WSR 12-20-016

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed September 24, 2012, 10:56 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 12-14-003.

Title of Rule and Other Identifying Information: WAC 392-169-060 Running start enrollment -- Exception from tuition and fee and 392-169-115 Running start finance -- Limitations on enrollment counts.

Hearing Location(s): Office of the Superintendent of Public Instruction (OSPI), Old Capitol Building, Wanamaker Conference Room, 600 South Washington, Olympia, WA, on November 7, 2012, at 10:00 a.m.

Date of Intended Adoption: November 7, 2012.

Submit Written Comments to: Becky McLean, Old Capitol Building, P.O. Box 47200, Olympia, WA 98504-7200, e-mail becky.mclean@k12.wa.us, fax (360) 664-3631, by November 6, 2012.

Assistance for Persons with Disabilities: Contact Wanda Griffin by November 1, 20121 [2012], TTY (360) 664-3631 or (360) 725-6132.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: WAC 392-169-060 and 392-169-115 require updating to address the 1.20 FTE limitation for running start and the provision for colleges to charge tuition when the 1.20 FTE is exceeded.

Reasons Supporting Proposal: After the passage of the 2011-2013 operating budget which limited the enrollment available to running start students, these WACs require modification to address this limitation.

These WAC changes were adopted through the CR-103E emergency rule process which was filed on June 21, 2012.

Statutory Authority for Adoption: RCW 28A.150.305.

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

Name of Proponent: OSPI, governmental.

Name of Agency Personnel Responsible for Drafting: Becky McLean, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6306; Implementation: T. J. Kelly, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6181; and Enforcement: JoLynn Berge, Old Capitol Building, 600 South Washington, Olympia, WA, (360) 725-6301.

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

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

September 24, 2012

Randy Dorn

State Superintendent

OTS-4866.1


AMENDATORY SECTION(Amending Order 95-02, filed 4/14/95, effective 5/15/95)

WAC 392-169-060   Enrollment -- Exception from tuition and fees.   A running start student shall not be required by an institution of higher education to pay any tuition or other fee as a condition to the student's full participation in running start college or university course work and related activities, or as a condition to the award of credit therefor: Provided, That requiring a running start student to provide and pay for consumable supplies, textbooks, and other materials to be retained by the student does not constitute the assessment of tuition or a fee for purposes of this section: Provided further, That this limitation on the assessment of tuition and fees does not apply to a student's college and university enrollment ((above and)) beyond ((running start program enrollment limitations under this chapter (i.e., college and university enrollment in excess of one FTE and college and university summer enrollment may be conditioned upon the payment of regular tuition and fees))) the limitations which may be claimed for state basic education funding under running start in accordance with WAC 392-121-136.

[Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. 95-09-042 (Order 95-02), 392-169-060, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. 94-04-095 (Order 94-01), 392-169-060, filed 2/1/94, effective 3/4/94.]


AMENDATORY SECTION(Amending Order 95-02, filed 4/14/95, effective 5/15/95)

WAC 392-169-115   Finance -- Limitations on enrollment counts.   No running start student enrolled in one or more institutions of higher education reported under WAC 392-169-105 and 392-169-110 shall exceed one full-time equivalent running start student on any enrollment count date except for the month of January or more than one annual average full-time equivalent student in any school year. An exception is allowed for January when the change in high school semesters may result in students exceeding the FTE limitation until the high school begins a new term.

[Statutory Authority: RCW 28A.300.390, 28A.150.260 and 28A.150.290. 95-09-042 (Order 95-02), 392-169-115, filed 4/14/95, effective 5/15/95. Statutory Authority: RCW 28A.600.390, 28A.150.260 and [28A.150.]290. 94-04-095 (Order 94-01), 392-169-115, filed 2/1/94, effective 3/4/94.]