Date of Adoption: March 25, 1999.

Purpose: To adopt rules revisions to the contracting provisions of WAC 392-121-188 implementing section 6, chapter 265, Laws of 1997, which is codified as RCW 28A.150.305. The purpose is to provide school districts with more options for serving at-risk students through alternative providers.

Citation of Existing Rules Affected by this Order: Amending WAC 392-121-188, 392-121-107, 392-121-201, 392-121-206, 392-121-210, and 392-121-182.

Statutory Authority for Adoption: Section 6, chapter 265, Laws of 1997, RCW 28A.150.290.

Adopted under notice filed as WSR 98-24-118 on December 16 [2], 1998.

Changes Other than Editing from Proposed to Adopted Version: Revisions made to clarify that interdistrict cooperative agreements are not covered by WAC 392-121-188, and to further clarify standard for contracting out academically at-risk programs.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 6, Repealed 3.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

March 25, 1999

Dr. Terry Bergeson

Superintendent of

Public Instruction

OTS-2810.1

AMENDATORY SECTION(Amending WSR 95-18-097, filed 9/6/95, effective 10/7/95)

WAC 392-121-182
Alternative learning experience requirements.

An alternative learning experience may be counted as a course of study.  An alternative learning experience is an individualized course of study for a student who is not home-based pursuant to RCW 28A.225.010(4), a private school student pursuant to RCW 28A.225.010 (1)(a), or an adult education student.  The alternative learning experience is provided in accordance with a written alternative learning experience plan that is implemented pursuant to the school district board's policy for alternative learning experiences.  The school district board policy must have been adopted in a public meeting.  The alternative learning experience ((is provided by the school district and)) may be conducted in part outside of the regular classroom.  A portion of the alternative learning experience may be provided by the student's parent(s) or guardian under supervision by ((the)) school ((district)) staff.  ((Such)) As used in this section "school staff" means staff of the school district or a contractor pursuant to WAC 392-121-188. Alternative learning experience may be counted as a course of study pursuant to WAC 392-121-107 if the following requirements are met:

(1) School district board policies for alternative learning experiences -- Effective January 1, 1996, each school district claiming basic education funding for alternative learning experiences shall have written policies on file that:

(a) Require a written plan for each student participating in an alternative learning experience that meets the minimum criteria pursuant to subsection (2) of this section;

(b) Require that all alternative learning experience curriculum and course requirements be approved by the school district;

(c) Describe how student performance will be supervised, evaluated, and recorded by school ((district)) staff;

(d) Require that each student's educational progress will be reviewed at least once during the first twenty school days and afterwards at least once every forty-five school days and that the results of each evaluation shall be communicated to the student and if the student is in grades K-8, the student's parent or guardian.  If the school ((district)) staff determines that a student is not substantially successful in completing the learning activities described in the written alternative learning experience plan, a revised written plan may be implemented.  Any revised written plan shall be designed to enable the student to be substantially successful in completing the learning activities described in the revised written plan within ninety school days from the date that the ((district)) school staff first determines that the student is not substantially successful in completing the assigned learning activities included in the original written plan.  If the school ((district)) staff determines that the student is still not substantially successful in completing their assigned learning activities after ninety school days from the date that the district first determines that the student is not substantially successful in completing the learning activities included in the original written plan, or sooner at the discretion of the school ((district)) staff, a plan to remove the student from the alternative program shall be devised.  Such plan shall specify that the student shall be removed from the alternative program no later than the end of the current school year for a period of at least one school term.  Students removed from the alternative program shall be offered the opportunity to enroll in another course of study as defined in WAC 392-121-107;

(e) A requirement that the alternative learning experience plan for each student and all records of enrollment, attendance, and total hours of participation in educational activities for the student are maintained and available for audit in the appropriate school building; and

(f) At the discretion of the school district board, the policy may describe responsibilities of the student's parent(s) or guardian including, but not limited to:

(i) Approval of the written alternative learning experience plan;

(ii) Responsibility for the parent(s) or guardian to provide or supervise a portion of the student's alternative learning experience if the parent(s) or guardian agrees; and

(iii) Requirements to meet with ((district)) school staff for purposes of evaluating the student's performance and/or receiving instructions on assisting with the student's alternative learning experience.  The school district board may also prescribe requirements for appointing a person to provide or supervise a portion of the student's alternative learning experience in the event the student's parent(s) or guardian will not or can not be a participant in the student's alternative learning experience;

