WSR 11-17-045

PERMANENT RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed August 11, 2011, 1:09 p.m. , effective September 11, 2011 ]


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

Purpose: Creating new chapter 392-700 WAC, enacting provisions of E2SHB 1418 (establishing a statewide dropout reengagement system), which was adopted by the legislature in 2010.

Statutory Authority for Adoption: RCW 28A.175.100.

Other Authority: E2SHB 1418, chapter 20, Laws of 2010.

Adopted under notice filed as WSR 11-13-071 on June 15, 2011.

Changes Other than Editing from Proposed to Adopted Version: Additions and deletions in WAC 392-700-015, 392-700-025, 392-700-035, 392-700-065, 392-700-095, 392-700-120, 392-700-145, 392-700-155, 392-700-160, 392-700-165, 392-700-175, 392-700-195 and 392-700-225, dealing with definitions, interlocal agreements, eligibility, instruction, district administrative responsibilities, student FTE, funding and reimbursement, recordkeeping, operating agreements and the office of superintendent of public instruction approval were recommended by the drafting committee.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 21, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 21, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 21, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 21, Amended 0, Repealed 0.

Date Adopted: July 27, 2011.

Randy Dorn

Superintendent of

Public Instruction

OTS-3985.3

Chapter 392-700 WAC

DROPOUT REENGAGEMENT


NEW SECTION
WAC 392-700-001   Purpose and authority.   (1) The purpose of this chapter is to provide a statutory framework for a statewide dropout reengagement system and to provide appropriate educational opportunities and access to services for students age sixteen to twenty-one who have dropped out of high school or are not accumulating sufficient credits to reasonably complete a high school diploma in a public school before the age of twenty-one.

(2) Authority for this chapter is RCW 28A.175.100, which authorizes the superintendent of public instruction to adopt rules and procedures for statewide dropout reengagement programs.

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NEW SECTION
WAC 392-700-015   Definitions.   The following definitions in this section apply throughout this chapter:

"Agency" means an educational service district, community-based organization, or public entity other than a community or technical college.

"Annual student full-time equivalent (AFTE)" means the total student full-time equivalent (FTE) reported for each enrolled student in a school year divided by nine with the maximum being 1.0 per year.

"Average annual full-time equivalent (AAFTE)" means the sum total of the annual student full-time equivalents (AFTEs) reported for a reengagement program divided by the total number of enrolled students in the program.

"CEDARS" refers to comprehensive educational data and resource system, the statewide longitudinal data system of educational data for K-12 student information.

"College" means community college or technical college.

"Consortium" means a regional group of organizations that will consist of school districts, and agencies and/or colleges who agree to work together to create and operate a reengagement program or reengagement programs that will serve students from multiple school districts and reduce the administrative burden on school districts.

"Consortium agreement" means:

(a) The agreement that is signed by the consortium lead and all school districts which are part of the consortium and agree to refer eligible students to the consortium's reengagement programs. This agreement will clearly outline the responsibilities of the consortium lead and those of the referring school districts. A model consortium agreement with standard language will be provided by OSPI; or

(b) The agreement that is signed by a school district or technical college that is directly operating a reengagement program and all school districts which agree to refer eligible students to the program. This agreement will clearly outline the responsibilities of the technical college or school district directly operating the program and those of the referring school districts. A model consortium agreement with standard language will be provided by OSPI.

"Consortium lead" means the lead organization in a consortium that will assume the responsibilities outlined in WAC 392-700-225 (4)(d).

"Contract" means the document signed by the administrator of a school district and the administrator of an agency (educational service district, community-based organization, or public entity other than a college or technical college) when the agency agrees to operate a reengagement program on behalf of the district and will receive compensation for doing so in accordance with WAC 392-700-165. The contract will specifically outline all the required elements of a reengagement program (as stated in this chapter) that the agency and the school district are agreeing to implement. A model contract containing standard language will be provided by OSPI and may be used by the school district when requesting OSPI approval of their program as a reengagement program.

"Credential" means a GED, high school diploma, college certificate received after completion of a college program requiring at least forty hours of instruction, a college degree, or an industry recognized certificate of completion of training or licensing received after completion of a program requiring at least forty hours of instruction.

"Enrolled student" is a student who meets all the criteria outlined in WAC 392-700-045, and is reported for student FTE.

"ERDC" refers to education research and data center, which conduct analyses of early learning, K-12, and higher education programs and education issues across the P-20 system that collaborates with legislative evaluation and accountability program and other statutory partner agencies.

"Full-time equivalent (FTE) eligible student" means an eligible student whose enrollment and attendance meets criteria adopted by the office of superintendent of public instruction (OSPI) specifically for dropout reengagement programs. The criteria shall be based on the community or technical college credits generated by the student if the program provider is a community or technical college or based on a minimum amount of planned programming or instruction and minimum attendance by the student rather than hours of seat time if the program provider is a community based organization. (See WAC 392-700-160.)

"Interlocal agreement" means the document signed by the administrator of a school district and a college when the college agrees to operate a reengagement program on behalf of the district and will receive compensation for doing so in accordance with WAC 392-700-165. The interlocal agreement will specifically outline all the required elements of a reengagement program (as stated in this chapter) that the college and the school district are agreeing to implement. A model interlocal contract containing standard language will be provided by OSPI and may be used by the school district when requesting OSPI approval of their program as a reengagement program.

"Letter of intent" means the document signed by the administrator of any school district or technical college that specifically outlines all the required elements of a reengagement program (as stated in this chapter) that the school district or technical college is agreeing to implement. A model letter of intent containing standard language will be provided by OSPI and may be used by the school district or technical college when requesting OSPI approval of their program as a reengagement program.

