(1) School districts with eligible schools or charter schools that intend to provide a FDK program shall submit a letter of acceptance to the superintendent of public instruction in accordance with a timeline established by the superintendent of public instruction. This letter of acceptance must include the following:

(a) Assurances that the school shall comply with all program requirements outlined in RCW 28A.150.315(1);

(b) Any other requirements as established by the office of superintendent of public instruction; and

(c) In the 2016-17 school year, full-day kindergarten funding is available for schools in which, due to the lack of space/capacity, not all students are able to be served with a full-day kindergarten program. When selecting students for these full-day classrooms, school districts must prioritize students from low income families and consider other students who likely receive the greatest benefits from full-day kindergarten.

(2) The superintendent shall approve the letters of acceptance that have met the requirements in subsection (1) of this section. If, after approving all of the letters of acceptance that were received that met the requirements in subsection (1) of this section, the superintendent determines that additional funding will be available, the superintendent shall notify charter schools and school districts with schools that have the next highest levels of free and reduced price lunch eligibility that they are eligible.

(3) The eligibility for FDK is determined based upon an individual building's student poverty and may not transfer to other buildings or students within a school district.