(2) A written alternative learning experience plan is developed -- Effective January 1, 1996, the alternative learning experience plan for a student shall be a written plan of instruction designed to meet the individual needs of the student, and shall be approved by a school ((district)) official and any other person(s) as required or allowed by school district policy.  The written plan shall include, but not be limited to, the following elements:

(a) A schedule of the duration of the program, including beginning and ending dates;

(b) A description of the learning activities the student is expected to successfully complete.  Such description shall be sufficient in detail to guide and advise the student of the expectations;

(c) A description of the teaching component(s) of the program, including where and when teaching activities will be conducted by school ((district)) staff;

(d) A description of the responsibilities of the student including a requirement that if, on average, the student attends school less than five hours a week, the student shall meet one-on-one with qualified ((district)) school staff for an average minimum of sixty minutes every five school days for instruction, review of the student's assignments, testing, and/or other learning activities.  If more than one student meets with a qualified ((district)) school staff member at one time, the required time is increased proportionately, for example, the requirement becomes one hundred twenty minutes if two 1.0 full-time equivalent students meet with the staff member at one time; and

(e) A reasonably accurate estimate of the average number of hours per month that the student will be engaged in learning activities to meet the requirements of the alternative learning experience plan.  This estimate may be used in reporting enrollment in compliance with subsection (3) of this section and must be based upon the criteria in subsection (3)(a)(i) of this section;

(3) Reporting enrollment -- Effective beginning with the 1995-96 school year the full-time equivalency of students enrolled in alternative learning experiences shall be determined based upon both (a) and (b) of this subsection as follows:

(a) Using the definition of a full-time equivalent student in WAC 392-121-122 and the number of hours that each student engages in learning activities as determined by either (a)(i) or (ii) of this subsection as follows:

(i) The total number of hours that the student engages in learning activities pursuant to the written alternative learning experience plan including:

(A) Those hours that meet the criteria in WAC 392-121-107 (1)(a);

(B) Those hours of work based learning calculated in accordance with WAC 392-121-107 (1)(f);

(C) Those hours of learning activity other than those specified in (a)(i)(A), (B) and (D) of this subsection that are provided by the student's parent(s) or guardian, or other person as designated by the written plan, under the direct supervision of the ((district's)) school's qualified instructional staff; and

(D) Those hours that the student participates in learning activities other than those specified in (a)(i)(A), (B) and (C) of this subsection.  Such learning activity shall be pursuant to the student's alternative learning experience plan and if the student is in grades K-8, only includes those hours the student is supervised by the student's parent(s) or guardian or other person designated by the written alternative learning experience plan;

(ii) The district may use the estimated average hours per month the student is engaged in learning activities as stated in the alternative learning experience plan which meet the requirements of (a)(i) of this subsection: Provided, That for any count date on which the student has averaged, for the immediate two prior months during the current school year, a number of hours engaged in learning activities that differ by more than five hours a week from the alternative learning experience plan estimate pursuant to subsection (2)(e) of this section, ((the district shall adjust)) the full-time equivalency of the student for such count date shall be adjusted to the lesser of 1.0 or the full-time equivalency calculated using the two-month average;

(b) The ((district)) enrollment count shall exclude students meeting the definition of enrollment exclusions in WAC 392-121-108 or students who have not met with appropriate ((district)) school staff for twenty consecutive school days.  Any such student shall not be counted as an enrolled student until the student has met with appropriate ((district)) school staff and resumed participation in their alternative learning experience or participated in another course of study as defined in WAC 392-121-107;

(4) Documentation required -- Effective with the 1995-96 school year the district shall keep on file in the appropriate school building and have available for audit, documentation of all hours of learning activities used to determine the student's full-time equivalency including documentation of the following:

(a) For students in grades K-8, written statements from the student's parent(s) or guardian or other person as designated by the written alternative learning experience plan.  Such statements shall be submitted to the district on a monthly basis or more often at the discretion of the district and shall list those hours that the student has engaged in planned learning activities while not in the presence of ((district)) school staff.  Reported hours shall be used to determine the full-time equivalency of the student pursuant to subsection (3) of this section; and