"Measure of academic progress" means standard academic benchmarks that are measures of academic performance which are attained by reengagement students in addition to a credential. These measures will be tracked and reported by reengagement programs and school districts for each student and for reengagement programs as a whole using definitions and procedures outlined by OSPI. Measures of academic progress will be reported when a student does one of the following:

(a) Passes one or more GED tests (may only be claimed once in a year);

(b) Makes a significant gain in math and/or reading skills level as measured by a post-test using a commonly accepted standardized assessment (may be claimed multiple times in a year);

(c) Completes approved college readiness course work with documentation of competency attainment;

(d) Completes job search and job retention course work with documentation of competency attainment;

(e) Successfully completes a paid or unpaid work based learning experience of at least forty-five hours. This experience must meet all the requirements of WAC 392-410-315(2);

(f) Enrolls in postsecondary classes other than ABE/GED/ESL; or

(g) Transitions from ESL to ABE/GED classes;

(h) Transitions from ABE/GED classes to postsecondary developmental math and English classes (math or English classes at less than the 101 level);

(i) Transitions from postsecondary developmental math or English classes to the next level of postsecondary developmental math or English or from postsecondary developmental math or English classes to college level math and English classes (classes at 101 or above); and

(j) Transitions from ABE/GED classes to college level classes at 101 or above (other than English or math).

"Minimum attendance standard" means the minimum attendance that must be made by a student enrolled in a reengagement program operated by an agency or directly by a district in order for student FTE to be reported for that student on any monthly count day. (See WAC 392-700-165 (1)(a)(ii).)

"Nonstandard school year" means the months of the year, not in the standard school year; the period during which a summer instruction may be offered.

"OSPI" means the office of superintendent of public instruction.

"School year" means the twelve-month period that encompasses the standard nine month school year and the three month nonstandard school year.

"Standard school year" means the nine months from September through May or October through June during which instruction is provided and FTE is reported.

"Student full-time equivalent (FTE)" means the enrollment reported to OSPI for an enrolled student on a monthly basis with the maximum being 1.0 FTE per month.

"Total annual student full-time equivalent" means the sum of the annual student full-time equivalents (AFTEs) reported for a reengagement program.

"Written agreement" means either a contract or an interlocal agreement.

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NEW SECTION
WAC 392-700-025   Interlocal agreements.   (1) School districts may directly operate or enter into the model interlocal agreement or contract developed under RCW 28A.175.110 with an agency or college to provide a dropout reengagement program for eligible students of the district.

(2) If a school district does not operate a dropout reengagement program directly or enter an interlocal agreement or contract with an agency or college, the agency or college may petition a school district other than the resident school district to enroll the eligible students under RCW 28A.225.220 through 28A.225.230 and enter the interlocal agreement or contract with the petitioning entity to provide a dropout reengagement program for eligible students.

(3) Because school districts, agencies, and colleges are encouraged to work together to design programs and collaborations that will best serve youth, many models of operation (see WAC 392-700-225) are authorized as part of the statewide dropout reengagement system.

(4) OSPI will provide a model interlocal agreement, a model contract, a model school district letter of intent, and a model consortium agreement that will outline the required elements of a reengagement program and may be used by school districts to operate reengagement programs or to participate in a reengagement program consortium. (See WAC 392-700-225.)

(5) This chapter does not affect the authority of school districts, under RCW 28A.150.305 and 28A.320.035, to contract for educational services other than reengagement programming.

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NEW SECTION
WAC 392-700-035   Eligibility.   (1) Youth are eligible for reengagement programming when they meet the following criteria:

(a) Under twenty-one years of age, but at least sixteen years of age, as of September 1st;

(b) Have not yet met high school graduation requirements;

(c) Are significantly behind in credit as outlined below:

(i) Students who, based on their expected graduation date, participated or could have participated in up to two full years of high school must have an earned to attempted credit ratio that is sixty-five percent or less.

(ii) Students who, based on their expected graduation date, participated or could have participated in more than two full years of high school must have an earned to attempted ratio that is seventy-five percent or less.

(2) If not credit deficient as outlined in subsection (1) of this section, have been:

(a) Recommended for enrollment by case managers from the department of social and health services, the juvenile justice system, district approved school personnel, or staff from community agencies which provide educational advocacy services;

(b) Are not currently enrolled in any high school or other educational program receiving state basic education funding;

(c) Released from their district of residence, if the reengagement program is operated by a different district.

(3) Once determined eligible for reengagement programming, a student will retain eligibility, regardless of breaks in enrollment, until the student does one of the following:

(a) Earns a high school diploma;

(b) Earns an associate degree;

(c) Becomes ineligible because of age which occurs when a student is twenty-one years of age as of September 1st.

(4) A student's eligibility does not necessarily guarantee enrollment or continued enrollment in specific reengagement programs if the program determines that the student does not meet the program's enrollment criteria or if, after enrollment, a student's academic performance or conduct does not meet established program guidelines.

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NEW SECTION
WAC 392-700-045   Enrollment.   Students will be considered enrolled when they have:

(1) Met all eligibility criteria;

(2) Been accepted for enrollment by the school district;

(3) Been enrolled by the program;

(4) Participated in one day of instruction.

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NEW SECTION
WAC 392-700-055   Student documentation.   (1) The agency or college shall maintain student documentation verifying eligibility, enrollment, request for student records, minimum attendance, case management, award of credit, and performance.

(2) The agency or college shall comply with all state and federal laws related to the privacy, sharing, and retention of student records.

(3) Access to all student records will be provided in accordance with the Family Educational Rights and Privacy Act (FERPA).

