WSR 08-24-029

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed November 24, 2008, 12:35 p.m. , effective December 25, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 392-122-221 defines the enrollment exclusions for an institution student. The intent of this WAC change is to clearly identify the priority of counting a student who is in the institution on the institution count date as well as in their regular school district on the school district's count date. This change helps to ensure that students are not double counted for enrollment purposes.

Citation of Existing Rules Affected by this Order: Amending WAC 392-122-221.

Statutory Authority for Adoption: RCW 28A.150.290.

Adopted under notice filed as WSR 08-20-091 on September 29, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: November 24, 2008.

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-1953.1


AMENDATORY SECTION(Amending WSR 01-24-002, filed 11/21/01, effective 12/22/01)

WAC 392-122-221   Definition -- State institutional education program -- Enrollment exclusions.   The following may not be counted as an enrolled institutional education program student:

(1) A person whose educational activity has terminated.

(2) A person who has transferred to another institution or school district.

(3) An institution student who:

(a) Has not engaged in educational activity in the past five school days, excluding days of excused absence;

(b) Has not engaged in educational activity in the past ten school days including days of excused absence; or

(c) Is claimed by any school district as an enrolled student eligible for state basic education support pursuant to chapter 392-121 WAC where the school district's count date occurs prior to the institution's count date for the month.

When the institution's count date and the school district's count date are on the same date, institutions shall have priority for counting the student.

[Statutory Authority: RCW 28A.150.290. 01-24-002, 392-122-221, filed 11/21/01, effective 12/22/01. Statutory Authority: 1998 c 244 9(2) and RCW 28A.150.290. 98-21-065 (Order 98-09), 392-122-221, filed 10/20/98, effective 11/20/98. Statutory Authority: RCW 28A.150.290. 95-08-025, 392-122-221, filed 3/29/95, effective 4/29/95; 92-03-045 (Order 92-03), 392-122-221, filed 1/10/92, effective 2/10/92.]

Washington State Code Reviser's Office