WSR 08-22-025

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed October 28, 2008, 11:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 08-17-011.

Title of Rule and Other Identifying Information: WAC 392-121-136 Limitations on enrollment counts.

Hearing Location(s): Office of the Superintendent of Public Instruction, Old Capitol Building, 600 South Washington, Olympia, WA, on December 10, 2008, at 9:15.

Date of Intended Adoption: December 11, 2008.

Submit Written Comments to: Mitch Thompson, OSPI, P.O. Box 47200, Olympia, WA 98504-7200, e-mail Mitch.Thompson@k12.wa.us, fax (360) 725-6306, by December 9, 2008.

Assistance for Persons with Disabilities: Contact Clarice Nnanabu by December 9, 2008, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-121-136 was created to specify the limits to counting a student for enrollment purposes. An item that was included in the limitations should have been placed under WAC 392-121-108 which covers the enrollment exclusions. This change is to delete this exception from the list of limitations. A WAC change is being proposed concurrently which adds this item to the exceptions WAC. The item in question states that a student who is claimed on institution education enrollment reporting Form E-672 cannot be counted on Form P223 for basic education.

Reasons Supporting Proposal: This facilitates the placement of an exclusion for enrollment reporting under the correct WAC.

Statutory Authority for Adoption: RCW 28A.150.290(1).

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

Name of Proponent: Office of superintendent of public instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Mitch Thompson, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: Calvin W. Brodie, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301; and Enforcement: Jennifer Priddy, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.

A cost-benefit analysis is not required under RCW 34.05.328.

October 27, 2008

Dr. Terry Bergeson

State Superintendent

OTS-2019.1


AMENDATORY SECTION(Amending WSR 08-04-010, filed 1/24/08, effective 2/24/08)

WAC 392-121-136   Limitation on enrollment counts.   Enrollment counts pursuant to WAC 392-121-106 through 392-121-133 are subject to the following limitations:

(1) Except as provided in (a), (b) and (c) of this subsection, no student, including a student enrolled in more than one school district, shall be counted as more than one full-time equivalent student on any count date or more than one annual average full-time equivalent student in any school year.

(a) School districts operating approved vocational skills center programs during the summer vacation months may claim additional full-time equivalent students based upon actual enrollment in such vocational skills centers on the first school day of July of each year. Each district operating an approved vocational skills center program shall be entitled to claim one annual average full-time equivalent student for each 900 hours of planned student enrollment for the summer term based upon the July enrollment data.

(b) Enrollment count limitations apply separately to a student's running start, skills center and high school enrollments.

(c) Subject to (b) of this subsection, a student enrolled in a skill center program during the regular school year may be claimed for up to a combined 1.6 full-time equivalent student.

A student can be claimed for a maximum of a 1.0 full-time equivalent for the skills center enrollment and a maximum of a 1.0 full-time equivalent for the student's high school enrollment.

(2) Running start enrollment counts are limited as provided in chapter 392-169 WAC and specifically as provided in WAC 392-169-060.

(3) The full-time equivalent reported for a five year old preschool student with a disability is limited as provided in WAC 392-121-137.

(4) No kindergarten student, including a student enrolled in more than one school district, shall be counted as more than one-half of an annual average full-time equivalent student in any school year.

(5) ((A student reported as full-time on Form SPI E-672 pursuant to WAC 392-122-275 for institutional education funding shall not be reported by a school district for basic education funding on that enrollment count date.

(6))) A student reported as part-time on Form SPI E-672 shall not be reported by a school district for more than part-time basic education funding on that enrollment count date and the total enrollment reported by one or more school districts for basic education and on Form SPI E-672 must not exceed one full-time equivalent.

(((7))) (6) Districts providing an approved state-funded full-day kindergarten program as provided in chapter 28A.150 RCW (from E2SSB 5841) may claim up to an additional 0.50 FTE based upon student enrolled hours in excess of the 0.50 FTE provided under subsection (4) of this section.

[Statutory Authority: RCW 28A.150.290. 08-04-010, 392-121-136, filed 1/24/08, effective 2/24/08; 97-22-013 (Order 97-06), 392-121-136, filed 10/27/97, effective 11/27/97; 95-01-013, 392-121-136, filed 12/8/94, effective 1/8/95. Statutory Authority: RCW 28A.150.290, 28A.150.250 and 28A.150.260. 91-02-096 (Order 50), 392-121-136, filed 1/2/91, effective 2/2/91. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-136, filed 1/11/88.]

Washington State Code Reviser's Office