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NEW SECTION
WAC 392-700-065   Instruction.   (1) Instruction for reengagement students enrolled in programs operated by an agency will meet the following criteria:

(a) Instruction must include:

(i) Academic skills instruction and GED preparation course work with curriculum and instruction appropriate to each student's skills levels and academic goals; and

(ii) College readiness and work readiness preparation course work.

(b) Instruction may include:

(i) Competency based vocational training;

(ii) College preparation math or writing instruction;

(iii) Subject specific high school credit recovery instruction;

(iv) English as a second language instruction; and

(v) Other course work approved by the school district, including cooperative work experience.

(c) Instruction will be scheduled so that all enrolled students have the opportunity to attend and work with instructional staff during all the hours of the program's standard instructional day.

(2) Instruction for reengagement students enrolled in programs operated by a college will meet the following criteria:

(a) Instruction will be provided through courses approved by the college, identifiable by course title, course number, quarter, number of credits, and classification of instructional; and

(b) The following instruction will be offered provided all students, as appropriate with their skills levels and goals, will have the opportunity to enroll in each:

(i) Basic skills remediation courses and GED preparation courses;

(ii) Courses that will lead to a postsecondary degree or certificate;

(iii) Course work that will lead to a high school diploma; and

(iv) College and work readiness preparation course work.

(3) The instruction in which each student is enrolled will not be limited to only those courses or subject areas in which they are deficient in high school credits.

(4) All reengagement instruction will be designed to help students acquire high school credits, acquire at least high school level skills, and be academically prepared for success in college and/or work. All instruction will be provided in accordance with the skills level and learning needs of individual students and not the student's chronological age or associated grade level. Therefore:

(a) All instruction that is at the ninth grade level or higher shall generate credits that can be applied to a high school diploma; and

(b) All instruction that is below the ninth grade level shall not generate high school credits but will be counted as part of the program's instructional programming for the purposes of calculating student FTE (see also WAC 392-700-155) and will be designed to prepare students for course work that is at the ninth grade level or higher.

(5) The program will administer standardized tests within one month of enrollment or secure test results from no more than six months prior to enrollment in order to determine a student's initial math and reading level upon entering the program.

(6) The agency or college will provide all instruction, core instructional materials, and required academic skills assessments at no cost to the students.

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NEW SECTION
WAC 392-700-075   Instructional staff to student ratio.   (1) For reentry programs operated by agencies the following must be adhered to:

(a) The scheduled teaching hours of an instructional staff FTE will equal or exceed the hours of the program's standard instructional day plus one additional hour per every five teaching hours for planning, curriculum development, recordkeeping, and required coordination of services with case management staff.

(b) The agency will employ or assign instructional staff as needed to maintain an instructional staff FTE to student ratio that does not exceed 1:25.

(c) Instructional staff are defined as certificated instructors or instructor-supervised noncertificated staff. However, if noncertificated instructional staff are part of the calculated instructional staff FTE to student ratio, the following conditions must be met:

(i) Noncertificated staff may not be a replacement for the certificated teacher and must always be working under the guidance and direct supervision of the certificated teacher;

(ii) A certificated instructor must always be employed or assigned by the agency to provide instruction as part of the 1:25 instructional staff FTE to student ratio; and

(iii) The ratio of certificated instructional staff FTEs to students may not exceed 1:50.

(2) For reentry programs operated by colleges the following must be adhered to:

(a) The college will ensure that all instruction will be provided by instructors who are employed or appointed by the college whose required credentials are established by the college;

(b) Instructor to student ratio for any course open to both reengagement students and nonreengagement students will be determined by the college; and

(c) Instructor to student ratio for classes designed exclusively for reengagement students will not be less than 1:35.

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NEW SECTION
WAC 392-700-085   Case management and student support.   (1) Case management staff will be employed or assigned to the reengagement program to provide accessible, consistent support to students as well as academic advising, career guidance information, employment assistance or referrals, and referrals to social and health services.

(2) The program will maintain a case management staff to student ratio not to exceed 1:75 (one case manager FTE to seventy-five enrolled students) on a full-time continuous basis throughout the program year.

(3) Only the percent of each staff member's time that is allocated to fulfilling case management responsibilities for reengagement students will be included in the calculation of a program's case management staff FTE to student ratio.

(4) Even though the provision of case management services will require case management staff to work in the community to meet client needs, case management staff will be primarily based at the reengagement program's instructional site(s).

(5) The agency or college will ensure that case management services and instruction are integrated and coordinated and that procedures are in place that facilitate timely relevant communication about student progress.

(6) Case management staff will be employed or assigned to provide services to reengagement students on a continuous basis throughout the program year.

(7) All case management staff will be employed or assigned by the agency or college and will have at least a bachelor's degree in social work, counseling, education, or a related field OR at least two years experience providing case management, counseling or related direct services to at-risk individuals or sixteen to twenty-one year old youth.

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NEW SECTION
WAC 392-700-095   District administrative responsibilities.   (1) Upon the office of superintendent of public instruction's determination that a program is approved as a reengagement program and the written agreement or letter of intent governing the program is determined to contain standard language that delineates responsibility for all the required elements of a reengagement program as outlined in RCW 28A.175.100 and this chapter, OSPI will give the school district a school or program code that will be used to uniquely identify this program and all students enrolled in the program in the district's student data system and in CEDARS.

(2) The school district will work cooperatively with the agency or college to implement an agreement or letter of intent and ensure that quality reengagement services are provided.

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NEW SECTION
WAC 392-700-105   Reporting of student data.   (1) The school district will ensure that there is accurate and timely data entry of all reengagement program student information into its student data system.

(2) The district will transmit student data to CEDARS in accordance with OSPI standards and procedures for reengagement programs.

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NEW SECTION
WAC 392-700-120   Statewide student assessment.   (1) The school district will work with the agency or college to ensure that all reengagement students have the opportunity to participate in the statewide assessment and understand that this assessment, or an approved alternative, is a high school graduation requirement.

