WSR 16-18-031 PERMANENT RULES SUPERINTENDENT OF PUBLIC INSTRUCTION [Filed August 26, 2016, 12:25 p.m., effective September 1, 2016] Effective Date of Rule: September 1, 2016.
Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Under RCW 34.05.380(3), this rule may become effective immediately upon filing with the code reviser. Office of superintendent of public instruction finds that an immediate effective date is required by statute, as the revised rules are necessary to align WAC 392-121-108 with changes to student discipline laws under 4SHB 1541. In addition, failing to have the permanent rules in place by September 1, 2016, the start of the 2016-17 school year, will peril the welfare of public school students who are entitled to these legal protections under 4SHB 1541 regarding the administration of student discipline and provision of educational services.
Purpose: The purpose of this order is to update WAC 392-121-108 to address changes required with the passage of 4SHB 1541, which requires school districts to provide educational services for students who have been long-term suspended or expelled. Formerly, the WAC prohibited districts and charter schools from claiming state funding for a student who has been expelled or long-term suspended when the conditions of the suspension will cause the student to lose academic grades or credit. With these changes, a student who has been expelled or long-term suspended can be claimed for state funding when the district has provided educational services to the student during the expulsion or suspension.
Citation of Existing Rules Affected by this Order: Amending WAC 392-121-108.
Statutory Authority for Adoption: RCW 28A.150.290.
Adopted under notice filed as WSR 16-14-107 on July 6, 2016.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: August 15, 2016.
Randy Dorn
Superintendent of
Public Instruction
AMENDATORY SECTION (Amending WSR 15-18-078, filed 8/28/15, effective 9/28/15)
WAC 392-121-108 Definition—Enrollment exclusions.
A person who qualifies for any of the exclusions set forth in this section shall not be counted as an enrolled student pursuant to WAC 392-121-106.
(1) Absences - Except as provided in (a) and (b) of this subsection, a student whose consecutive days of absence from school exceed twenty school days, or a part-time student that has not attended school at least once within a time period consisting of twenty consecutive school days, shall not be counted as an enrolled student until attendance is resumed. School days are defined as the regularly scheduled instructional days for the general population of the school or district the student is enrolled in, regardless of the student's individualized schedule.
(a) If there is a written agreement between the appropriate school official and a student's parent or guardian pursuant to RCW 28A.225.010 that the student's temporary absence is not deemed to cause a serious adverse effect upon the student's educational progress, the absent student may be counted as an enrolled student for up to two monthly enrollment count dates as specified in WAC 392-121-122.
(b) A student receiving home and/or hospital service pursuant to WAC 392-172A-02100 shall be counted as an enrolled student as provided in WAC 392-122-145.
(2) Dropouts - A student for whom the school district or charter school has received notification of dropping out of school by the student or the student's parent or guardian shall not be counted as an enrolled student until attendance is resumed.
(3) Transfers - A student who has transferred to another public or private school and for whom the school district or charter school has received notification of transfer from the school to which the student has transferred, from the student, or from the student's parent or guardian shall not be counted as an enrolled student unless the student reenrolls in the school district or charter school.
(4) ((Suspensions - A student who has been suspended from school pursuant to WAC 392-400-260 or in accordance with a charter school's student discipline policy, when the conditions of the suspension will cause the student to lose academic grades or credit, shall not be counted as an enrolled student until attendance is resumed.
(5) Expulsions - A student who has been expelled from all school subjects or classes by the school district pursuant to WAC 392-400-275 or 392-400-295 or in accordance with a charter school's student discipline policy shall not be counted as an enrolled student until such time as enrollment in a district program has resumed; a student who has been partially expelled, such as from a single school subject or class, by the school district or charter school pursuant to WAC 392-400-275 or 392-400-295 or in accordance with a charter school's student discipline policy may be considered a part-time enrolled student.
(6))) Graduates - A student who has met the high school graduation requirements of chapter 180-51 WAC by the beginning of the school year.
(((7))) (5) Tuition - A student paying tuition including, but not limited to, students on an F-1 visa or students enrolled in a tuition-based summer school program.
(((8))) (6) An institution student who is claimed as a 1.0 FTE by any institution as an enrolled student eligible for state institutional education support pursuant to chapter 392-122 WAC where the institution's count date occurs prior to the school district count date for the month. Where the count dates occur on the same date, the institution shall have priority for counting the student.
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