WSR 05-13-096

PROPOSED RULES

SUPERINTENDENT OF

PUBLIC INSTRUCTION

[ Filed June 16, 2005, 8:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-10-048.

Title of Rule and Other Identifying Information: Definition -- Enrollment exclusions, WAC 392-121-108.

Hearing Location(s): Old Capitol Building, 600 South Washington, Olympia, WA 98504-7200, on July 26, 2005, at 9:00 a.m.

Date of Intended Adoption: August 23, 2005.

Submit Written Comments to: Rules Coordinator, Legal Services, Office of Superintendent of Public Instruction, P.O. Box 47200, Olympia, WA 98504-7200, e-mail cbrodie@ospi.wednet.edu, fax (360) 753-4201, by July 25, 2005.

Assistance for Persons with Disabilities: Contact Sheila Emery by July 20, 2005, TTY (360) 664-3631 or (360) 725-6271.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise current rules to include the emergency expulsion WAC reference in the expulsion exclusion in subsection (5) and clarify that the agreement in the absence exception in subsection (1)(a) needs to be written.

Statutory Authority for Adoption: RCW 28A.150.290.

Statute Being Implemented: Chapter 28A.150 RCW.

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

Name of Proponent: Office of Superintendent of Public Instruction, governmental.

Name of Agency Personnel Responsible for Drafting: Kim Thompson, Office of Superintendent of Public Instruction, (360) 725-6300; Implementation: Calvin W. Brodie, Office of Superintendent of Public Instruction, (360) 725-6308; and Enforcement: Jennifer Priddy, Office of Superintendent of Public Instruction, (360) 725-6292.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule is not applicable to nongovernmental agencies.

A cost-benefit analysis is not required under RCW 34.05.328. This rule is not applicable to nongovernmental agencies.

June 15, 2005

Dr. Terry Bergeson

State Superintendent

OTS-8136.1


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

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 shall not be counted as an enrolled student until attendance is resumed.

(a) If there is ((an)) 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 392-172-218 shall be counted as an enrolled student as provided in WAC 392-122-145.

(2) Dropouts - a student for whom the school district 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 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.

(4) Suspensions - a student who has been suspended from school pursuant to WAC 180-40-260, 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 180-40-275 or 180-40-290 shall not be counted as an enrolled student; a student who has been partially expelled, such as from a single school subject or class, by the school district pursuant to WAC 180-40-275 or 180-40-290 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.

[Statutory Authority: RCW 28A.150.290. 97-22-013 (Order 97-06), 392-121-108, filed 10/27/97, effective 11/27/97; 95-01-013, 392-121-108, 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), 392-121-108, filed 1/2/91, effective 2/2/91. Statutory Authority: 1990 c 33. 90-16-002 (Order 18), 392-121-108, filed 7/19/90, effective 8/19/90. Statutory Authority: RCW 28A.41.055 and 28A.41.170. 88-03-013 (Order 88-8), 392-121-108, filed 1/11/88.]

Washington State Code Reviser's Office