(2) The school district will include reengagement students when calculating district-wide statistics in relation to the statewide assessments.

(3) The agency or college program staff will not be required to be direct test administrators but may act in this capacity with the approval of the school district which will be responsible for the appropriate training of agency or college staff. The school district will submit the proposed test site information to OSPI if a reengagement program is operating in adult jail, adult institution, hospital care, home care, library, group home, or church.

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NEW SECTION
WAC 392-700-135   Provision of special education and Section 504 of the Rehabilitation Act of 1973 accommodations.   (1) The school district will be responsible for the provision of special education services to any enrolled reengagement students who qualify for special education in accordance with all state and federal law.

(2) Section 504 of the Rehabilitation Act of 1973 accommodations will be provided to all eligible students served by the agency or college in accordance with all applicable state and federal law.

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NEW SECTION
WAC 392-700-145   Award of credit.   (1) For reengagement programs operated by agencies, high school credit will be awarded for all agency course work in which reengagement students are enrolled, including GED preparation, in accordance with the following:

(a) Determination of credit will take place on a quarterly basis with quarters defined as follows:

(i) September through November;

(ii) December through February;

(iii) March through May; and

(iv) June through August.

(b) Credit will be awarded at the end of each quarter, in accordance with the following guidelines, if the student has been enrolled for at least one month out of the quarter:

(i) A maximum of 0.5 high school elective credits will be awarded when a student passes one or more standardized GED pretests during the quarter and the certificated instructor has assessed student learning and determined that a course of study has been successfully completed.

(ii) A 0.5 high school elective credit will be awarded when a student makes a statistically significant standardized assessment post-test gain in a specific subject area during the quarter and the following conditions are met:

(A) The student's standardized skills assessment score at the beginning of the quarter demonstrated high school level skills; and

(B) The certificated instructor has assessed student learning and determined that a course of study has been successfully completed. A maximum of 1.0 credit may be awarded for such subject gains in a quarter.

(iii) High school elective credit ranging from at least 0.1 credits to no more than 0.25 credits will be awarded for completion of a work readiness or college readiness curriculum in which the student has demonstrated mastery of specific competencies. The district and the agency will determine the amount of credit to be awarded for each course of study based on the competencies to be attained.

(iv) For reengagement students taking part in school district approved subject-specific credit recovery course work, the amount and type of credit to be awarded will be defined by the school district.

(v) The school district may elect to award credit for other course work provided by the agency with amount of credit to be awarded determined in advance, based on the agency's certificated instructor's recommendation and on a review of the curriculum and intended learning outcomes. Credit will only be awarded when:

(A) The student's standardized skills assessment score at the start of the quarter demonstrates high school level skills; and

(B) The certificated instructor has assessed student learning and determined that the course of study has been successfully completed.

(2) For reengagement programs operated by colleges, high school credit will be awarded for course work in which reengagement students are enrolled, in accordance with the following:

(a) The school district and the college will determine whether the high school diploma will be awarded by the school district or by the college as part of the college's high school completion program.

(b) If the college is awarding the diploma:

(i) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of community/technical college course work at or above the one hundred level. The college will determine the type of credit;

(ii) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of community/technical college course work that is below the one hundred level but has been determined by the college to be at the ninth grade level or higher. The college will determine the type of credit. College GED and adult basic education (ABE) classes will not be included in this category;

(iii) 0.5 elective credits will be awarded for successful completion of every five quarter or three semester hours of GED course work; and

(iv) Adult basic education (ABE) courses or other college courses that have been determined to be below the ninth grade level will not generate high school credit but the college credits associated with these courses will be included in the total credit count used to calculate and report student FTE. (Also see WAC 392-700-165.)

(c) If the school district is awarding the diploma:

(i) 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of community/technical college course work at or above the one hundred level. The school district will determine the type of credit;

(ii) 0.5 or 1.0 high school credit will be awarded for successful completion of every five quarter or three semester hours of community/technical college course work that is below the one hundred level but has been determined by the district to be at the ninth grade level or higher. The school district will determine the type and amount of credit for each class. College GED and adult basic education (ABE) classes will not be included in this category;

(iii) 0.5 elective credits will be awarded for successful completion of every five quarter or three semester hours of GED course work; and

(iv) Adult basic education (ABE) courses or other college courses that have been determined to be below the ninth grade level will not generate high school credit but the college credits associated with these courses will be included in the total credit count used to calculate and report student FTE. (Also see WAC 392-700-165.)

(3) The school district is responsible for reporting all high school credits earned by reengagement students in accordance with OSPI regulations. College transcripts and other student records requested by the school district will be provided by the college or agency as needed to facilitate this process.

(4) The school district will ensure that the process for awarding high school credits under this contract is implemented as part of the school district's policy regarding award of credits per WAC 180-51-050 (5) and (6).

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NEW SECTION
WAC 392-700-155   Annual reporting calendar.   (1) For reengagement programs operated by agencies, the following requirements will be met in relation to the school calendar:

(a) The school year calendar shall be as follows:

(i) The standard school year will have nine instructional months and will begin in September and end in May; and

(ii) The agency may, but is not required to, offer instruction during one or more months of the nonstandard school year which will begin in June and end in August;

(b) The agency will provide the district a calendar of instruction for the standard school year prior to the first day of instruction in September.

(c) If the agency is going to provide summer reengagement instruction during one or more months of the nonstandard school year, the agency will provide the district with a calendar for the nonstandard school year prior to April 1st.

