WSR 02-12-097

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 4, 2002, 4:25 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-08-021.

Title of Rule: Chapter 392-120 WAC, Finance. University of Washington (UW) Transition School and early entrance program allocations.

Purpose: To update language to be consistent with the intent of the UW program and to add two content changes:

(1) Add the University of Washington Academy as one of the early entrance programs and (2) increase the number of students eligible for entrance into the UW's early entrance programs from 30 to 110.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: RCW 28A.185.040.

Summary: Rule changes are needed in order to clarify participation of highly capable students who are eligible to participate in the University of Washington's early entrance programs and to identify an additional early entrance program, University of Washington Academy. Changes allow the university to increase the number of highly capable students participating in their programs.

Reasons Supporting Proposal: University of Washington's president has requested this change. There is a need to provide appropriate educational opportunities to highly capable students.

Name of Agency Personnel Responsible for Drafting and Implementation: Gayle Pauley, Office of Superintendent of Public Instruction, (360) 725-6100; and Enforcement: Mike Bigelow, Office of Superintendent of Public Instruction, (360) 725-6111.

Name of Proponent: Office of Superintendent of Public Instruction, University of Washington, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: (1) Addition of University of Washington Academy as one of the universities' early entrance programs and (2) increase the number of students from 30 to 110 who may participate in one of the transition schools and/or early entrance programs based on the Interlocal Cooperation Act, chapter 39.34 RCW.

Proposal Changes the Following Existing Rules: Increase of number of students allowed to participate.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Old Capitol Building, Wanamaker Conference Room, P.O. Box 47200, Olympia, WA 98504-7200, on July 9, 2002, at 9-11 a.m.

Assistance for Persons with Disabilities: Contact Sheila Emery by July 5, 2002, TDD (360) 664-3631, or (360) 725-6271.

Submit Written Comments to: Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, 600 South Washington Street, Olympia, WA 98504-7200, fax (360) 753-4201, by July 5, 2002.

Date of Intended Adoption: July 11, 2002.

June 2, 2002

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-5474.2


AMENDATORY SECTION(Amending Order 18, filed 7/19/90, effective 8/19/90)

WAC 392-120-001   Authority.   The authority for this chapter is RCW 28A.185.040 which authorizes the superintendent of public instruction to adopt rules relating to the allocation of any state and federal moneys for students attending a University of Washington transition school and/or early entrance program.

[Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-120-001, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.58.217. 88-19-026 (Order 88-21), 392-120-001, filed 9/12/88.]


AMENDATORY SECTION(Amending Order 90-04, filed 4/12/90, effective 5/13/90)

WAC 392-120-005   Purpose.   The purpose of this chapter is to set forth policies and procedures relating to the allocation of state and federal moneys to the University of Washington for eligible highly capable students attending a University of Washington transition school and/or early entrance program.

[Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-005, filed 4/12/90, effective 5/13/90; 88-19-026 (Order 88-21), 392-120-005, filed 9/12/88.]


AMENDATORY SECTION(Amending Order 90-04, filed 4/12/90, effective 5/13/90)

WAC 392-120-010   Definition -- University of Washington transition school and early entrance program.   As used in this chapter, "University of Washington transition school and early entrance program" means ((a)) programs operated by the University of Washington for the education of highly capable students.

[Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-010, filed 4/12/90, effective 5/13/90; 88-19-026 (Order 88-21), 392-120-010, filed 9/12/88.]


AMENDATORY SECTION(Amending Order 90-04, filed 4/12/90, effective 5/13/90)

WAC 392-120-020   Definition -- Eligible student.   As used in this chapter, "eligible student" means a student:

(1) Enrolled in the University of Washington transition school and/or early entrance program for not more than three years; and

(2) Eighteen years of age or younger at the beginning of the school year.

[Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-020, filed 4/12/90, effective 5/13/90; 88-19-026 (Order 88-21), 392-120-020, filed 9/12/88.]


AMENDATORY SECTION(Amending Order 97-05, filed 9/17/97, effective 10/18/97)

WAC 392-120-025   Definition -- Full-time equivalent student.   As used in this chapter, "full-time equivalent student" means an eligible student enrolled in and attending all courses required for continued enrollment in ((the)) a transition school, and also means an eligible student who is enrolled in the early entrance program for 12 college credits or more per quarter.

[Statutory Authority: RCW 28A.185.040. 97-20-002 (Order 97-05), 392-120-025, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-025, filed 4/12/90, effective 5/13/90; 88-19-026 (Order 88-21), 392-120-025, filed 9/12/88.]


