WSR 08-12-093

EMERGENCY RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 4, 2008, 9:03 a.m. , effective June 4, 2008, 9:03 a.m. ]


Effective Date of Rule: Immediately.

Purpose: These rule revisions will update the calculation of the K-12 staff ratio compliance for state funding purposes. These revisions will provide a more fair and appropriate methodology to calculate the K-12 staff-per-student ratio compliance for school districts that provide students instruction pursuant to a contact with a college or university.

Citation of Existing Rules Affected by this Order: Amending WAC 392-127-015.

Statutory Authority for Adoption: RCW 28A.150.290.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: This rule is being applied to the current 2007-08 school year for school districts that provide students instruction pursuant to a contract with a college or university. Without the relief provided in the rule revisions, school districts, and subsequently the contracted colleges and universities, will be unduly penalized in the state K-12 funding formula if they provide this instruction.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 4, 2008.

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1686.1


AMENDATORY SECTION(Amending WSR 00-02-064, filed 1/3/00, effective 2/3/00)

WAC 392-127-015   FTE enrollment -- Definition.   As used in this chapter, "full-time equivalent enrollment" means for the period selected by a school district, the total full-time equivalent students reported by a school district pursuant to WAC 392-121-122 excluding:

(1) Running start and University of Washington transition school students reported ((pursuant to subsections)) under WAC 392-121-122 (3) and (4) ((of that section)); and

(2) Students that are being served pursuant to a contract under WAC 392-121-188 with a higher education institution when the staff serving the students are not reported on the school district's S-275 report for the time of instruction.

[Statutory Authority: RCW 28A.150.290(2) and 28A.150.200(2). 00-02-064, 392-127-015, filed 1/3/00, effective 2/3/00. Statutory Authority: RCW 28A.150.290. 96-05-022 (Order 96-03), 392-127-015, filed 2/13/96, effective 3/15/96. Statutory Authority: RCW 28A.150.290 and 28A.150.100(2). 93-21-089 (Order 93-18), 392-127-015, filed 10/20/93, effective 11/20/93. Statutory Authority: RCW 28A.41.170(1). 90-12-078 (Order 10), 392-127-015, filed 6/1/90, effective 7/2/90.]

Washington State Code Reviser's Office