(d) Both the standard year and nonstandard year calendars must meet the following criteria:

(i) Each of the instructional months will have at least ten instructional days;

(ii) The specific planned days of instruction will be identified;

(iii) The number of hours of instruction as defined in WAC 392-700-065 (1), (3), and (4) that will be provided in a standard instructional day will be defined. For the purposes of calculation:

(A) The calculation for standard instructional day may not exceed six hours per day even if instruction is provided for more than six hours per day; and

(B) The standard instructional day may not be less than two hours per day; and

(iv) The calculated number of hours of instruction that will be provided in a standard instructional day during the standard school year may be different than the calculated number of hours of instruction that will be provided in a standard instructional day in the nonstandard school year.

(e) The agency's total planned hours of instruction will be calculated and reported as part of each calendar.

(i) The total planned hours of instruction for the standard school year will be calculated by multiplying the total number of instructional days scheduled during the standard school year by the hours of instruction that will be provided on a standard instructional day during the standard school year; and

(ii) The total planned hours of instruction for the nonstandard school year will be calculated by multiplying the total number of instructional days scheduled during the nonstandard school year by the hours of instruction that will be provided on a standard instructional day during the nonstandard school year.

(f) If the agency is going to offer instruction for the nonstandard school year, the average hours of instruction per instructional month must be calculated and reported as part of the nonstandard year calendar. The average hours of instruction per month will be calculated by dividing the total planned hours of instruction for the nonstandard school year by the number of instructional months that will be provided during the nonstandard school year.

(2) For reengagement programs operated by colleges, the following requirements will be met in relation to the school calendar:

(a) The standard school year will be nine months in length.

(b) Annually, the college and the school district will determine whether the standard school year runs from September through May or from October through June.

(c) The count day for each of the nine months of the standard school year will be the first college instructional day of each of the months.

(d) Regardless of the program's annual reporting calendar, instruction will be offered in accordance with the college's academic calendar.

(e) Instruction provided during a college's summer quarter or summer session will not be included in the standard school year. The three months that include the summer quarter of summer sessions will be considered the nonstandard school year.

(f) The count day for each of the three months of the nonstandard school year will be the first college instructional day of each of the months.

(g) Colleges will not be required to offer instruction to reengagement students during the nonstandard school year.

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NEW SECTION
WAC 392-700-160   Reporting of student FTE.   (1) For reengagement programs operated by agencies, student FTE will be reported as follows:

(a) Student FTE for the standard school year for reengagement programs operated by agencies will be reported in accordance with the following:

(i) If the program's total planned hours of instruction for the standard school year equals or exceeds nine hundred hours (also see WAC 392-700-155 (1)(e)):

(A) The program will be considered a full-time program; and

(B) Each enrolled student will be reported for a standard full-time student FTE of 1.0 on each monthly count day of the regular school year as long as they meet the minimum attendance standard and demonstrate satisfactory progress as defined in WAC 392-700-165(1).

(ii) If the program's total planned hours of instruction for the regular school year totals less than nine hundred hours, then:

(A) The program will be considered a part-time program and a standard part-time FTE figure will be used;

(B) The standard part-time FTE figure will be calculated by dividing the total planned hours of instruction by nine hundred; and

(C) The standard part-time FTE figure will be reported for each enrolled student on each monthly count day of the standard school year as long as they meet the minimum attendance standard and demonstrate satisfactory progress as defined in WAC 392-700-165(1).

(b) Student FTE for the nonstandard school year for reengagement programs operated by agencies will be reported in accordance with the following:

(i) No student may be reported as an FTE on count days during the nonstandard year months of instruction after the point they have been reported by any district for 1.0 annual FTE for the school year beginning in September;

(ii) If the program's average hours of instruction per instructional month for the nonstandard school year equals or exceeds one hundred hours (also see WAC 392-700-155 (1)(f)):

(A) The program will be considered a full-time program; and

(B) Each enrolled student will be reported as a 1.0 FTE for each instructional month as long as they meet the minimum attendance standard and demonstrate satisfactory progress as defined in WAC 392-700-165(1); and

(iii) If the program's average hours of instruction per instructional month for the nonstandard school year is less than an average of one hundred hours per month of instruction:

(A) The program will be considered a part-time program and a standard part-time FTE figure will be used;

(B) The standard part-time FTE figure will be calculated by dividing the average hours of instruction per instructional month by one hundred; and

(C) The standard part-time FTE figure will be reported for each enrolled student on each monthly count day of the nonstandard school year as long as they meet the minimum attendance standard and demonstrate satisfactory progress as defined in WAC 392-700-165(1).

(2) For reengagement programs operated by colleges, student FTE will be reported in accordance with the following:

(a) The number of credits of college course work in which a student is enrolled on the monthly count day will determine the student FTE reported each month.

(b) A student enrolled in fifteen quarterly credits on the count day of any month will be reported as 1.0 FTE for that month.

(c) If a student is enrolled in more than fifteen quarterly credits on the count day of any month, only fifteen of these can be reported as reengagement enrollment credits and the student will be reported as 1.0 FTE for that month.

(d) If a student is enrolled in less than fifteen quarterly credits, the FTE reported for that month will be calculated by dividing the number of credits of enrollment by fifteen.

(e) If a student withdraws or is dropped prior to a monthly count day, the student will not be counted as enrolled for that month and no student FTE will be reported.

(3) For all reengagement programs, agencies, colleges, and school districts will adhere to the following when reporting student FTEs:

(a) No student may be counted for more than 1.0 FTE in any month (including nonvocational and vocational FTE).

(b) If nonstandard school year instruction is provided, FTE may not be reported for any student after a total of 1.0 annual FTE has been reported for that student by any school district during the standard school year.

(c) The agency or college may not report student FTEs to the school district and the school district may not report student FTEs to OSPI for reengagement students who are concurrently enrolled in any other program for which basic education allocation funding is received, i.e., common high school, running start, alternative learning education, college in the high school, education clinic, or on-line learning.

