in a given month, the district can claim that student at the 80% level for that month.
Last updated: 9/16/2011
Q. How do we calculate contact requirements for 90% funding for months with fewer school weeks?
A. The average contact time is calculated per school week, so only include weeks where school is in session as a part of your calculation. Include each week that ends in the reporting month. The number of actual school days in a week doesn’t matter when calculating the average contact time.
Last updated: 9/16/2011
A. When a student withdraws from an ALE program mid-month, the contact time would be based on the time the student was enrolled.
Last updated: 3/22/2012
A. If a student is enrolled in an ALE program on count day, she would be required to meet the minimum contact time for the time she was enrolled in the ALE program to receive 90% funding for that month. In your example, she was enrolled in the ALE program for only one week. She could be claimed for 90% funding if she met the minimum contact for the one week of ALE enrollment.
Last updated: 3/22/2012
A. If you can document that the seniors' schedule ends earlier, then you should only count the weeks through their last day when determining “school weeks” for the purposes of administering the 90/80 funding.
Last updated: 3/22/2012
A. The instructional contact time used to determine funding level (80% or 90%) is measured based on the average contact time per school week. So, if a student misses a week, you can make up that time the next week. For example, let’s say you have a full-time student. To claim the student at 90%, you need to have the student participate in an average of one hour per school week. So, the student could do one hour in the first week, miss the second week, then do two in the third and one in the fourth week. A total of four hours were logged for the month. (4 hours / 4 school weeks = 1 hr/week, and you’re set to claim at 90%)
Last updated: 4/27/2012
Assessment requirements
A. Although the rules require part-time students to be assessed annually, the rules do not specify how this assessment must occur. Ideally, the assessment will focus on the subject areas addressed in the student's learning plan. For part-time students who are also receiving home-based instruction, the ALE program and the student's parent should consider collaborating to jointly meet both the ALE annual assessment requirement and the home-based instruction annual assessment requirement.
Last updated: 7/28/2011
A. If a full-time ALE student chooses to opt out of the state assessment, programs should follow established state and district procedures to accommodate public school parents and students who choose this option. (Typically, parents sign a letter that is kept on file.) In nearly all cases, the student will be included in the district’s accountability measures, with a "0" score on the relevant assessments.
Last updated: 7/28/2011
A. Annual assessments need not be formal state or district standards-based assessments, or norm-referenced tests. Observational assessment from a teacher, portfolio assessment, running records, and other means may all be forms of acceptable annual assessments.
Last updated: 7/28/2011
Documentation and record retention requirements
Q. How long does the documentation of contact need to be held?
A. Districts should retain documentation in accordance with their established records retention schedules. The Washington Secretary of State’s office has a number of resources that districts can use when developing records retention schedules.
Last updated: 9/16/2011