(b) For students in grades 9-12, the student shall submit ((to the district)) written statements on a monthly basis or more often at the discretion of the ((district)) school staff.  Such statements shall list those hours that the student has engaged in planned learning activities while not in the presence of ((district)) school staff.  Reported hours shall be used to determine the full-time equivalency of the student pursuant to subsection (3) of this section;

(5) Effective with the 1995-96 school year the school district shall either:

(a) Maintain a ratio of full-time equivalent certificated instructional staff serving the annual average full-time equivalent students reported for basic education funding pursuant to this section which is at least equal to the district's basic education funding ratio for the grade band of the students being reported for basic education funding pursuant to this section; or

(b) Separately account for, document, and have available for audit, evidence that the district expends during the school year at least seventy percent of the basic education entitlement claimed for students enrolled in alternative learning experiences during the school year.  Such expenditures shall be direct expenditures in the following programs as defined in the Accounting Manual for Public School Districts in Washington State for the school year:

(i) Program 01, Basic Education; and/or

(ii) Program 31, Vocational, Basic, State; and/or

(iii) Program 45, Skills Center, Basic, State.

[Statutory Authority: RCW 28A.150.290.  95-18-097, § 392-121-182, filed 9/6/95, effective 10/7/95; 95-01-013, § 392-121-182, 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), § 392-121-182, filed 1/2/91, effective 2/2/91.  Statutory Authority: RCW 28A.41.055 and 28A.41.170.  88-03-013 (Order 88-8), § 392-121-182, filed 1/11/88.]

OTS-2669.4

AMENDATORY SECTION(Amending Order 97-06, filed 10/27/97, effective 11/27/97)

WAC 392-121-107
Definition--Course of study.

As used in this chapter, "course of study" means those activities for which students enrolled pursuant to chapters 180-16, 180-50, 180-51, 392-169 and 392-134 WAC may be counted as enrolled students for the purpose of full-time equivalent student enrollment counts.

(1) Course of study includes:

(a) Instruction - teaching/learning experiences conducted by ((the)) school district staff as directed by the administration and the board of directors of the school district, inclusive of intermissions for class changes, recess and teacher/parent-guardian conferences that are planned and scheduled by the district for the purpose of discussing students' educational needs or progress, and exclusive of time for meals.

(b) Alternative learning experience - alternative learning experience ((conducted)) provided by the school district in conformance with WAC 392-121-182.

(c) ((Contracting - with a higher education institution in conformance with WAC 392-121-183.)) Instruction provided by a contractor - instruction provided by a contractor in conformance with WAC 392-121-188.

(d) National guard - participation in a national guard high school career training program for which credit is being given toward either required or elective high school credits pursuant to RCW 28A.305.170 and WAC 180-50-320.  Such participation may be counted as a course of study only by the school district which the individual last attended.

(e) Ancillary service - any cocurricular service or activity, any health care service or activity, and any other services or activities, for or in which enrolled students are served by appropriate school district staff.  The term shall include, but not be limited to, counseling, psychological services, testing, remedial instruction, speech and hearing therapy, health care services, and if such service is provided by the district, certificated contact time pursuant to RCW 28A.225.010 (4)(a) with students who are in a home-based instruction program.  The term shall exclude all extracurricular activities and all other courses of study defined in this section.  In conformance with WAC 392-134-025, school districts report the actual number of student contact hours of ancillary service for part-time, private school, and home-based students to the superintendent of public instruction.

(f) Work based learning - training provided pursuant to WAC 180-50-315 and reported as provided in WAC 392-121-124.  ((One hour per scheduled school day may be counted for not less than four hundred five hours of scheduled work experience.))

(g) Running start - attendance at an institution of higher education pursuant to RCW 28A.600.300 through 28A.600.400, chapter 392-169 WAC.

(h) Transition school - participation in the University of Washington's transition school and early entrance program pursuant to RCW 28A.185.040, and chapter 392-120 WAC.  Such participation shall be reported by the University of Washington and shall not be reported by a school district.

(i) Technical college direct funding - enrollment at a technical college pursuant to RCW 28A.150.275 and WAC 392-121-187.  Such participation shall be reported by the technical college and shall not be reported by a school district unless the technical college and the school district agree to have the school district report such enrollment.

(((j) Contracting - with an agency pursuant to WAC 392-121-188.

(k) Contracting - with a public or nonpublic school agency for students with a disability in accordance with WAC 392-172-222.))