(d) The agency or college may not report student FTEs to the school district and the school district may not report student FTEs to OSPI for reengagement students who are enrolled in course work that has been reported by a college for postsecondary student FTE.

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NEW SECTION
WAC 392-700-165   Funding and reimbursement.   (1) For reengagement programs operated by agency or college, the school district and the agency will receive state basic education apportionment funding, as authorized in RCW 28A.175.100 and WAC 392-700-001 relating to the creation of a statewide dropout reengagement system, in accordance with the procedures set forth below:

(a) Each student will be reported as a full- or part-time student FTE on each monthly count day in accordance with the procedures outlined in WAC 392-700-160, only if all of the following conditions are met:

(i) Enrollment on or before count day;

(ii) Have met the minimum attendance standard by attending at least one instructional day on count day or during the month prior to count day; and

(iii) Has not withdrawn prior to the monthly count day.

(b) For students enrolled in reengagement programs operated by an agency reporting of FTE for students will be dependent upon satisfactory progress as outlined below:

(i) Satisfactory progress will be defined as the documented attainment of at least one credential and/or one measure of academic progress during any period that a student is reported for a total of 3.0 student FTE (also see WAC 392-700-175(4));

(ii) If a student has not attained a credential or at least one of the approved measures of academic progress during the period that 3.0 student FTEs have been reported, no additional student FTE will be reported until the student does make one of the specified gains or earns a credential;

(iii) During the reporting exclusion period, the student will be allowed to continue to attend the reengagement program, if the program has the resources and capacity to support that student;

(iv) When and if the student achieves one of the specified gains or earns one of the credentials, FTE may again be reported for that student and the student will again be required to attain a measure of academic progress or earn a credential during the next period for which 3.0 student FTE is reported; and

(v) Rules governing the calculation of the 3.0 student FTEs as it relates to attain a measure of academic progress:

(A) The period during which the 3.0 student FTE is calculated and academic progress or a credential must be attained, may occur in two different school years, if the student is enrolled in successive school years;

(B) 3.0 student FTEs may be reported over the course of three successive months or over the course of multiple months;

(C) For students enrolled in full-time reengagement programs operated by an agency, 1.0 FTE will be reported each month for students who meet the conditions of WAC 392-700-160 (1)(b)(ii). Therefore, these students will be required to attain a measure of academic progress or earn a credential within three months;

(D) For students enrolled in part-time reengagement program operated by an agency, it will take more than three months to report 3.0 student FTEs because standard student FTE for all students who meet the conditions of WAC 392-700-160 (1)(b)(iii) is less than 1.0; and

(E) The period that is used to calculate the 3.0 student FTEs is not limited to successive months. (For example, if a student was claimed as 1.0 FTE for January, February and April, but not in March, the student will not have to make a gain or earn a credential until the end of April.)

(c) In relation to school closures, during the standard school year:

(i) If planned days of instruction, as scheduled on the standard year calendar, are not provided, the agency may make up the scheduled days, as long as the replacement days occur during the nine months that comprise the standard school year;

(ii) At the end of the standard school year, prior to the final invoice, the agency will report to the district the actual total hours of instruction provided. The agency may not include more than six hours per instructional day in this calculation per WAC 392-700-155 (1)(d)(iii);

(iii) If the program was a full-time program and total hours of instruction provided is less than nine hundred hours of instruction, the amount of basic education apportionment funding received by the school district and agency will be adjusted retroactively on a proportional status and will be reflected on the final invoice;

(iv) If the program was a part-time program and total hours of instruction provided is less than the total planned hours of instruction, the amount of basic education apportionment funding received by the school district and agency will be adjusted retroactively on a proportional status and will be reflected on the final invoice; and

(v) These calculations take into account any reductions to the total planned hours of instruction that may have been made during the standard or nonstandard school year in the event of program closures consistent with the provisions of chapter 392-129 WAC.

(2) For reengagement programs operated by colleges, the school district and college will receive state basic education apportionment funding in accordance with the following:

(a) Reimbursement will be based on the student FTE reported each month;

(b) Student FTE will be reported as outlined in WAC 392-700-160(2); and

(c) If a student withdraws or is dropped from classes prior to a monthly count day, the student will not be counted as enrolled for that month and no student FTE will be reported for that month.

(3) For all reengagement programs, the following rules apply:

(a) School district will work with the agency or college to ensure that student FTE and related data is reported as required on the appropriate P223x form;

(b) The school district, agency, and college will ensure that no student FTE is reported nor reimbursement requested from OSPI for any student after the point they have been reported by any district for 1.0 annual FTE for the school year beginning in September;

(c) The agency or college may not report student FTEs for reengagement students who are concurrently enrolled in any other program for which basic education allocation funding is received, i.e., common high school, running start, alternative learning education, college in the high school, education clinic, or on-line learning; and

(d) The agency or college may not report student FTEs to the school district for reengagement students enrolled in course work that has been reported by a college for postsecondary student FTE.

(4) For all reengagement programs the monthly reimbursement rate per student FTE for reengagement programs will be determined as follows:

(a) The annual standard nonvocational and vocational reimbursement rates for all reengagement program FTEs will equal the statewide average annual nonvocational and vocational FTE rates as determined by OSPI; and

(b) The amount of reimbursement received per month will equal the annual standard nonvocational and vocational reimbursement rate divided by nine.

(5) For reengagement programs operated by a college or agency under contract or interlocal agreement with a school district:

(a) The school district will retain seven percent of the basic education FTE allocation received from OSPI for reported student FTEs; and

(b) The agency or college will receive ninety-three percent of the basic education FTE allocation received by the school district from OSPI for reported student FTEs.