AMENDATORY SECTION(Amending Order 97-05, filed 9/17/97, effective 10/18/97)

WAC 392-120-030   Definition -- School year -- Beginning -- End.   As used in this chapter, "school year" ((means the beginning of autumn quarter through the end of summer quarter)) shall begin on the first day of September and end with the last day of August.

[Statutory Authority: RCW 28A.185.040. 97-20-002 (Order 97-05), 392-120-030, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-030, filed 4/12/90, effective 5/13/90.]


AMENDATORY SECTION(Amending Order 90-04, filed 4/12/90, effective 5/13/90)

WAC 392-120-035   Definition -- Resident school district.   As used in this chapter, "resident school district" means the same as that term is defined in WAC ((392-137-010(4))) 392-137-120.

[Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-035, filed 4/12/90, effective 5/13/90.]


AMENDATORY SECTION(Amending Order 90-04, filed 4/12/90, effective 5/13/90)

WAC 392-120-050   Contract between the superintendent of public instruction and the University of Washington.   The superintendent of public instruction shall contract under the Interlocal Cooperation Act, chapter 39.34 RCW, with the University of Washington for the admission and enrollment in the transition school of up to thirty highly capable students in the state of Washington each academic year and up to eighty highly capable students in the University of Washington's Academy each academic year, and for the continued enrollment and instruction in ((the)) these early entrance program(s) of such students until they turn eighteen or complete three years at the transition school and/or early entrance program, whichever first occurs.

[Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-050, filed 4/12/90, effective 5/13/90.]


AMENDATORY SECTION(Amending Order 97-05, filed 9/17/97, effective 10/18/97)

WAC 392-120-055   Responsibilities -- University of Washington.   The allocation of moneys pursuant to this chapter are conditioned on the University of Washington transition school and early entrance program(s) performing the following:

(1) Reporting for each count date for each eligible student of their:

(a) Full-time equivalency; and

(b) Resident school district.

(2) Expending the moneys allocated pursuant to this chapter on allowable activities.

(3) Providing health screening as agreed to by contract with the superintendent of public instruction; enforcing chapter 180-140 WAC and all applicable federal laws relating to student discipline and rights for students enrolled in the transition school or early entrance program(s) who have not yet registered or enrolled in college level courses; and enforcing Title 478 WAC and all applicable federal laws relating to student conduct, discipline, records and rights, for students who have registered and enrolled in one or more college level courses.

(4) Reporting for the October count date of each year to the resident school district of the enrollment of each student in the University of Washington transition school and early entrance program(s).

(5) Reporting annually to the superintendent of public instruction the actual expenditures on allowable activities.

[Statutory Authority: RCW 28A.185.040. 97-20-002 (Order 97-05), 392-120-055, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-055, filed 4/12/90, effective 5/13/90.]


AMENDATORY SECTION(Amending Order 90-04, filed 4/12/90, effective 5/13/90)

WAC 392-120-060   Responsibilities -- Superintendent of public instruction.   In carrying out the responsibilities associated with this chapter, the superintendent of public instruction shall:

(1) Perform such calculations as are necessary to carry out the several provisions of this chapter;

(2) Allocate such moneys as determined to the University of Washington transition school and early entrance program(s) quarterly.

[Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-060, filed 4/12/90, effective 5/13/90.]


AMENDATORY SECTION(Amending Order 97-05, filed 9/17/97, effective 10/18/97)

WAC 392-120-065   Calculation of quarterly allocation.   The superintendent of public instruction shall calculate the quarterly allocation of moneys to the University of Washington transition school and early entrance program(s) using information available at the time the calculation is made as follows:

(1) Sum the following for each eligible student:

(a) Determine the revenue per eligible annual average full-time equivalent student; and

(b) Multiply the result obtained in (a) of this subsection by the annual average full-time equivalency of the eligible student.

(2) Adjust the result obtained in subsection (1) of this section by any over or under payments resulting from prior quarterly allocations.

[Statutory Authority: RCW 28A.185.040. 97-20-002 (Order 97-05), 392-120-065, filed 9/17/97, effective 10/18/97. Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-065, filed 4/12/90, effective 5/13/90.]


AMENDATORY SECTION(Amending Order 90-04, filed 4/12/90, effective 5/13/90)

WAC 392-120-070   Recovery of unspent moneys.   The University of Washington transition school and early entrance program(s) shall remit the positive difference determined by subtracting the actual expenditures on allowable activities from the total allocation.

[Statutory Authority: RCW 28A.58.217. 90-09-038 (Order 90-04), 392-120-070, filed 4/12/90, effective 5/13/90.]

Washington State Code Reviser's Office