(2) Course of study does not include:

(a) Home-based instruction pursuant to RCW 28A.225.010(4): Education programs provided by a parent which do not meet the requirements of WAC 392-121-182 cannot be claimed for state funding;

(b) Private school instruction pursuant to chapter 28A.195 RCW;

(c) Adult education as defined in RCW 28B.50.030(12);

(d) Instruction provided to students who do not reside in Washington state (RCW 28A.225.260);

(e) Enrollment in state institutions, i.e., state operated group homes, county juvenile detention centers, state institutions for juvenile delinquents, and state residential habilitation centers;

(f) Instruction preparing a student for the general education development (GED) test if such instruction generates state or federal moneys for adult education;

(g) Enrollment in education centers except as provided under contract with a school district pursuant to RCW 28A.150.305 and WAC 392-121-188;

(h) Enrollment in the Washington state school for the deaf and the Washington state school for the blind;

(i) Extracurricular activities including but not limited to before and after school activities such as classes, sports and other activities offered outside the regular curriculum or for which credit is not earned; or

(j) Attendance at universities, colleges, community colleges, or technical colleges of students not earning high school credit.

[Statutory Authority: RCW 28A.150.290.  97-22-013 (Order 97-06), § 392-121-107, filed 10/27/97, effective 11/27/97; 95-18-097, § 392-121-107, filed 9/6/95, effective 10/7/95; 95-01-013, § 392-121-107, filed 12/8/94, effective 1/8/95.  Statutory Authority: 1990 c 33.  90-16-002 (Order 18), § 392-121-107, filed 7/19/90, effective 8/19/90.  Statutory Authority: RCW 28A.41.055 and 28A.41.170.  88-03-013 (Order 88-8), § 392-121-107, filed 1/11/88.]

((Contracting with an agency)) School districts have general authority to contract for the services of individuals to provide instruction, subject to applicable state and federal laws and local collective bargaining agreements. School districts also have authority to enter into interdistrict cooperative agreements for instructional services with other school districts under RCW 28A.225.250. However, when a school district contracts with an entity other than a school district and that entity employs staff to provide basic education instruction claimed by the school district for state basic education funding, the requirements of this section also apply. Instruction provided by such an entity (hereafter called the contractor) may be counted as a course of study ((pursuant to WAC 392-121-107 if)) and claimed by the school district for state funding if the following requirements are met:

(1) ((Effective with the 1995-96 school year)) The school district board of directors in accordance with RCW 28A.320.015 adopts a resolution that concludes it is in the best interest of the students to expand the options available ((to)) by providing an appropriate basic education program ((for those students that are to be educated)) pursuant to the contract and sets forth the rationale in support of the conclusion;

(2) The school district retains full responsibility for compliance with all state and federal laws;

(3) The ((agency)) contractor complies with all relevant state and federal laws that are applicable to the school district;

(4) The contractor provides instruction free of sectarian or religious influence or control.

(5) The ((agency)) contractor serves the students at no cost to the student for tuition and fees and enrollment is voluntary and no student or person is unlawfully excluded from participation on the grounds of race, creed, color, national origin, sex, marital status, or presence of any sensory, mental, or physical handicap;

(((5))) (6) Each student is enrolled in the school district reporting the enrollment and each high school student is working toward course credits which satisfy high school graduation requirements;

(((6) There is a requirement that)) (7) If the contractor is a state higher education institution, a state funded education center, or any other state funded entity, the contractor is not claiming enrollment of the student or receiving direct state support for the contracted instruction reported pursuant to this section.

(8) The curriculum ((for the student shall be)) is approved by the district;

(((7))) (9) The ((agency)) contractor provides enrollment reports to the school district that comply with ((the definition of a full-time equivalent student in WAC 392-121-122, work based learning in WAC 392-121-107 (1)(f), limitations on enrollment counts in WAC 392-121-136, and enrollment exclusions in WAC 392-121-108)) this chapter;

(((8))) (10) The ((agency)) contractor maintains and has available for audit or review by the school district, state, or federal authorities documentation of enrollment, hours of instructional activity participated in by the students, personnel data, and financial data including all revenues and expenditures pertaining to the contract with the school district;