(6) For reengagement programs directly operated by a school district and serving only students enrolled in that district: The district will assume all the responsibilities outlined in this chapter for both the district and the program and will retain one hundred percent of the basic education FTE allocation received from OSPI for reported student FTEs.

(7) For reengagement programs directly operated by a technical college receiving direct funding and authorized to directly enroll students and act as a district under WAC 392-121-187: The technical college will assume all the responsibilities outlined in this chapter for both the district and the program and will retain one hundred percent of the basic education FTE allocation received from OSPI for reported student FTEs.

(8) For reengagement programs operated as part of a consortium with a consortium lead agency (see WAC 392-700-225 (4)(e)):

(a) The school district will retain five percent of the basic education FTE allocation received from OSPI for reported student FTEs;

(b) The consortium lead will receive seven percent of the basic education FTE allocation received from OSPI for reported student FTEs; and

(c) The agency or college will receive eighty-eight percent of the basic education FTE allocation received by the district from OSPI for reported student FTEs.

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NEW SECTION
WAC 392-700-175   Required reports and recordkeeping.   (1) Agencies will submit a report of the actual and planned total hours of instruction for the standard school year with the last P223 report of the standard school year and colleges will submit a report of the actual and planned total days of instruction for the regular school year with the last P223 of the standard school year.

(2) Agencies will submit a report of the actual and planned total hours of instruction for the nonstandard school year with the last P223 report of the nonstandard school year and colleges will submit a report of the actual and planned total days of instruction for the nonstandard school year with the last P223 of the nonstandard school year.

(3) On a monthly basis, the agency or college will report the type of credentials earned by each enrolled student and by monthly and year-to-date total for the following:

(a) GED;

(b) High school diploma;

(c) College certificate received after completion of a program requiring at least forty hours of instruction;

(d) College degree; and

(e) Industry recognized certificate of completion of training or licensing received after completion of a program requiring at least forty hours of instruction.

(4) Each month the following measures of academic progress for each student will be reported on a monthly and year-to-date basis:

(a) Passes one or more GED tests (may only be claimed once in a year);

(b) Makes a significant gain in math and/or reading skills level as measured by a post-test using a commonly accepted standardized assessment (may be claimed multiple times in a year);

(c) Completes approved college readiness course work with documentation of competency attainment;

(d) Completes job search and job retention course work with documentation of competency attainment;

(e) Successfully completes a paid or unpaid work based learning experience of at least forty-five hours. This experience must meet all the requirements of WAC 392-410-315(2);

(f) Enrolls in postsecondary classes other than ABE/GED/ESL or continuing education courses;

(g) Transitions from ESL to ABE/GED classes;

(h) Transitions from ABE/GED classes to postsecondary developmental math and English classes (math or English classes at less than the 101 level);

(i) Transitions from postsecondary developmental math or English classes to the next level of postsecondary developmental math or English or from postsecondary developmental math or English classes to college level math and English classes (classes above at 101 or above); and

(j) Transitions from ABE/GED classes to college level classes at 101 or above (other than English or math).

(5) The agency or college will prepare and submit an annual performance report with, at a minimum, statistics related to the following standard reengagement system performance goals.

(a) Total enrolled students;

(b) Total annual FTE: The sum of all the enrolled students' annual FTE;

(c) Average annual FTE: The total annual student FTEs by the total enrolled students;

(d) Total measures of academic progress made and measures of academic progress made per annual student FTE: Total measures of academic progress divided by the total annual student FTE;

(e) Total high school credits earned and high school credits per annual student FTE;

(f) Total credentials earned and credentials earned per annual student FTE: Total high school credits divided by the total annual student FTE; and

(g) Total college credits earned and college credits earned per annual student FTE: Total college credits divided by the total annual student FTE.

(6) The program's annual performance report for the standard school year will be provided by the agency or college to the school district by no later than July 1st.

(7) The program's annual performance report, which will include outcomes from both the standard school year and the nonstandard school year and total annual school year will be provided by the agency or college to the school district by no later than September 1st.

(8) The school district will provide the program's annual performance report to the OSPI administrator responsible for implementation of the reengagement system by no later than September 30th.

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NEW SECTION
WAC 392-700-195   Longitudinal performance goals.   (1) Longitudinal performance data for the reengagement program and the statewide reengagement system as a whole will be reported through the Washington's P-20 (preschool to postsecondary and workforce) longitudinal data system maintained by the ERDC.

(2) The school district will work with the agency or college to collect and report student data requested by the ERDC in order to accomplish the longitudinal follow-up of reengagement students. Specifically, the following unique identifier data points will be collected, to the extent possible, by the program, reported by the agency, and verified by the school district, for each enrolled reengagement student:

(a) Full legal name;

(b) Birth date;

(c) State student identifier (SSID);

(d) Social Security number; and

(e) College student identification number (SID), if applicable.

(3) While reengagement students will be encouraged to provide the data needed for longitudinal follow-up, the program will ensure that a student's unwillingness or inability to provide the requested data will not be a barrier to enrollment.

(4) Appropriate school district and/or agency, college, or consortium lead staff will participate in ERDC or OSPI training related longitudinal follow-up and a specific school district staff or school district designated program staff will be responsible for ensuring that accurate and complete student identifier data points are entered into the school district's student information system in accordance with this training.

(5) At the end of each program year, the ERDC will identify the cohort of students for each reengagement program for whom longitudinal tracking will be done. A standard criteria to determine when students will be included in a longitudinal study cohort will be developed by the ERDC, with input from OSPI, district and program representatives and will apply to all reengagement programs.

(6) The ERDC will collect longitudinal data for each specific program cohort on an annual basis for five years. The ERDC will work with the OSPI administrator responsible for reengagement programs to prepare annual program specific reports for each cohort and an annual system-wide report for the entire reengagement system including data for the cohorts of all programs.