(((9) If an agency)) (11) If a contractor other than an institution of higher education at any time during the school year serves more than twenty-five students which equals more than one quarter of one percent (.0025) of the district's annual average full-time equivalent enrollment claimed for basic education funding the school district reports the certificated instructional employees of the ((agency)) contractor funded with any state moneys or federal moneys that flow through the school district as required by the SPI annual personnel reporting system for calculation of state funding, staff ratios and statistics;

(((10) Effective with the 1995-96 school year)) (12) If the contract is with an entity other than an institution of higher education, for the students served pursuant to the contract, the ((agency)) contractor maintains a ratio of full-time equivalent certificated instructional staff serving the annual average full-time equivalent students reported for basic education funding pursuant to this section which is at least equal to the district's basic education funding ratio for the grade level of the students being reported for basic education funding pursuant to this section;

(((11))) (13) The school district and ((agency)) contractor execute a written contract which is consistent with this section, and which sets forth the duties of the ((agency)) contractor in detail sufficient to hold the ((agency)) contractor accountable to the school district; ((and

(12))) (14) The school district and ((agency)) contractor establish a process for periodic on-site monitoring by the school district for compliance with this section and other terms of the contract between the school district and ((agency)) contractor;

(15) Contracts for services for students with disabilities shall comply with WAC 392-172-220 and 392-172-222;

(16) Full-time equivalent enrollment reported for students served under a contract with a higher education institution shall be based on the number of hours of instruction meeting the criteria in WAC 392-121-107 (1)(a) provided by staff of the higher education institution under the contract. This section does not apply to running start enrollment, which is governed by chapter 392-169 WAC; and

(17) When a school district contracts for an alternative learning experience program and the contractor exercises primary responsibility for the student's written learning plan, the program shall be for academically at-risk students and shall comply with RCW 28A.150.305. Enrollment in these programs shall be reported pursuant to WAC 392-121-182.

[Statutory Authority: RCW 28A.150.290.  95-18-097, § 392-121-188, filed 9/6/95, effective 10/7/95; 95-01-013, § 392-121-188, filed 12/8/94, effective 1/8/95.]

As used in this chapter, "((agency)) contractor certificated employee" means a person who holds a professional education certificate issued by the superintendent of public instruction and who is employed by ((an agency)) a contractor as defined in WAC 392-121-188 in a position for which such certificate is required.

[Statutory Authority: RCW 28A.150.290.  95-21-096 (Order 95-09), § 392-121-201, filed 10/18/95, effective 11/18/95.]

As used in this chapter, "((agency)) contractor certificated instructional employee" means ((any agency)) a contractor certificated employee ((where)) who:

(1) ((The agency)) Is employed by a contractor, pursuant to WAC 392-121-288, to serve((s more than twenty-five students which equals more than one-quarter of one percent (.0025) of the district's annual average full-time equivalent enrollment)) students claimed for basic education funding by a school district; and

(2) ((The employee provides services to such students solely)) Is employed as one or both of the following:

(a) An elementary, secondary or other teacher who instructs pupils in classes or courses; or

(b) An educational staff associate who assists, evaluates, counsels, or instructs students in a manner consistent with the employee's educational staff associate certificate.

[Statutory Authority: RCW 28A.150.290.  95-21-096 (Order 95-09), § 392-121-206, filed 10/18/95, effective 11/18/95.]

As used in this chapter, "basic education certificated instructional employee" means a district certificated instructional employee or ((an agency)) a contractor certificated instructional employee assigned in whole or in part to the following programs as defined in the accounting manual for public school districts in the state of Washington:

(1) Basic education, program 01;

(2) Vocational, basic, state, program 31;

(3) Skills center, basic, state, program 45;

(4) Instruction support, program 94; and

(5) District-wide support, program 97.

[Statutory Authority: RCW 28A.150.290.  95-21-096 (Order 95-09), § 392-121-210, filed 10/18/95, effective 11/18/95; 92-23-044 (Order 92-15), § 392-121-210, filed 11/16/92, effective 12/17/92.  Statutory Authority: RCW 28A.41.055 and 28A.41.170.  88-03-013 (Order 88-8), § 392-121-210, filed 1/11/88.]

     The following sections of the Washington Administrative Code are repealed:

WAC 392-121-10603	Definition--Higher education institution.
WAC 392-121-10604	Definition--Agency.
WAC 392-121-183	Contracting with a higher education institution.

© Washington State Code Reviser's Office