(7) The ERDC and OSPI will work with the school district so that the school district and the agency or college will have the opportunity to review data about the program prior to the release of the annual reports in December of each year. The ERDC and OSPI will develop procedures by which the school district or agency can provide supplemental information and backup documentation for review and inclusion as it relates to postsecondary or workforce engagement of specific students in the cohort.

(8) In relation to postsecondary engagement, the ERDC will collect the following longitudinal data for students included in each program's follow-up cohort:

(a) Total number of annual FTEs originally reported by the program during targeted school year for which follow-up data is being collected;

(b) Quarters of enrollment in postsecondary programming or other advanced training during the follow-up year and since the targeted school year ended;

(c) Enrolled credits per quarter during the follow-up year and total enrolled credits since the targeted school year ended;

(d) Earned credits per quarter during the follow-up year and total earned credits since the targeted school year ended; and

(e) Credentials earned during the follow-up year and total credentials earned since the targeted school year.

(9) In relation to labor market engagement, the ERDC will collect the following longitudinal data for students included in each program's follow-up cohort:

(a) Total number of annual FTEs originally reported by the program during targeted school year for which follow-up data is being collected;

(b) Number of quarters with employment during the follow-up year and since the targeted school year ended;

(c) Average hours worked per week for any employment reported during the follow-up year and since the targeted school year ended;

(d) Average pay per hour for any employment reported during the follow-up year and since the targeted school year ended; and

(e) Total earnings during the follow-up year and since the targeted school year ended.

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NEW SECTION
WAC 392-700-200   Other agreements.   Students enrolled in the program shall bear responsibility for their own transportation to and from the agency or college.

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NEW SECTION
WAC 392-700-225   Operating agreements and OSPI approval.   (1) All reengagement programs must be approved by OSPI and assigned a reengagement program code to be used in each district's student information system and CEDARS to identify all students enrolled in the program.

(2) Approval for each program will be determined as follows:

(a) If the school district is entering a contract or interlocal agreement with an agency or college to operate a program, OSPI will review the contract or interlocal agreement that the school district has developed with the agency or college.

(b) If a school district is directly operating a program and not entering into a contract or interlocal agreement with another entity, OSPI will review a letter of intent signed by the school district superintendent that outlines the required specific elements that will be included in the program.

(c) If a technical college receiving direct funding under WAC 392-121-187 is directly operating a program, OSPI will review a letter of intent signed by the technical college president that outlines the required specific elements that will be included in the program and will review the interlocal agreement that was signed by the technical college and the referring districts as a requirement under WAC 392-121-187.

(d) If a reengagement program is being provided through a consortium, OSPI will review the consortium agreement signed by the consortium lead and the participating school districts and each contract or interlocal agreement developed by the lead agency with an agency or college.

(3) OSPI will provide a model interlocal agreement, a model contract, a model letter of intent, and a model consortium agreement and will indicate which elements of these standard documents must be included in any document being submitted to OSPI for review and approval.

(4) Because school districts, agencies, and colleges are encouraged to work together to design programs and collaborations that will best serve youth, many models of operation are authorized as part of the statewide dropout reengagement system:

(a) A school district may enter into an interlocal agreement with a college to provide a dropout reengagement program for eligible students. The agreement will define whether the program will only serve students who are residents of the school district or whether the program will also serve students who are not residents of the school district but who petition for release from their resident district, under RCW 28A.225.220 through 28A.225.230, in order to attend the program.

(b) A school district may enter into a contract with an agency to provide a dropout reengagement program for eligible students. The contract will define whether the program will only serve students who are residents of the school district or whether the program will also serve students who are not residents of the school district but who petition for release from their resident district, under RCW 28A.225.220 through 28A.225.230, in order to attend the program.

(c) A school district may directly operate a dropout reengagement program for eligible students enrolled in the district. The letter of intent will define whether the program will only serve students who are residents of the school district or whether the program will also serve students who are not residents of the school district but who petition for release from their resident district, under RCW 28A.225.220 through 28A.225.230, in order to attend the program.

(d) A technical college receiving direct funding and authorized to directly enroll students and act as a district under WAC 392-121-187 may directly operate a reengagement program and serve students referred from multiple districts. The technical college will assume all the responsibilities of the district and the reengagement program as described in this chapter and will meet all responsibilities outlined in WAC 392-121-187.

(e) A school district may work with other school districts, with regional partner agencies, with colleges in or near the district to form a consortium. The purpose of the consortium will be to create and operate a reengagement program or reengagement programs that will serve students enrolled in multiple school districts and reduce the administrative burden on school districts. If such a regional reengagement consortium is implemented, a consortium lead agency will be identified and assume the following responsibilities:

(i) Take the lead in organizing and managing the regional consortium;

(ii) Provide information and technical assistance to districts interested in participating in the consortium and providing the opportunity for students from their district to enroll;

(iii) Develop a consortium agreement that is signed by all member school districts;

(iv) Develop interlocal agreements and contracts with agencies and colleges to operate reengagement programs;

(v) Submit the consortium agreement and interlocal agreement(s) and contract(s) to OSPI for approval;

(vi) Provide oversight and technical assistance to programs to ensure compliance with all requirements of this chapter and the delivery of quality programming;

(vii) Assist programs with the preparation of required reports, enrollment data, and course records needed by each school district to enroll students, award credit and report FTE and performance to OSPI;

(viii) Facilitate data entry of all required student data into each district's statewide student information system related to enrollment; and

(ix) Work with the school districts to facilitate the provision of special education and accommodations under Section 504 of the Rehabilitation Act of 1973.

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Washington State Code Reviser's Office